Terms and Conditions
The contents of this website are copyright © property of Prouds The Jewellers. or its suppliers. You may view this site and electronically copy or print hard copies of parts of it for your personal, non-commercial use only. You may not distribute, reproduce, display, publish or otherwise commercialise any part of this website without our written permission.
This site contains registered and other trademarks belonging to Prouds The Jewellers or its suppliers. Except with our prior written approval, Prouds The Jewellers does not authorise the grant of any license or right to use those trademarks. Prouds The Jewellers prohibits use of any Prouds The Jewellers logo and trademark as a 'hot' link to any non-Prouds The Jewellers site unless the establishment of such link is approved in advance by Prouds The Jewellers in writing.
Linked Sites and Advertising
Our website may include links to third party sites. These links are provided as a convenience and their inclusion does not imply Prouds The Jewellers' endorsement of the site or any association with their operators. Prouds The Jewellers is not responsible for the contents of any linked site or liable for any direct or indirect loss or damage suffered by you from accessing, using, relying on or trading with third parties. Similarly, any dealings you may have with any advertiser appearing on our website are solely between you and the advertiser or other third party. Prouds The Jewellers is not responsible or liable for any part of any such dealings or promotions.
Prouds The Jewellers reserves the right to prohibit links to its website and you agree to remove or cease any link upon our request. You may not frame any part of the website material by including advertising or other revenue generating material.
The materials contained on this website are provided "as is" without warranties of any kind, either express or implied. This website is a general information service only. Use of the website material is at your own risk. Prouds The Jewellers is not responsible for any adverse consequences arising out of the use of information contained on the website. You should assess whether the material provided is appropriate in light of your own objectives, situation and needs. Prouds The Jewellers does not give any warranty of accuracy or reliability of information contained on the website to you or any other person.
Limitation of liability
While reasonable care has been taken to ensure the facts stated in the website are accurate and the opinions given are fair and reasonable, neither Prouds The Jewellers nor its contractors or employees, to the fullest extent permitted by law, will be responsible for errors or misstatements or be liable whether in contract, tort (including negligence) or otherwise for any loss or damage caused (whether direct, indirect, consequential, special, or loss of profits) out of the use of, or the inability to use, the materials on this site. This limitation of liability applies even if Prouds The Jewellers or a Prouds The Jewellers representative has been advised of the possibility of such damages.
Supply of Goods and Services
Terms of supply
We will endeavour to supply you with the goods or services ordered using this website, but Prouds The Jewellers will not be liable to any person if we decline to fulfil, or are unable to fulfil, an order. Supply of goods and services to you is made on these Terms only (as we may amend them from time to time). The only circumstance where any variation to these Terms will apply is where Prouds The Jewellers has expressly agreed in writing to that variation. If there is any conflict with other terms of trade, these Terms will take priority over any other terms of trade.
Product information, images and colours
Product information given on the Prouds The Jewellers website or in our catalogues and promotional materials is for your guidance but does not afford a guarantee of use. Common sense and discretion are advised in the proper and safe use of all products purchased from us.
Each product purchased is sold subject to its Product Description. Prouds The Jewellers takes reasonable care to ensure that all details, descriptions and prices of products appearing on our website or in our catalogues and promotional materials are correct. Although we aim to keep these details as up to date as possible, the information, including Product Descriptions, appearing on this website or in a Prouds The Jewellers catalogue or promotional publication at a particular time may not always reflect the position at the exact moment you place an order.
We cannot guarantee that your monitor's display of any colour will be accurate. We will endeavour to deliver the corresponding products but do not warrant that the products we deliver to you will be identical to those displayed in the photograph or on your monitor. This also applies to the reproduction of colours and images published in Prouds The Jewellers catalogues or other promotional materials. Styled images or photographs are used in some cases, in order to help demonstrate how a product may be worn or displayed. These extra styling products may or may not be able to be purchased separately from Prouds The Jewellers.
The prices displayed on our website are those current at the time we acknowledge receipt of your Order. Prices displayed in Prouds The Jewellers catalogues or promotional materials are those current at the time of publication. In all cases, the prices displayed are quoted in AUD dollars and are effective only in Australia.
When you place an online Order, you will receive from us an automated Order confirmation by email. This email will be an acknowledgement of receipt of your Order only and will not constitute acceptance of your Order. A contract between Prouds the Jewellers and the customer, for the purchase of the goods, will not be formed until a shipment confirmation email has been received by the customer. From the time we acknowledge receipt of your order until the time we dispatch your Order, Prouds the Jewellers reserves the right to correct prices without notice if necessary. If this occurs after you have received an order confirmation email, being acknowledgement of receipt of your order, we will contact you prior to processing your order to ascertain whether you still wish to purchase the affected product(s) at the corrected price (s). If we cancel your Order, we will promptly refund any payment already made by you to your original payment method
Prices for goods and services on this website are usually displayed inclusive of goods and services tax ("GST"). However, where corporate or bulk prices are displayed (such as on any "corporate services" pages of the site) these are exclusive of GST.
Gift message services
You may request a gift message be sent with your purchase of a gift card or product, when it is delivered directly to your chosen recipient. Prouds The Jewellers may, at its discretion, remove from any message any content that we consider to be defamatory, obscene, pornographic, indecent, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.
The Prouds The Jewellers gift message service is provided free on request with purchases made at retail prices. For corporate or bulk orders, these services will attract an additional fee.
Risk and Ownership
Risk in products purchased from us will pass to you on delivery, but legal and beneficial ownership will remain with Prouds The Jewellers until all sums owed to us, in respect of those products and all other products and services supplied by us, are paid in full. While property in the products remains with us, we have the irrevocable right to enter your premises where the goods are located and take possession of and remove the goods. Until ownership passes, you hold the products as bailee for Prouds The Jewellers.
Warranties and Limitation of Liability
Prouds The Jewellers will pass on to you the benefit of any warranties given by the manufacturers or suppliers of the products we sell. However, we expressly exclude to the fullest extent permitted by law all other warranties, descriptions, representations or conditions whether implied by law, trade, custom or otherwise.
Our liability for any claim, damages, loss or expense related to the supply by us of goods or services is limited to the cost paid by you for the goods or services except where statute expressly requires otherwise. To the fullest extent permitted by law we will not be liable in any event whether in tort (including negligence), contract or otherwise for any loss of profits or any consequential, indirect or special damage, loss or injury of any kind suffered by you or any other person.
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
Other Important Notices
Changes to Terms and Conditions
We reserve the right to change these Terms at any time by notifying users of the existence of revised terms and conditions through the website. By continuing to access the website, you agree to be bound by the amended terms and conditions.
If at any time we do not enforce any of these Terms or grant you time or other indulgence, we will not be construed as having waived that term or our rights to later enforce that or any other term.
If any portion of these Terms is deemed to be invalid, illegal or unenforceable the remaining provisions shall remain in full force and effect.
These Terms are governed by Australian law and you agree to submit to the exclusive jurisdiction of the Australian Courts. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.