Terms & Conditions

    Contents

    1. Terms and Conditions.
    2. Changes to Terms and Conditions.
    3. Your Rights.
    4. Online Orders.
    5. Product Description, Pricing and Availability.
    6. Payments.
    7. Taxes, Duties and Local Requirements.
    8. Shipping.
    9. Delivery.
    10. In-Store Collection.
    11. Gift Message Service.
    12. Returns.
    13. Payment of Refunds, Delivery Costs and Costs of Return.
    14. Warranties.
    15. Our Rights to End the Contract.
    16. Your Use of The Site.
    17. Intellectual Property.
    18. Indemnity.
    19. Limitations on Liability.
    20. Transfer of Rights.
    21. Enforceability.
    22. Waiver.
    23. Severability.
    24. Variation.
    25. Linked Sites and Advertising.

    1. Terms and Conditions

    1. This website (“Site”) is owned and operated by Costello (Sales) Pty Ltd (ABN 047051805951) trading as Costello’s Jewellery.
    2. Throughout the Site, the terms “we”, “us” and “our” refer to Costello’s Jewellery.
    3. Please read these terms and conditions (the “Terms and Conditions”) carefully. These Terms and Conditions govern your use of, and any purchase from this Site and constitute a legal agreement between you and Costello’s Jewellery. By using our Site, you acknowledge that you have read, understood and agree to be bound by the Terms and Conditions.
    4. If there is any conflict with other terms of trade, these Terms and Conditions will take priority over any other terms of trade.

    2. Changes to Terms and Conditions

    1. We reserve the right to change or modify any of these Terms and Conditions or any policy or guideline of this Site at any time, and at our sole discretion. Any change or modification will be effective immediately upon posting the revisions on this Site.
    2. Your use of the Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. We recommend that you periodically visit this page to determine the then current Terms and Conditions to which you are bound.

    3. Your Rights

    1. You have certain rights under Australian consumer protection law. These may include:
      1. that any products you order through this Site will be of satisfactory quality, fit for their intended purpose, and will conform to any description given on this Site;
      2. certain remedies (including replacements, refunds or repairs) if a product is defective; and.
      3. a right to cancel any order for a product within 7 calendar days after the date of receipt of the product and receive a full refund even if it is not defective (see Clause 12 below).
    2. For any product that you buy from us, you have a three-year statutory guarantee during which you may use a number of remedies in case your product turns out not to be in conformity with these Terms and Conditions.

    4. Online Orders

    1. When you place an order online via the Site (an “Online Order”), you confirm that the information you provide as part of such Online Order is true, accurate and complete in all respects. By placing an order you confirm that you are of the age of majority in the jurisdiction in which you reside or are domiciled.
    2. The steps required to form a binding contract (“Contract”) between you and Costello’s Jewellery in relation to the purchase (by you) and supply (by us) of products are outlined below:
      1. You place an order for products when you complete the online checkout process.
      2. You will be given the opportunity to confirm the details of your order, including your address and payment details, and correct any orders prior to completing your order.
      3. When you place an order, we will send you an acknowledgement email to let you know that we have received your order. This is not an order confirmation or acceptance.
      4. Once we have processed your order, we will send you a confirmation email to confirm that your order has been dispatched for delivery. This confirmation email is confirmation and acceptance of your order.
      5. Your product(s) will be dispatched upon receipt of payment in full.
      6. We will contact you if we cannot accept your order, which may be the result of
        1. the products not being available;
        2. a problem with your payment method;
        3. a pricing or product description error on the Site;
        4. our inability to deliver the products due to local import restrictions or requirements at your delivery destination;
        5. your failure to meet our eligibility criteria for orders or your breach of any of the Terms and Conditions or applicable law.
    3. We will not be liable under any circumstances if we decline to fulfil, or are unable to fulfil, an order. This does not affect your rights to a refund set out in these Terms and Conditions.

