ACCEPTANCE OF THE TERMS AND CONDITIONS

The Cushla Whiting website (www.cushlawhiting.com.au) (the “website”)  is owned and operated by Whiting Gems Pty Ltd  (ABN 17 166 167 308). You agree that you acknowledge and understand these Terms and Conditions and if you do not agree to these Terms and Conditions you will cease engaging with our website. By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your state of residence, or that you are the age of majority in your state of residence and you have given us your consent to allow any of your minor dependents to use this site.

We have the right to refuse service to anyone for any reason at any time.  

 

PRIVACY STATEMENT

We collect personal information from you such as your name, address, email and phone number solely for the purpose of interacting directly with you, including preparing and supplying any orders for goods or services you may place with us, and to contact you from time to time with direct marketing of specials or highlighting products that you may be interested in. 

You may choose not to receive any emails from us at any time by selecting the unsubscribe button on any correspondence you receive from us, or by emailing us at info@cushlawhiting.com.au with your request.  Once we have completed any supply of goods and services to you, you may also contact us requesting that your details are removed from our secured database – the right to be forgotten, and we will not retain your personal information.

When you browse our website, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.

We take reasonable steps to keep your information secure and secret and endeavour not to disclose your personal information to anyone except our service providers (i.e. mailout provider, shipping providers etc). We will disclose your personal information if we are required by law to do so.

When purchasing from us, your financial details are passed through a third-party platform which is a trusted, industry-standard service. We do not record any of your credit card details under any circumstance.

 

PRICING

Prices that appear on this website are quoted in Australian dollars and are an indicative price of the jewellery depicted and valid only in Australia. These prices include GST (which is removed for international sales).  Postage and insurance costs for all domestic orders (and any international order over $3,000) is included in the quoted price, however local sales, taxes and duties may apply in jurisdictions outside of Australia. The Customer is responsible for payment of these amounts.

We make every attempt to avoid errors in pricing and product information, however, on the very rare occasion that a mistake occurs, we reserve the right to correct it. That means we may in our sole discretion, refuse to accept your order, rescind an order placed with incorrect pricing or cancel the order and terminate the sale contract. Where we have accepted payment for an order we will refund the price you paid. If the goods under the order have been shipped prior to the error being noticed, you agree to return the goods or pay the price difference. We agree to pay for the reasonable costs of returning the goods to us.

Our prices are subjected to change without notice and are updated on a regular basis. 

 

PURCHASES

There is no guarantee as to the availability of goods advertised available for purchase via this website.

In placing an order for jewellery via our online shop, or by accepting a quote for your bespoke jewellery you are agreeing to these purchase terms and conditions including our policies relating to payment terms, shipping and handling, refunds, returns, cancellations and modifications to orders which follow below.

Customers agree that at times there may be slight variations in total carat weight, number of small gemstones/diamonds or dimensions of components (gemstones/diamonds/metals) as required to best fit the setting and design of the piece. No alterations to the quote are required for such nominal and requisite changes.

 

ARCHIVE SALE

Our Archive Sales pieces are FINAL SALE and are therefore not eligible for return or exchange, unless in the event of them being faulty. We recommend choosing carefully to avoid disappointment and suggest contacting info@cushlawhiting.com.au for assistance, prior to purchasing should you have any questions.

By purchasing a final sale item you agree that the item cannot be returned or canceled and a cancellation will result in the forfeit of any monies paid. Where applicable, these terms and conditions override any other existing terms and conditions for non-sale items.

 

ORDERS AND PAYMENT TERMS

All deposits are non-refundable.

For ready-made purchases, a 50% initial deposit is required. The outstanding balance must be paid within 8 weeks of receiving the initial deposit. We will not ship or allow collection of the jewellery until payment in full has been received.

For all bespoke orders, a 50% deposit is required – we will not commence production until this deposit has been received. The remaining balance will be invoiced upon completion of the piece (usually within the 8 week production time frame) and the final payment is required within 7 days from the date of invoice. Bespoke orders will be shipped/can be picked up upon receipt by us of the final balance. We will not ship or allow collection of the jewellery until payment in full has been received.

For gemstone holds, a 20% deposit is required, with a maximum hold period of 8 weeks. Should you change your mind regarding the gemstone you have chosen within the initial 8 week period, you may exchange it for one of equal or greater value from our collection. If the gemstone is of higher value than your initial choice, the difference in price must be paid in order for the new gemstone to be placed on hold. No exchanges will be accepted after the 8 week period has expired and the remaining 30% deposit is due at this time.

 

READY-MADE COLLECTION  PIECES

We offer an exchange or a credit note (excluding postage fees) for unworn, ready-made collection pieces (excluding earrings) that are in their original condition and original packaging. Returns must be made within 14 days of the purchase date. To arrange a return, please contact us on info@cushlawhiting.com.au.

Please note we do not accept returns when:

items are not returned in their original condition i.e. have been worn, damaged, altered or are sent without original packaging and documentation.items are returned outside the specified return timeframean order includes earrings due to hygienic reasonsan order includes bespoke or customised itemsYour full name and addressPhotographic evidence of the fault along with a brief descriptionFor readymade jewellery – within 14 days of placing the order/making the deposit or until the jewellery has been shipped or collected by you whichever is first;For bespoke jewellery – within 24 hours of placing the order. Bespoke orders that have been put into production and orders that have been dispatched cannot be cancelled. A cancellation will result in the forfeit of the 50% deposit.

