Terms & Conditions
By accessing and using the D. Grounds Jewellers Pty Ltd website at www.groundsjewellers.com.au, you are accepting and consenting to the practices in these terms of use. D. Grounds Jewellers Pty Ltd reserves the right to change these terms and conditions from time to time at its sole discretion.
- Definitions
1.1 “D. Grounds Jewellers Pty Ltd” (“we”, “our”, “us” or “GJ”) means D. GROUNDS JEWELLERS PTY LTD, as trading as "GROUNDS JEWELLERS PTY LTD" (ABN 63 810 941 468), its successors and assigns or any person acting on behalf of and with the authority of D. GROUNDS JEWELLERS PTY LTD (ABN 63 810 941 468).
1.2 “Services” means the D. Grounds Jewellers Pty Ltd website located at groundsjewellers.com.au (the “Site”) and related services including D. Grounds Jewellers Pty Ltd Jewellery Design, manufacturing and sales and its content (the “Content”).
1.3 “User” (“client”, “customer”, “you” or “your”) means the User or any person acting on behalf of and with the authority of the User.
1.4 “Jewellery” means all Jewellery sold by D. Grounds Jewellers Pty Ltd to the User (and where the context so permits shall include any incidental supply of services). The Jewellery shall be as described on any invoices or other documentation provided by D. Grounds Jewellers Pty Ltd to the User.
1.5 “Price” means the cost of the Jewellery as agreed between D. Grounds Jewellers Pty Ltd and the User subject to clause 3 of this contract.
2. Acceptance
2.1 Any instructions received by D. Grounds Jewellers Pty Ltd from the User for the purchase of Jewellery shall constitute acceptance of the terms and conditions contained herein.
2.2 Where more than one User has entered into this agreement, the Users shall be jointly and severally liable for all payments of the Price.
2.3 Upon acceptance of these terms and conditions by the User the terms and conditions are irrevocable and can only be amended with the written consent of D. Grounds Jewellers Pty Ltd.
2.4 The User shall give D. Grounds Jewellers Pty Ltd not less than fourteen (14) days prior written notice of any proposed change in the User’s details (including but not limited to, changes in the User’s address, facsimile number, or business practice). The User shall be liable for any loss incurred by D. Grounds Jewellers Pty Ltd as a result of the User’s failure to comply with this clause.
2.5 Jewellery is supplied by D. Grounds Jewellers Pty Ltd based only on the terms and conditions of hire herein to the exclusion of anything to the contrary in the terms of the User’s order notwithstanding that any such order is placed on terms that purport to override these terms and conditions of hire.
3. Price and Payment
3.1 The Price shall be D. Grounds Jewellers Pty Ltd current Price, at the date of purchase of the Jewellery, according to D. Grounds Jewellers Pty Ltd current Price list as detailed on D. Grounds Jewellers Pty Ltd website.
3.2 D. Grounds Jewellers Pty Ltd reserves the right to change the Price in the event of a variation to the User’s requirements.
3.2.1 D. Grounds Jewellers Pty Ltd reserves the right to change the Price due to Suppliers pricing changes.
3.3 At D. Grounds Jewellers Pty Ltd sole discretion a deposit may be required.
3.7 In the event an invoice is issued for payment for any reason then payment shall be due within three (3) days of the date of the invoice.
3.8 Receipt by D. Grounds Jewellers Pty Ltd of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised.
3.9 GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.
3.10 All Prices on our website are denominated in Australian Dollars.
4. Delivery of the Jewellery
4.1 At D. Grounds Jewellers Pty Ltd sole discretion delivery of the Jewellery shall be deemed to have taken place when D. Grounds Jewellers Pty Ltd Jewellery is:
4.1.1 Delivered to the User’s nominated delivery address and the User (or a third party nominated by the User) has signed the delivery receipt;
4.1.2 Personally picked up by the User with proof of purchase at the D. Grounds Jewellers Pty Ltd Thomastown Premises.
4.2 The delivery fee is calculated on all orders except those where the User has selected to pickup from the D. Grounds Jewellers Pty Ltd Thomastown Premises.
4.2.2 D. Grounds Jewellers Pty Ltd also is not responsible for delivery delays within Australia Post or the Courier Network.
4.3 The User shall make all arrangements necessary to take delivery of the Jewellery whenever tendered for delivery. In the event that the User is unable to take delivery of the Jewellery at the nominated delivery address and for any reason D. Grounds Jewellers Pty Ltd is required to redeliver the Jewellery then D. Grounds Jewellers Pty Ltd shall be entitled to charge a reasonable fee for the re-delivery if applicable.
4.4 Any delivery time or date given by D. Grounds Jewellers Pty Ltd to the User is an estimate only. The User must still accept delivery of the Jewellery even if late and D. Grounds Jewellers Pty Ltd will not be liable for any loss or damage incurred by the User as a result of the delivery being late.
5. Defects
5.1 The User shall inspect the Jewellery on delivery and shall within one (1) Business day of receipt of the Jewellery notify D. Grounds Jewellers Pty Ltd (by phone or email) of any alleged defect, shortage in quantity, damage, failure to comply with what was ordered.