    5. Product Description, Pricing and Availability

    1. We will take all reasonable care to ensure that all details, descriptions and prices of products on our Site are accurate and kept up to date. Please consider, however, that due to features and traits of goods sold, product images may not always fully correspond to actual appearance of the products. We do not guarantee that the product images you see are an accurate representation; for example colours may differ from the images shown on the Site due to your computer/device screen resolution or settings.
    2. We may change products shown on our site from time to time:
      1. to reflect changes in relevant laws and regulatory requirements; and
      2. to implement minor technical adjustments and improvements.
    3. Errors may sometimes occur in our pricing. If we have made an error in the price of a product you have ordered, we will contact you with the correct price. You will have the option to reconfirm your order at the correct price, or the order will be cancelled. Prices may change and offers on products may be withdrawn at any time. Offers and promotions may be available online only or in-store only. Please check the terms of the relevant offer on the Site.
    4. All orders are subject to availability. Once a product is sold out, it will be taken off the Site as soon as reasonably possible and may not be available again. If products that you order are out of stock we will not accept the order but will contact you and you may decide to cancel the whole or part of your order. If we are unable to contact you, we may, after a period of time, cancel the whole order or the relevant part of the order and process the remainder of the order at our discretion.
    5. If we are making the product to measurements you have given us you are responsible for ensuring that these measurements are correct.
    6. We use the most accurate scales available for gemstone and pearl measurements. As per standard industry practice a tolerance of 0.25mm is allowed. For diamond jewellery set with multiple diamonds, we provide the minimum total carat weight for the piece. Carat total weight in all purchases may vary 0.05 carats from stated weight. Colour and clarity grades are expressed as either a minimum or an average depending on the number of diamonds. If stated as a minimum, all diamonds within the piece are at or above the stated quality. If expressed as an average, collectively the quality is equal to or exceeds the grade stated in most cases.
    7. Unless otherwise stated, all pendants are supplied with a complimentary base metal chain either gold plated or silver plated. Standard ring sizes are available in sizes M and Q. Any other size will be resized from these at an additional cost unless stated otherwise.
    8. Product information provided on our Site and in our promotional materials is for your guidance but does not afford a guarantee of use.

    6. Payments

    1. The prices on our Site are final. We do not negotiate our prices as we believe strongly in the value we offer with our products which are competitively priced.
    2. We accept payment by all major credit cards and debit cards. We do not charge a surcharge for the use of credit cards.
    3. In the event that the sum due from you cannot be debited for whatever reason (including, without limitation, stopped payment or refusal by the issuer of the card), the sale will be cancelled immediately and you will be notified by email or otherwise.

    7. Taxes, Duties and Local Requirements

    1. Prices displayed are quoted in AUD dollars and are inclusive of Australian goods and services tax (“GST”).
    2. Orders placed outside Australia may be subject to local taxes, import duties or other local requirements which are payable by the purchaser. It is your responsibility to comply with all requirements imposed by local customs authorities in relation to your order (including requirements regarding the provision of identification information in order to receive your order). We recommend that you make yourself aware of local import duties and any other requirements before placing your order. Costello’s Jewellery is not responsible should local customs officers confiscate your products or charge any import duty on your products.
    3. You agree that you shall be responsible for complying with any legal requirements once you have collected your product, including requirements which may arise when transporting you product to another country (such as completing any required customs declaration and paying any applicable taxes and/or custom duties).

    8. Shipping

    1. Costello’s Jewellery provides complimentary shipping and insurance on the delivery of all purchases.
    2. When you place an order, we will provide you with an estimate of shipping and delivery dates for you based on the availability of your items.
    3. Items of a bespoke or personalised nature may result in a longer lead time between order confirmation and dispatch of your order.
    4. We will repair or replace, free of charge (including costs of re-delivery) any products which are damaged or lost in transit where delivery is made by our shipping carrier, but only if:
      1. you tell us about the damage or loss as soon as possible after the actual delivery date in the case of damage and as soon as possible after the expected delivery date we gave you when you placed your order in the case of loss; and
      2. you produce to us all documents relating to the lost or damaged products and the original packaging for damaged products.
    5. We will not be responsible if our supply of the products is prevented or delayed by an event outside our control (for example, a delay caused by a shipping carrier), but we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay.

