Shíliú Melbourne Website Trading Terms

1. INTRODUCTION

1.1 Welcome to the Shíliú Melbourne website located at www.shiliumelbourne.com (“Website”) which is owned and operated by Shíliú Jewellery Pty Ltd (ABN 92 639 734 151) (“Company”, “Us”, “We”, “Our”).

1.2 We offer made-to-order stock jewellery pieces (“Product”), and original or re-design bespoke jewellery pieces (“Shíliú Bespoke Piece”) for purchase.

1.3 In order to purchase a Shíliú Bespoke Piece, you must contact the Company for an initial consultation. All orders for Shíliú Bespoke Pieces shall be subject to the Shíliú Melbourne Bespoke Jewellery Agreement.

1.4 Please read these Trading Terms carefully. By accessing and using the Website, you become a user of the Website (“User”, “you”, “your”) and you agree to be bound by these Trading Terms and our Privacy Policy located at www.shiliumelbourne.com here. These Trading Terms constitute a legally binding agreement between you and the Company (“Agreement”).

1.5 This Agreement shall also apply to any purchases made in our showroom for existing Products.

1.6 The Company reserves the right to alter, modify, add to or change in any way, any provision of these Trading Terms and may, in its absolute discretion, limit or expand the services and Products available via the Website, without giving prior notice to its Users. It is your responsibility to check the Trading Terms each time you use the Website.

2. ACCOUNT

2.1. You may create an account on the Website by completing the account sign up process either during checkout or at any time while using the Website (“Account”) which will enable you to save your shipping and contact details and view your Product order history.

2.2. You are solely responsible for maintaining the confidentiality of your Account and your Account password.

3. LISTINGS

3.1. When you view a “Listing” for a Product via the Website, that Listing shall include:

(a) the price of that Product (“Product Price”);

(b) a description of that Product, including what materials are used in that particular Product; and

3.2. The Company makes no guarantee that any Product offered for sale via the Website shall be available, and it reserves its rights to modify or discontinue its Products and/or to change the information contained on the Listing at any time without providing notice to you.

3.3. You agree that any sample displayed in our showroom or other visual representations of a Product contained on the Website is provided for illustrative purposes only and may not be an exact representation of that Product.

4. ORDERS FOR PRODUCTS

4.1. You may order a Product in person at our physical showroom or online in accordance with Clause 4.2 (“Order”).

4.2. To place an Order online, you must complete the “Check Out” process whereby you must:

(a) log in via your Account or continue as a guest;

(b) pay the fees applicable to that Order to the Company, including but not limited to the Product Price and any shipping, transaction and/or other applicable charges which may apply to that Order (“Fees”);

(c) enter and confirm your contact and shipping details (where applicable) or select to collect your Order from our showroom; and

(d) select your preferred delivery option (where applicable).

4.3. Once you complete the Check Out process, you will receive a confirmation by email of your Order (“Order Confirmation”). This Order Confirmation is an acknowledgement of your Order and will not constitute the Company’s acceptance of your Order.

4.4. Should the Company, in its sole discretion, accept your Order, the Company shall send you an email confirming that your Order has been accepted and provide you with an estimate of the delivery timeframe (“Order Acceptance”).

5. PRODUCT USE & DISCLAIMERS

5.1. The Products must be used with care and in accordance with our “Care Instructions” found here.

5.2. To the fullest extent permitted by law (including the Australian Consumer Law), the Company makes no warranty, representation or guarantee as to the suitability of its Products for any particular purpose or your individual circumstance and will not be liable for any loss or damage suffered as a result of incorrect or improper use of its Products, or failure to follow our Care Instructions. For the avoidance of doubt, it is your responsibility to seek professional advice to ensure that the Product is suitable for that purpose including any allergies or irritations you may have to any of the materials used in our Products.

5.3. Our Products may contain white gold rhodium plated to enhance its appearance but is not permanent and will wear off with use. You agree that any wear and tear relating to white gold rhodium does not fall under our Product Warranty set out in Clause 10.

6. PAYMENT

6.1. All Fees payable to the Company may be made via direct debit, Stripe or PayPal (where applicable). The Company is not responsible for any payment of Fees processed (or not processed) and may offer other methods for payment from time to time.

6.2. If the Fees are paid via PayPal, such payment is subject to PayPal’s User Agreement which can be read here: https://www.paypal.com/au/webapps/mpp/ua/useragreement-full?locale.x=en_AU.

6.3. If the Fees are paid via Stripe, such payment is subject to Stripe’s User Agreement which can be read here: https://stripe.com/en-au/checkout/legal.

6.4. In the event that the Company does not receive payment of the Fees in full, the Company has the right, in its sole discretion, to cancel the Order.

7. COLLECTION, DELIVERY & PASSING OF RISK

7.1. Provided that all Fees have been received in full by the Company, the Company will notify you when your Order is ready to be collected or that it has been dispatched in accordance with the shipping details provided by you at Check Out.

