Website Terms & Conditions – American Swiss Australia (ASA)

These terms and conditions specify the agreed terms of use for the www.americanswiss.com.au (Website), including the purchase of goods and/or services using this Website. This agreement is between you, the person accessing and/or using the Website (You) and American Swiss (Australia) Pty Ltd (ABN 17 625 707 422) (ASA, we or our).

The Website is owned and operated by ASA.  By accessing and/or using the Website, You indicate Your acceptance of these terms and conditions. If You no longer accept these terms and conditions, You must stop using the Website immediately.

ASA may amend these terms and conditions from time to time and will publish such amended terms and conditions on the Website. Your continued use of the Website after such amendment will constitute acceptance of the amended terms and conditions by You.

ASA reserves any rights not expressly granted in these terms and conditions.

Privacy

ASA may collect personal information about You and the protection of such information will be governed by ASA's privacy policy which you can access here.

Your Account and Password

Should You choose to set up an account login (including a username and password) to verify Your identity when You are using this Website, You must ensure Your account details are true, complete and accurate when submitting them to ASA.  You must always keep Your account details up to date. You agree not to impersonate any person or entity or falsely state or otherwise misrepresent Your affiliation with a person or entity.

Your username and password are personal to You and You must at all times keep them secure and confidential and not disclose them to any third party.

You are solely responsible for any use of the Website by any person using Your username and password, including purchases made via the Website. You agree to release and indemnify ASA in relation to any claims, loss or liability arising out of the unauthorised use of Your username or password.

You agree to notify ASA immediately by email to asaonline@americanswiss.com.au of any unauthorised use of Your account or any other breach of security.

Pricing

The price you will pay for an order at the online checkout is the price listed on the Website at the time You place an order which is inclusive of goods and services tax (GST). ASA is not responsible for incorrect pricing on third party websites.

ASA may vary any prices on this Website at any time without notice to You.  If there is an error or omission in relation to the price, ASA reserves the right to cancel the order and refund any amount paid for the order.

Catalogues

Any online and printed catalogues are prepared with the utmost care, however from time to time issues may arise with supply or delivery that leaves ASA unable to deliver your goods. This may result in an order being refunded and not delivered. All care is taken to ensure advertised prices are correct however in the event of an error ASA reserves the right to not deliver your order and provide a refund.

Competitions and Promotions

Certain parts of the Website may contain competitions or promotions from ASA or third parties. The terms and conditions of any competitions or promotions conducted by ASA will be specified on the relevant part of the Website from time to time. By entering or participating you agree to be bound by the relevant terms and conditions.  In the event of any conflict, these terms and conditions will prevail.  Notwithstanding any terms and conditions specific to the competition or promotion, ASA reserves the right, at any time and without notice, to remove, alter or add to competitions or promotions on the Website without any liability to You.    ASA is not responsible for any competitions or promotions conducted by third parties.

Current Promotions

Black Friday

Up to 50% off selected jewellery and Tempo, 30% off watches and Moi Moi. Not to be used in conjunction with any other offer. In store and Online. Offer ends 27/11/2018

Ordering goods on this Website

This Website and the information on it constitute an invitation to treat and not an offer by ASA to supply goods. When You submit an order to purchase goods from ASA, this constitutes an offer from You to buy those goods in accordance with these terms and conditions. No contract for the sale and purchase of those goods shall be formed between ASA and You until we accept your order by sending you a confirmation of shipping.  This contract may only be amended by written agreement between ASA and You.  ASA may accept or reject any orders it receives.  The order of any goods is subject to availability.

Items in Your online shopping basket are not reserved and may be purchased by other customers.

ASA reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.

Product Accuracy

ASA makes no representation or warranty with regard to the accuracy, completeness or suitability of the information on our Website. We have made every effort to display the colours of our products that appear on the ASA Website as accurately as possible.  However, as computer monitors, tablets and mobile devices vary, we cannot guarantee that Your monitor's display of colour will be completely accurate.

In order to give You the opportunity to view our products in great detail, some products may appear larger or smaller than their actual size.

Ethical Sourcing

At ASA we only purchase diamonds through legitimate sources not involved in funding conflict and in compliance with the United Nations resolutions.

Diamond Certificates

Single Diamond solitaires over 0.5 carat are certified by an accredited independent gemological laboratory, the Gemological Institute of America (GIA). In addition to the diamond’s carat weight and measurements, a certificate includes grades for the diamond’s cut, colour and clarity.  This certificate will be included with each purchase. We do not reproduce certificates in the event they are lost so please treat them with care. Any returns must include the accompanying certificate .

Comparison Purchasing

Purchasing multiple items for the purpose of comparison and sending back unwanted items is not allowed. Should You be found to be engaging in comparison purchasing, ASA reserves the right to cancel your order and refund any monies paid without delivering the goods.  ASA may also not fulfil future orders by You.

Payments using Afterpay

Afterpay is a third party and by utilising the AfterPay payment method You are entering into an agreement with them. Refund times and processing are managed by Afterpay and not ASA.

Payments using ZipPay

ZipPay is a third party and by utilising the ZipPay payment method You are entering into an agreement with them. Refund times and processing are managed by ZipPay and not ASA.

Gift Vouchers

Our Gift Vouchers cannot be redeemed for cash. We also cannot exchange, refund or replace lost or stolen cards.

Gift Cards can be used both in-store and online.

Click & Collect

You can shop online and collect your order from participating stores in Australia (Click & Collect Orders).  Please note during major sales events (such as a Stocktake Sale or End of Season Sale) Click & Collect may be temporarily unavailable.

Click & Collect Orders may not be available for some merchandise.