    9. Delivery

    1. Once your order has been processed and confirmed, Costello’s Jewellery will email you with your estimated delivery date, your unique tracking reference number and, if applicable, courier name. We aim for the delivery date to be no later than 30 days following the email date unless we advises otherwise.
    2. For security, all our products are sent by secure delivery methods, where original photographic proof of identity (such as a passport or identity card) and signature are required on delivery to show that the person taking receipt of the order is the same person named in the order details.
    3. In case of a failed delivery attempt, the package will not be left with an alternative person or at an alternative delivery location. Instead, an attempt to re-deliver will be made. Repeated failed delivery attempts will result in the package being returned to Costello’s Jewellery, the order cancelled and a refund being issued.
    4. While we take missing/lost parcels seriously, Costello’s Jewellery cannot not held liable for parcels that do not arrive to their final destination. If you claim that an order was not received but there is a signature obtained with appropriate identification, we will open an investigation. Orders not received are a case by case scenario and additional information may be requested to further help the investigation process. In the event that an authorised postal service is not successful in locating your parcel to complete delivery or are unable to return back to sender, no compensation is payable for loss or damage by Costello’s Jewellery.
    5. The product will be your responsibility from the time we deliver the product to the delivery address you gave us or from the time you collect it from us.
    6. Costello’s Jewellery will use all reasonable endeavours to deliver products on time but cannot guarantee any time sensitive requests.

    10. In-Store Collection

    1. We may, at our discretion, allow you to collect any product you have ordered from our store. If you have opted to collect an order in-store (where such option is available), you will be required to bring to the relevant store, original photographic proof of your identity (such as a passport or identity card) together with your payment card used to place the order. You will be able to collect your order during the normal trading hours of the store concerned. Your product will be held at the store for 7 calendar days after we have notified you the product is available for collection. If you do not collect the product within the 7-day period, the product will be returned to our storage facility and we will notify you how to arrange delivery to your address.
    2. If you do not collect the product from us as arranged (or having failed to collect the item you subsequently fail to arrange delivery of the item to your address), we will attempt to contact you for further instructions. If we are unable to contact you or arrange delivery or collection within 30 days of the original collection date we may cancel your order and issued a refund (where payment has already been taken).

    11. Gift Message Service

    1. You may request a complimentary gift message be sent with your purchase of a product, when it is delivered directly to your chosen recipient. We may, at our 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.

    12. Returns

    1. While we hope you are delighted with your Costello’s Jewellery product, you may return any piece of jewellery that has not been worn, scratched, damaged, made to order or altered in anyway including resizing (“Non-Returnable Products”) 7 calendar days from the date of in-store purchase or the date of a delivery of goods for a full refund.
    2. If for any reason you decide not to keep your purchase then we will accept returns of all products (other than Non-Returnable Products) in exchange for a full refund, provided that:
      1. you return the product(s) without undue delay and in any event not later than 7 calendar days from the day on which you communicate your cancellation of your Contract to Costello’s Jewellery as per clause 12(c) below (note that the deadline is met if you send the product before the period of 7 calendar days has expired) to the return address provided, or to our store;
      2. the product(s) is/are in its/their original condition (other than removed from the packaging to inspect and try on) and is/are returned with all original packaging and enclosures (including any accompanying certificates); and
      3. you enclose the original sales invoice when returning the product(s).
    3. To return an item via mail, you must:
      1. contact Costello’s Jewellery in writing and provide a clear statement that you wish to cancel your Contract, together with you order number, your contact details and details of the products you wish to cancel;
      2. confirm with Costello’s Jewellery whether there are any additional instructions to return your purchase via mail which may be required for posting before you put your product in the mail;
      3. place your jewellery items back within the Costello’s Jewellery presentation box;
      4. place the presentation box and all materials provided with the original order (including the certificate of authenticity and sales invoice) back within the original shipping box, where possible; or in a bubble wrapped padded bag;
      5. seal the shipping box;
      6. post the shipping box by a method;
      7. email Costello’s Jewellery within 24 hours of postage to:
        1. confirm that the product has been posted;
        2. provide us with the estimated delivery date; and
        3. provide us with the traceable tracking number for the item.
    4. To the extent legally permitted, we cannot accept returns of (and will not issue refunds in respect of) Non-Returnable Products. We reserve the right to:
      1. refuse return of any product that does not meet the return requirements as set out in this clause 12 according to our reasonable discretion; and/or
      2. reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way that does not meet the return requirements as set out in this clause 12 according to our reasonable discretion. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount as damages as determined by us according to our reasonable discretion.
    5. Except to the extent legally required, we do not provide direct exchanges in relation to returned items. If you wish to exchange your item for the same or another item then you must re-submit a new order for the relevant item.
    6. Where a bespoke or customised item does not match the specifications you have provided and to which we have confirmed our agreement, subject to availability, we will exchange the item free of charge so as to meet the correct specifications.
    7. We will pay the return shipping costs if the return is a result of our error in accord with Clause 13 below, subject to the provision of documented evidence to confirm shipping costs.
    8. It is the customer’s responsibility and cost to return the item back to Costello’s Jewellery. Costello’s Jewellery cannot be held accountable for any items lost in the mail. When returning a product, we recommend you obtain shipping insurance. If applicable, this cost will be reimbursed to you in accord with Clause 13.