7.2. The Company will use its reasonable efforts to meet the expected delivery timeframe, notwithstanding you acknowledge that the Company makes no guarantee of any such timeframe. To the fullest extent permitted by law, the Company will not be liable for any loss or damage arising from any Order delivery delay.

7.3. Upon delivery or collection of the Order, all risk in that Product passes to you. For the avoidance of doubt, the Company shall not be liable to you for any loss, damage, or destruction of a Product once it has been received by or delivered to you.

7.4. Where you collect your Order from our showroom, you agree that you have inspected and accepted the Product in such condition.

8. CANCELLATIONS

8.1. The Company reserves the right to cancel an Order at any time and in its absolute discretion, without prior notice to the Client, including but not limited to the unavailability of a Product or errors on the Website. In this event, the Company shall return the Fee to the Client.

8.2. Provided that you have not received an Order Acceptance, you may make a request to cancel your Order within one (1) business day of receiving the Order Confirmation by contacting the Company at hello@shiliumelbourne.com, and the Company may, in its sole discretion, accept such request.

8.3. If an Order is cancelled under this Clause 8, the Company will notify you and, if applicable, return any Fees paid by you via the original payment method used. The Company makes no guarantee that any Product with respect to a cancelled Order will be available at a later date.

9. REFUNDS, EXCHANGES & CHANGE OF MIND

9.1. If you receive a defective Product, we will either refund you the Fees paid, or exchange or repair that Product without charging you any additional costs. Unfortunately, we do not accept change of mind returns due to health regulations.

9.2. To the fullest extent permitted by law, a Product will not be considered defective under Clause 9.1 if the Product is of an unacceptable quality due to misuse or failure to follow our Care Instructions, using the Product in an abnormal manner or failure to take reasonable care.

9.3. You may make a request to the Company within fourteen (14) days of receiving your Order for an exchange or store credit of the same value, provided that:

(a) The Product is unworn and received by us in its original condition;

(b) You provide to us proof of purchase of your Order and any applicable diamond certificate; and

9.4. If the Company determines that the conditions under this Clause 9 are not met and/or you otherwise have no remedy under the Australian Consumer Law, the Company will either dispose of the Product or return the Product to you at your expense.

10. PRODUCT WARRANTY

10.1. To the fullest extent permitted by law, we will replace or repair faulty or damaged Products where such damage results from our manufacturing or workmanship faults only within the following time frames:

(a) Twelve (12) months warranty from the date of purchase;

(b) Six (6) months warranty from the date of any repair; and

(“Product Warranty”).

10.2. For avoidance of doubt, our Product Warranty does not cover issues relating to your failure to follow our Care Instructions, misuse, neglect, repairs or alterations performed by third parties, theft or general wear and tear.

10.3. Any costs for replacements or repairs outside the timeframe or other conditions contained in this Clause 10 shall be at your own expense.

10.4. Our Product Warranty is subject to you returning the applicable Product in its original condition and providing proof of purchase and any applicable diamond certificate.

10.5. To the fullest extent permitted by law, the Company, in its sole discretion, shall determine your eligibility and the type of remedy for your Product (if any) under our Product Warranty.

11. TERMINATION & SUSPENSION

11.1. If the Company determines that you are in breach of this Agreement, the Company, in its sole discretion and without notice, has the right to limit access, suspend or terminate your Account and/or refuse or limit any and all current or future use of your Account and/or the Website. Such suspension or termination shall not release you of any obligations existing at the time your Account is suspended or terminated. In addition to terminating the Agreement, the Company will be regarded as discharged from any further obligations under this Agreement and may pursue any additional or alternative remedies provided by law.

11.2. You have the right to terminate or suspend your Account via your Account’s page or by contacting the Company.

11.3. If your Account is terminated, suspended or otherwise limited, any Orders placed but not yet accepted shall be cancelled.

11.4. The following sections of these Trading Terms will survive termination: Collection, Delivery & Passing of Risk; Refunds, Exchanges & Change of Mind; Termination & Suspension; Product Warranty; Product Use & Disclaimers; Intellectual Property Rights; User Conduct; User Warranties;Indemnity; No Warranties and Limitation of Liability; Governing Law and Jurisdiction; and Entire Agreement.

12. INTELLECTUAL PROPERTY RIGHTS

12.1. Except for third party data or as otherwise stated, all other parts of the Website are owned or controlled by the Company or third parties that have authorised such use, including but not limited to our Product designs, trade marks, text, graphics, photographs, logos, underlying software, footage, sound recordings, musical works, videos, user interfaces, computer code, and other files and content of the Website (“Company Materials”).

12.2. All rights are reserved. The Company Materials shall not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part other than in accordance with these Trading Terms, without the prior written consent of the Company.