The relevant ASA store will contact you when your Click & Collect Order is ready for collection.  Click & Collect Orders will generally be available for collection within 3 business days from the date you place your Click & Collect Order, excluding special orders and sizing.

In peak trading periods or where item/s in Your Click & Collect Order are not available and need to be sourced from another location, this may result in delays in fulfilment. ASA will notify You of the delays and discuss alternative arrangements.

Click & Collect Orders must be collected within 14 days from the date You are notified that Your Order is ready for collection. If Your Click & Collect Order is not collected within this time, the relevant ASA store has the right to allocate those goods to another customer and refund You.

When collecting Your goods at the ASA store, You are required to supply a copy of Your order confirmation email (printed or on your smart phone) and photo identification.

If are not personally available to collect the goods, You may appoint a representative. The representative is required to supply a copy of Your order confirmation email (printed or on their smart phone) and their photo identification at the time of collection. The representative must be over 16 years of age.  You agree that we will be entitled to rely on the representative's instructions as if they were Your own and that the representative is collecting the goods on Your behalf.

If You are unable to collect Your Click & Collect Order from the nominated ASA store, You may elect to have the goods delivered. A delivery fee may apply.

ASA reserves the right to change or discontinue the Click & Collect service at any time, without notice.

Delivery and delivery fees

Goods purchased online from this Website are available for delivery to addresses in Australia only. We use StarTrak or Australia Post for this delivery. The applicable delivery fees are clearly displayed at the time of purchase .

You may specify delivery for Your order (for example, you may authorise the courier to leave the goods at a specified location if You will not be at the delivery address).  If You are not available to receive a delivery, we will not leave the goods at the delivery point unless you have authorised us to do so and we may arrange for delivery at a different time and charge you an additional delivery fee.  We will not be responsible or liable for anything that happens to any order that is delivered in accordance with Your delivery instructions.

We aim to dispatch all orders within a timely fashion. Estimated delivery times are to be used as a guide only and commence from the date of dispatch. ASA is not responsible for any delays.

Title to the goods passes to You upon payment of all amounts owed in respect of all goods purchased by You.  Risk in the goods passes to You on delivery.

Refund Policy

Goods may be refunded or exchanged within 30 days of purchase, provided the items are in their original packaging, with barcode attached and not worn or used. Any certificates provided with the item must also be returned. Where applicable, we will meet our obligation to provide a remedy under Australian Consumer Law.

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 for 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

Due to hygiene, we do not exchange or refund earrings and/or body pierced jewellery unless the product does not comply with the provisions of the Australian Consumer Law.

We cannot offer exchanges of jewellery or watches after alteration. Under no circumstances will customised products or special orders be accepted for return due to change of mind.

All other guarantees, conditions and warranties of any type in relation to the goods and services are excluded to the maximum extent permitted by the law.

Repairs

If Your goods are not considered faulty but are in need of repair, please head to Your local store. No repairs will be processed via the Website.

Customer Care Plan

Customer Care Plans are offered on all purchases over $200. Should You choose to take out a Customer Care Plan with Your purchase please refer to the terms and conditions provided.

Copyright

Unless otherwise stated, this Website and its contents are subject to copyright. The copyright is owned by ASA. You may use, copy and print parts of this website solely for your personal, non-commercial use. Except as permitted by the Copyright Act 1968 (Cth), You must not reproduce, distribute, modify, display or publish this Website or any of its contents without the prior written consent of ASA.

Trademarks

The Website contains trademarks that are owned by ASA or its affiliates and protected by the law. The use and reproduction of these trademarks is strictly prohibited without the prior written consent of ASA.

Disclaimer

You agree that your access to, and use of, this Website is subject to these terms and conditions and all applicable laws, and is at your own risk. This Website and its contents are provided to you on "as is" basis. The website may contain errors, faults and inaccuracies and may not be complete and current.

ASA makes no representations or warranties of any kind, express or implied as to the operation of this Website or the information, content, materials or products included on this Website, except as otherwise provided under the applicable laws. To the maximum extent permitted by law, ASA shall not be liable for any loss (including loss of profits or indirect, consequential, special or punitive loss) or damage suffered or incurred by you arising from your use of our Website, or any order for goods.

Limitation of Liability

Where conditions and warranties implied by the applicable laws cannot be excluded, ASA limits its liability where and to the extent it is entitled to do so. Otherwise, neither ASA, nor its affiliates, directors, officers, employees, agents, contractors, successors or assignees will be liable for any damages whatsoever arising out of, or in any way related to, the use of this Website and any third party websites linked to this Website. This limitation applies to direct, indirect, consequential, special, and punitive or other damages You or others may suffer, as well as damages for loss of profits, business interruption or the loss of data or information.

Viruses

ASA cannot guarantee that any file or program available for download and/or execution from or via this Website is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. You assume all risk of use of all programs and files on this Website, and you release ASA entirely of all responsibility for any consequences of its use.

Links to Third Party Websites

This Website may contain links to third party websites, which ASA does not control. ASA is not responsible for the availability of, or any content or material contained in, or obtained through, any such websites. Any link to another website, and reference to third party information, products or services linked to this Website, is not, and should not be construed as, an express or implied endorsement by ASA.  Any questions or comments relating to third party websites should be addressed to the operator or operators of those websites.

Submissions

Any submission made on this Website by way of email, image, comment, feedback or similar information becomes the property of ASA and you agree to assign all intellectual property rights in the submission to us at no charge. You agree that we are under no obligation to keep these confidential other than Your personal information which will be handled as per ASA's privacy policy

Governing Law

This Contract is governed by and must be interpreted in accordance with the laws of New South Wales, Australia and the parties submit to the exclusive jurisdiction of the courts of New South Wales, Australia.

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