    13. Payment of Refunds, Delivery Costs and Costs of Return

    1. A refund will only be issued once Costello’s Jewellery has confirmed that the conditions for return (as set out in these Terms and Conditions) have been met. No returns will be considered until we have received the return product and been able to inspect it.
    2. We will issue you with a full refund including the shipping cost paid by you (subject to the provision of acceptable documented shipping costs) if:
      1. if the products are faulty or not as described on the Site;
      2. if you are ending your Contract because we have told you of an upcoming change to the product or these Terms and Conditions, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or
      3. if you are exercising your right to change your mind as per Clause 12.

      In all other circumstances you must pay the costs of returning the relevant product(s).

    3. We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you other than what is necessary to establish the nature, characteristics and functioning of the products. However, we will not be liable for any fee charged by your bank or financial institution in respect of any refund.
    4. In the event that we have sent goods to you and you have cancelled your order, we may withhold reimbursement until we have received the goods back.
    5. Refunds in respect of returned products can only be credited to the same method of payment as was used when you placed the order. You will not incur any fees as a result of the re-imbursement.

    14. Warranties

    1. Costello’s Jewellery will pass on to you the benefit of any warranties given by the manufacturers or suppliers of the products we sell. Products altered, tempered or repaired by a third party other than Costello’s Jewellery voids this warranty.
    2. If you believe you have received a faulty product you must contact us immediately and provide us with a photo of the product. Costello’s Jewellery will provide a solution to any major or minor faults assessed. This solution is in the form of a repair, exchange or refund as per Australia consumer law.
    3. 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.

    15. Our Rights to End the Contract

    1. We may end our Contract with you if you breach its terms or if:
      1. you do not make any payment to us when it is due and you still do not make payment within 7 calendar days of us reminding you that payment is due;
      2. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; or
      3. you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.

    16. Your Use of The Site

    1. The Site is for your personal and non-commercial use only. You agree that you are solely responsible for:
      1. all costs and expenses you may incur in relation to your use of the Site; and
      2. keeping your password and other account details confidential if you have an account.
    2. We may prevent or suspend your access to the Site if you do not comply with any part of these Terms and Conditions, any terms or policies to which they refer or any applicable law.
    3. You may not use the Site or its contents:
      1. to download (other than page caching) or modify the Site, or any portion of it;
      2. to interfere with or disrupt any network or Site connected to the Site or gain unauthorised access to other computer systems;
      3. to interfere with the enjoyment or use of the Site by any other person;
      4. for any purpose which is unlawful.
    4. In addition you may not, in relation to the Site, use any:
      1. data mining, robots, or similar data gathering and extraction tools;
      2. framing techniques to enclose the trademarks, logos and other proprietary images, text layouts and formats which we use on the Site;
      3. meta tags or any other hidden text which uses our name or trademarks.
    5. Using the Site does not give you permission to link to it or to use any of the trademarks, designs, get-up and/or logos contained within it.
    6. We do not represent or warrant that the material contained in the Site or any of the functions of the Site or our server(s) will operate without interruption or delay or will be error-free, free from defects, viruses or bugs or compatible with any other software or material. The Site is provided as is. Accessing the Site is entirely at your own risk.
    7. Nothing in these Terms and Conditions grants you any legal rights in the Site (or any content contained therein) other than as necessary to enable you to access the Site. You agree not to modify, circumvent or delete any notices contained on the Site (including any intellectual property notices) and in particular any digital rights or other security technology embedded or contained within the Site (and you further agree not to attempt to do so).
    8. You may not distribute, reproduce, display, publish or otherwise commercialise any part of this Site without our written prior permission.
    9. Notwithstanding any of these Terms and Conditions, Costello’s Jewellery reserves the right, without notice and in its sole discretion, to terminate your use of this Site, and to block or prevent future your access to and use of this Site.