12.3. The Company is the sole owner of all intellectual property in its Products and you must not copy, reproduce or adopt the designs embodied in any Products for any use, including but not limited to developing your own products.

13. USER CONDUCT

13.1. As a User, you must not (and must not allow any third party to):

(a) use the Website in any manner that could damage, disable, overburden, or impair the Website;

(b) attempt to gain unauthorised access to any parts of the Website;

(d) use any robot, spider, scraper or other automated means to gain unauthorised access without express written permission from the Company;

(e) analyse, reverse engineer, attempt to replicate the underlying ideas, algorithms, and source code of the Website; and/or

(f) transmit any viruses, worms, defects, Trojan horses, malware or other computer programming that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system or data of the Website.

13.2. The Company reserves the right to disable any unauthorised links or frames and disclaims any responsibility for the content available on any third-party website or application which is linked to or from the Website.

14. USER WARRANTIES

14.1. AS A USER, YOU WARRANT TO THE COMPANY AS FOLLOWS:

(a) THAT ALL DATA UPLOADED TO THE WEBSITE IS CURRENT, TRUE AND ACCURATE AND DOES NOT CONTAIN ANY VIRUSES, TRACKING SOFTWARE OR OTHER PROGRAMMING ALGORITHMS THAT INTERFERE WITH THE COMPANY’S PRIVACY, DATA OR COMPUTER SYSTEMS;

(b) IF YOU ARE USING THE WEBSITE OR AGREEING TO THESE TRADING TERMS ON BEHALF OF ANOTHER PERSON OR ENTITY, INCLUDING BUT NOT LIMITED TO A COMPANY OR OTHER ORGANISATION, YOU REPRESENT AND WARRANT THAT YOU HAVE THE POWER AND AUTHORITY TO BIND SUCH PERSON OR ENTITY TO THE TERMS OF THIS AGREEMENT; AND

(c) TO THE FULLEST EXTENT PERMITTED BY LAW (INCLUDING AUSTRALIAN CONSUMER LAW), THE COMPANY WILL NOT BE IN ANY WAY LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO THE LOSS OF MONEY, GOODWILL, REPUTATION OR DATA ARISING FROM YOUR USE OF THE WEBSITE AND/OR ANY OF ITS PRODUCTS.

15. INDEMNITY

15.1. You indemnify the Company and its officers, directors, employees and licensors against any and all costs, loss or damage suffered or may incur by reason of any third party data imported into the Website, the access and use of the Website and/or any breach or alleged breach of this Agreement by you.

15.2. Should the Company, in its sole discretion, determine that you have breached these Trading Terms, then nothing herein shall prevent or in any way restrict its right to pursue any of its legal and/or other remedies, including, without limitation, court action.

16. NO WARRANTIES AND LIMITATION OF LIABILITY

16.1. To the fullest extent permitted by law (including the Australian Consumer Law), the Website is provided on an "as is" basis and without representations or warranties of any kind to you, whether express or implied, including without limitation as to the quality and/or fitness of the Website for a particular use, accessibility or warranties that access to or use of the Website will be uninterrupted or error-free. The Company does not represent that the Website will be secure or free of viruses or other harmful material or elements, or that any Company Materials will be correct, accurate, timely or complete.

16.2. The Company may direct you to third-party websites, and is not responsible for the content, the accuracy of the information and any products or services available on such third-party websites and/or for any damage of any kind arising from your access or use of such third-party websites.

16.3. To the fullest extent permitted by law (including the Australian Consumer Law), the Company has no liability for consequential loss, loss of profit (actual or anticipated) or for other damages of any kind, however caused, arising in any way out of or in connection with the use of the Website and/or any of its Products, including but not limited to any changes, errors and/or misrepresentations made via the Website, the lack of access to any part of the Website or third party provided to the Company, the termination or suspension of the Account, and/or any modification or discontinuance of any Products.

17. ASSIGNMENT

17.1. You acknowledge that this Agreement is personal to it and you cannot be assigned, transferred, sold or otherwise disposed of without the prior consent in writing of the Company. The Company reserves its right to assign the provisions of this Agreement at any time.

18. GOVERNING LAW AND JURISDICTION

18.1. These Trading Terms and the access and use of the Website shall be governed by and construed in accordance with the laws of Victoria, Australia. By accessing and using the Website, you accept that any dispute under these Trading Terms or arising out of access and/or use of the Website shall be subject to the jurisdiction of the Victorian Courts in Australia and by accessing and/or using the Website, you hereby submit to the jurisdiction of such courts for such purposes.

18.2. You are solely responsible for compliance with any applicable laws of the State, Territory or Country from which you access the Website.

19. ENTIRE AGREEMENT

19.1. This Agreement shall constitute the entire agreement and understanding between you and the Company concerning the subject matter hereof and supersedes all prior agreements and understanding of you and the Company with respect thereto.

19.2. If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.

Shíliú Melbourne Website Trading Terms

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