6. Cancellations/Returns/Exchanges
6.1 If the User wishes to cancel an order, then they must contact D. Grounds Jewellers Pty Ltd as soon as is possible. Cancellations by the User must be prior to processing and dispatch for a Full Refund.
6.2 "Made to Order" or engraved Jewellery cancelled by the User whilst the item is in production or when completed cannot be cancelled and is ineligible for a refund or credit note. Made to Order items or engraved are unable to be returned.
6.3 "Special Order" Jewellery cancelled by the User whilst the item is being processed cannot be cancelled and is ineligible for a refund or credit note. Special Order items are unable to be returned.
6.4 "In-Stock" Jewellery cancelled by the User after the Jewellery has been dispatched from D. Grounds Jewellers Pty Ltd will only be eligible for a Credit Note at the discretion of D. Grounds Jewellers Pty Ltd. The Credit will only be processed once the Jewellery is returned in the original condition and packaging. This does not apply to Made to Order or Special Order Jewellery.
6.4.1 We will accept returns of "In-stock" Jewellery within 14 days of receipt of delivery, and only if it is in its original packaging and in a saleable condition. Returns must be shipped with insurance and are sent at the buyers expense or alternatively can be returned in person to D. Grounds Jewellers Pty Ltd Thomastown Showroom.
6.4.2 Once D. Grounds Jewellers Pty Ltd has received the returned Jewellery, D. Grounds Jewellers Pty Ltd will email the User a Credit request confirmation within three (3) working days.
6.5 D. Grounds Jewellers Pty Ltd may cancel these terms and conditions or cancel the delivery of Jewellery at any time before the Jewellery is delivered by giving written notice. On giving such notice D. Grounds Jewellers Pty Ltd shall repay to the User any sums paid in respect of the Price. D. Grounds Jewellers Pty Ltd shall not be liable for any loss or damage howsoever arising from such cancellation.
6.6 "In-stock" Jewellery is the only Jewellery eligible for an exchange. Exchanges must made within 14 days of receipt of delivery.
7. User's Responsibilities
7.1 It is the sole responsibility of the User to notify D. Grounds Jewellers Pty Ltd of any issues with the jewellery, delivery or handling.
8. Default and Consequences of Default
8.1 If the User owes D. Grounds Jewellers Pty Ltd any money the User shall indemnify D. Grounds Jewellers Pty Ltd from and against all costs and disbursements incurred by D. Grounds Jewellers Pty Ltd in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, D. Grounds Jewellers Pty Ltd collection agency costs, and bank dishonor fees).
8.2 Without prejudice to any other remedies D. Grounds Jewellers Pty Ltd may have, if at any time the User is in breach of any obligation (including those relating to payment) under these terms D. Grounds Jewellers Pty Ltd may terminate the supply of Jewellery to the User and any of its other obligations under the terms and conditions. D. Grounds Jewellers Pty Ltd will not be liable to the User for any loss or damage the User suffers because D. Grounds Jewellers Pty Ltd has exercised its rights under this clause.
8.3 Without prejudice to D. Grounds Jewellers Pty Ltd other remedies at law D. Grounds Jewellers Pty Ltd shall be entitled to cancel all or any part of any order of the User which remains unperformed in addition to and without prejudice to any other remedies D. Grounds Jewellers Pty Ltd may have and all amounts owing to D. Grounds Jewellers Pty Ltd shall, whether or not due for payment, become immediately payable in the event that:
(a) any money payable to D. Grounds Jewellers Pty Ltd becomes overdue, or in D. Grounds Jewellers Pty Ltd opinion the User will be unable to meet its payments as they fall due; or
(b) the User becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the User.
9. Security and Charge
9.1 In consideration of D. Grounds Jewellers Pty Ltd agreeing to supply jewellery, the User charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the User either now or in the future, to secure the performance by the User of its obligations under these terms and conditions (including, but not limited to, the payment of any money).
9.2 The User indemnifies D. Grounds Jewellers Pty Ltd from and against all D. Grounds Jewellers Pty Ltd costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising D. Grounds Jewellers Pty Ltd rights under this clause.
9.3 The User irrevocably appoints D. Grounds Jewellers Pty Ltd and each director of D. Grounds Jewellers Pty Ltd as the User's true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 12 including, but not limited to, signing any document on the User's behalf.
10. User Generated Content
For any content that you submit - any information such as data, text, images, files, links, software, chat, communication or other materials, including but not limited to photos and reviews relating to your use of the Service - you grant D. Grounds Jewellers Pty Ltd a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.
All content that you submit may be used at D. Grounds Jewellers Pty Ltd sole discretion. We reserve the right to change, condense or delete any content on our website that D. Grounds Jewellers Pty Ltd deems, in its sole discretion, to violate the content guidelines or any other provision of these Terms. D. Grounds Jewellers Pty Ltd does not guarantee that you will have any recourse through D. Grounds Jewellers Pty Ltd to edit or delete any content you have submitted. Ratings, reviews and written comments are generally moderated and published within two to four business days. However, D. Grounds Jewellers Pty Ltd reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not D. Grounds Jewellers Pty Ltd, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of D. Grounds Jewellers Pty Ltd, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.