Cancellation by us:  We may in writing cancel an order or delivery of an order without liability to you (save as required by relevant laws) if:

you have not yet paid for the products;we are no longer trading; the price was incorrectly displayed; orthe products are no longer available.  

We will refund the purchase price less any credit card fees within 14 days of our acceptance of the cancellation in writing.

 

INTELLECTUAL PROPERTY IN JEWELLERY DESIGNS

We create intellectual property in all jewellery and designs we make. Intellectual property rights in any design we create, even if created in collaboration with a client’s suggested vision or concept, remains our property and is not to be  assigned, licensed, reproduced, disclosed or otherwise given to any other person by you.

Where we have designed, drawn or written wiring topology, produced pictorial shorts or schematic diagrams for you, then the copyright in those plans, designs and documents shall remain vested in us, and shall only be used by you at our discretion. You are not permitted to reproduce, use or publish the copyright-protected designs for any purpose other than taking personal photos for your own personal interests and viewing.

We allow customers to post designs on social media for example Instagram as long as they tag us @cushlawhitingjewellery and/or provide us recognition as the designer of the jewellery – preserving our moral rights under the Copyright Act 1968 (Cth).

Just as we do not permit you to take our designs to another jeweller or designer to use, you must not give us designs or copyright protected work from a third party unless you represent and warrant that you have their consent to do so, and our use of such designs or works will not cause us to infringe any patent, registered design or trade mark in the execution of your order. If you cause us to unknowingly breach a third party’s intellectual property rights you agree to pay all damages, losses, costs and expenses (including legal costs) that we may incur as a result of any such infringement on an indemnified basis.  

By providing us with any of your own drawings or designs to design and make your jewellery pieces, you grant us an irrevocable, perpetual, nonexclusive, royalty-free, fully paid-up, worldwide license to use, copy, modify, and display any portion of works you provided to us and incorporated into any custom-made products developed and delivered to you. We reserve the right to market, publicise and share any and all designs and images of the design and jewellery created including on our own social media.  You agree that we may use any documents, designs, drawings or jewellery created by us for the purposes of advertising, marketing, or entry into any competition.

We do not disclose any of your personal information in accordance with our Privacy Statement.

 

GIFT CARDS

We offer gift vouchers which are valid for 3 years from the date of purchase and are valid for the monetary amount stated. Gift vouchers can be used for bespoke and/or ready-made pieces. Gift vouchers cannot be used online, they can be used in person, via phone or email.  Vouchers and eGift Cards are sold in AUD, and are not redeemable for cash.

 

DISCLAIMER

We provide this website on an ‘as-is’ basis and make no representations of any kind for the operation of the website, as well as for all information, products, materials and services as associated. 

To the extent of permissible law, we disclaim all warranties and representations. We provide no warranty that any information available on the website is accurate, current or complete. We are not liable in any way for any damages arising from the use of this website. This limitation of liability applies to damages of any kind, including direct, indirect and incidental, loss of income, profit, data, property and claims by third parties.

 

IMAGES APPEARING ON THIS WEBSITE

Whilst reasonable care has been taken to ensure our jewellery images are reflected as accurately as possible, the look of our products may vary, due to your monitor settings, pixel definitions or our digital photography lighting etc. Videos of gemstones sent to customers for bespoke jewellery are our best effort and the appearance of a gemstone can vary in different lightings, against different metals and depending how they are viewed. Therefore we cannot guarantee that the sizing and colour will be rendered correctly on your screen and all images are intended solely as a guide only and cannot be relied upon.

 

COPYRIGHT NOTICE

Our website design, text, images, graphics, logos, buttons and arrangements are owned by us (or we otherwise have the right to use such copyright protected works).  Therefore, all content on this website is protected by copyright law and you may not, without our written permission, print, publish, reproduce or use the works, text, images or designs in breach of copyright laws.

We warrant to any purchaser that we are the owners of the copyright in the works (as defined under the Copyright Act 1968 (Cth) displayed on our website, and that no interest has been granted to any other party for the reproduction of material as contained on this Website.


INDEMNITY

The user of this website shall at all times keep us, our owners,  employees, agents and subcontractors (the “Indemnified Parties”) indemnified from and against all claims, demands, actions, proceedings or prosecutions which may be brought, commenced or prosecuted against the owners, employees, agents and subcontractors. This indemnity will extend to all costs, damages and expenses incurred by the owners, employees, agents and subcontractors in connection herewith.  You agree that this indemnify includes, but is not limited to, an indemnity from claims and demands relating copyright infringement of works submitted by you to us, or any losses or damages suffered or incurred by the Indemnified Parties  as a result of an Indemnifying Party’s failure to disclose the source of any protected works or (ii) from the failure to accurately represent the source of the works.

 

GOVERNING LAW

The governing law shall be the law of the State of Victoria and the parties submit to the jurisdiction of that the State of Victoria.