    17. Intellectual Property

    1. This Site and all intellectual property rights in it are owned by us. Intellectual property rights means rights such as: copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We reserve all of our rights in any intellectual property in connection with these Terms and Conditions. This means, for example, that we remain owners of such rights and we are free to use them as we see fit.

    18. Indemnity

    1. Where allowed by law, you agree to indemnify us and our agents and officers, directors and employees, immediately on demand, against all claims, liability, damages, costs and expenses, including reasonable legal fees, arising out of any breach of these Terms and Conditions or violation of any applicable law by you, or by any other person accessing the Site using your account and/or your personal information.

    19.   Limitations on Liability

    1. To the fullest extent allowed by law, we disclaim any and all representations, warranties and conditions of any kind, whether express or implied, in relation to the products and services offered by Costello’s Jewellery. This does not affect your statutory rights as a consumer.
    2. Where allowed by law and without infringing or otherwise affecting your statutory rights, we will not be liable, in contract, tort (including, without limitation, negligence), as a result of pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise as a result of or in connection with the Terms and Conditions for (i) any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or (ii) any loss of goodwill or reputation; or (iii) any special or indirect losses, suffered or incurred by you arising out of or in connection with these Terms and Conditions. Nothing in these Terms and Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our agents or employees.
    3. To the extent permitted by law and without limiting any non-excludable consumer rights you may have, Costello’s Jewellery will not be liable for any direct, indirect, incidental, special, consequential, exemplary or punitive loss or damages of any nature whatsoever, including any loss of profits, revenue, opportunity, goodwill, expectation, business, savings, data or unavailability of systems or other loss, whether arising under contract, statute, tort (including negligence) or otherwise, in connection with the Site, or any use of or access to, or any inability to use or access, the Site.
    4. The materials contained on this Site are provided “as is” without warranties of any kind, either express or implied, unless otherwise stated within these Terms and Conditions. We do not provide any warranty of accuracy or reliability of information contained on the Site and are not responsible for any adverse consequences arising out of the use of information contained on the Site.
    5. We will not be liable under any circumstance if we decline to fulfil, or are unable to fulfil an order, subject to all other rights provided to you under these Terms and Conditions.
    6. We take all reasonable care to keep the details of your order and payment secure. However, unless we are fraudulent negligent, we will not, where allowed by law, be liable to you for any losses caused as a result of any unauthorised access to this data by a third party.

    20. Transfer of Rights

    1. We may transfer our rights and obligations under these Terms and Conditions to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to cancel your Contract within 7 calendar days of us telling you about it and we will refund you any payments you have made in advance for products not provided.
    2. You may only transfer your rights or your obligations under these Terms and Conditions to another person if we agree to this in writing (including email) (such consent not to be unreasonably withheld). We may require the person to whom any rights or obligations are transferred to provide reasonable evidence that they are now the owner of the relevant product.

    21. Enforceability

    1. This Contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the Contract or make any changes to these Terms and Conditions.

    22. Waiver

    1. No waiver by us shall be construed as a waiver of any right for any breach of these Terms and Conditions.
    2. If at any time we do not enforce any of these Terms or Conditions 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.

    23. Severability

    1. If any provision of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable and shall not affect the validity and enforceability of any of the remaining Terms and Conditions.

    24. Variation

    1. Any agreed variation to these Terms and Conditions must be expressly agreed to as a Variation by us in writing and include all agreed changes including but not limited to price and delivery.

    25. Linked Sites and Advertising

    1. The Site may contain hyperlinks or references to third party websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. We will remove any links to unlawful content once we become aware of such unlawful content. The display of any hyperlink and reference to any third party website does not mean that we endorse the third party or its website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.
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