By submitting any content to D. Grounds Jewellers Pty Ltd, you represent and warrant that:
- You are the sole author and owner of the intellectual property rights thereto;
- All "moral rights" that you may have in such content have been voluntarily waived by you;
- All content that you post is accurate;
- Use of the content you supply does not violate these Terms and will not cause injury to any person or entity.
You further agree and warrant that you shall not submit any content:
- That is known by you to be false, inaccurate or misleading;
- That infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- That violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- That is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
- For which you were compensated or granted any consideration by any third party;
- That includes any information that references other websites, addresses, email addresses, contact information or phone numbers;
- That contains any computer viruses, worms or other potentially damaging computer programs or files.
You agree to indemnify and hold D. Grounds Jewellers Pty Ltd (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.
11. Privacy Act 1988
11.1 The User agrees for D. Grounds Jewellers Pty Ltd to obtain from a credit reporting agency a credit report containing personal credit information about the User in relation to credit provided by D. Grounds Jewellers Pty Ltd.
11.2 The User agrees that D. Grounds Jewellers Pty Ltd may exchange information about the User with those credit providers either named as trade referees by the User or named in a consumer credit report issued by a credit reporting agency for the following purposes:
(a) to assess an application by the User; and/or
(b) to notify other credit providers of a default by the User; and/or
(c) to exchange information with other credit providers as to the status of this credit account, where the User is in default with other credit providers; and/or
(d) to assess the creditworthiness of the User
The User understands that the information exchanged can include anything about the User's creditworthiness, credit standing, credit history or credit capacity that credit providers are allowed to exchange under the Privacy Act 1988.
11.3 The User consents to D. Grounds Jewellers Pty Ltd being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) Privacy Act 1988).
11.4 The User agrees that personal credit information provided may be used and retained by D. Grounds Jewellers Pty Ltd for the following purposes (and for other purposes as shall be agreed between the Client and D. Grounds Jewellers Pty Ltd or required by law from time to time):
(a) the provision of Jewellery ; and/or
(b) analyzing, verifying and/or checking the User's credit, payment and/or status in relation to the provision of Jewellery; and/or
(c) processing of any payment instructions, direct debit facilities and/or credit facilities requested by the User; and/or
(d) enabling the daily operation of User's account and/or the collection of amounts outstanding in the User's account in relation to the supply of the jewellery.
11.5 D. Grounds Jewellers Pty Ltd may give information about the User to a credit reporting agency for the following purposes:
(a) to obtain a consumer credit report about the User;
(b) allow the credit reporting agency to create or maintain a credit information file containing information about the User.
15.6 The information given to the credit reporting agency may include:
(a) personal particulars (the User's name, sex, address, previous addresses, date of birth, name of employer and driver’s licence number);
(b) details concerning the User's application for credit or commercial credit and the amount requested;
(c) advice that D. Grounds Jewellers Pty Ltd is a current credit provider to the User;
(d) advice of any overdue accounts, loan repayments, and/or any outstanding monies owing which are overdue by more than sixty (60) days, and for which debt collection action has been started;
(e) that the User's overdue accounts, loan repayments and/or any outstanding monies are no longer overdue in respect of any default that has been listed;
(f) information that, in the opinion of D. Grounds Jewellers Pty Ltd, the User has committed a serious credit infringement (that is, fraudulently or shown an intention not to comply with the User's credit obligations);
(g) that credit provided to the User by D. Grounds Jewellers Pty Ltd has been paid or otherwise discharged.
12. Intellectual Property
12.1 User acknowledges and agrees that D. Grounds Jewellers Pty Ltd content shall remain the intellectual property of D. Grounds Jewellers Pty Ltd at all times and further agrees that they shall not use the same for any purpose whatsoever without the express written approval of D. Grounds Jewellers Pty Ltd.
13. General
13.1 If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforce ability of the remaining provisions shall not be affected, prejudiced or impaired.
13.2 These terms and conditions and any contract to which they apply shall be governed by the laws of Victoria and are subject to the jurisdiction of the courts of Melbourne Victoria.
13.3 D. Grounds Jewellers Pty Ltd shall be under no liability whatsoever to the User for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the User arising out of a breach by D. Grounds Jewellers Pty Ltd of these terms and conditions (alternatively D. Grounds Jewellers Pty Ltd liability shall be limited to damages which under no circumstances shall exceed the Price paid for the purchase of the Jewellery).
13.4 D. Grounds Jewellers Pty Ltd reserves the right to review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which D. Grounds Jewellers Pty Ltd notifies the User of such change. Except where D. Grounds Jewellers Pty Ltd supplies further Jewellery to the User and the User accepts such Jewellery, the User shall be under no obligation to accept such changes.
13.5 The failure by D. Grounds Jewellers Pty Ltd to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect D. Grounds Jewellers Pty Ltd right to subsequently enforce that provision.