TERMS & CONDITIONS
i. This website and its contents (“website”) is owned and operated by Designer Mens Rings Pty Ltd [A.B.N. 19 600 543 128] (Trading as “Designer Mens Rings”). By accessing or using the website or by purchasing goods via this website, you agree to accept and comply with these Terms and Conditions.
ii. These Terms and Conditions apply to goods and services purchased through any Designer Mens Rings store as well as govern the use of this website.
iii. Designer Mens Rings reserves the right to amend these Terms and Conditions at any time without notice.
b. Applicable Law
i. These Terms and Conditions are governed by and to be construed in accordance with the laws of Queensland, Australia. You irrevocably and unconditionally agree to submit to the exclusive jurisdiction of the courts of Queensland, Australia. In the event that any provision of the Terms and Conditions is held to be invalid, illegal or unenforceable, that provision must to the extent of the invalidity, illegality or unenforceability be ignored and all the other provisions of the Terms and Conditions will remain in full force and effect.
ii. Designer Mens Rings makes no representation that the content of the website complies with the laws of any country outside Australia.
iii. All rights not expressly granted herein are reserved.
c. Links to 3rd Party websites
i. Designer Mens Rings assumes no responsibility and accepts no liability for the terms and condition or content of third party web sites that may be linked to or accessed from the website. Except as Designer Mens Rings may specifically direct otherwise, Designer Mens Rings does not authorise the content of those third party web sites. The website may also contain third party advertisements which contain embedded hyperlinks to websites operated by third parties. The placement of third party advertisements on this website does not necessarily constitute the recommendation or endorsement of Designer Mens Rings for such goods or services.
ii. Third party advertisers or content providers are solely responsible to you for any representations or offers made by them, and for any goods or services which you agree to purchase from those third parties.
d. Internet Security.
i. Any access to the internet can expose you to the risk of computer viruses, malicious computer code and other forms of interference and you acknowledge that you will adopt your own safeguards to ensure that you minimize your risk of damage to your computer, systems or data.
ii. We do not warranty that use of this website will not expose you to risks of this nature.
e. Competitions and Promotions
i. Certain parts of the website may contain competitions or promotions from Designer Mens Rings or third parties. The terms and conditions for those competitions and promotions will be specified on the relevant part of the website from time to time. By entering or participating in the relevant competition or promotion you agree to be bound by the relevant terms and conditions. Notwithstanding any specific terms and conditions, Designer Mens Rings specifically retains 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.
f. Disclaimer and liability
i. This website is provided on an “as is” basis. Designer Mens Rings has used its best endeavours to ensure that the information contained on and accessed through the website is correct and current at the time of publication.
ii. Designer Mens Rings does not accept any liability for our failure to comply with any of these terms and conditions due to circumstances that are beyond our reasonable control.
iii. To the fullest extent permissible by law, Designer Mens Rings, its affiliated companies and their respective directors, officers, employees, agents and contractors:
- Do not make any representation, warranty or endorsement of any kind, express or implied, as to the operation of the website, your access to the website or results of your access, or the information, content, materials or products on the website; and
- Do not warrant that the functions on the website will be uninterrupted or error-free, that any defects will be corrected or that the server which stores and transmits content to you is free of viruses or other harmful components.
- Subject to any non-excludable liability for breach of conditions or warranties implied by legislation and to the maximum extent permitted by law, under no circumstances (including but not limited to any act or omission on the part of Designer Mens Rings, its affiliated companies or their respective directors, employees, agents and contractors) will Designer Mens Rings, its affiliated companies or their respective directors, officers, employees, agents or contractors accept liability for any indirect, incidental, special and/or consequential damages or loss of profits resulting from any use or access, or any inability to use or access the website.
i. You agree to indemnify and keep indemnified Designer Mens Rings, its affiliated companies and their directors, officers, employees, agents and contractors (“those indemnified”) in respect of any claim, liability, loss, damage, cost (including legal cost) or expense which those indemnified may suffer or incur as a direct or indirect result of your willful or negligent act or omission with respect to your use of the website (or any part of it) or the violation of these Terms and Conditions by you, or the infringement by you, of any intellectual property or other right of any person or entity.
h. Intellectual Property & Restrictions On Use Of Content
i. The website is subject to copyright under Australian law and, under international treaties, and the laws of many other countries. The website contains trademarks, intellectual property and copyright protected works which is owned by Designer Mens Rings, and third parties. Except for the direct purpose of viewing, accessing or interacting with the website for your own personal use or as otherwise indicated on the website or these Terms and Conditions, you must not copy, reproduce, communicate to the public, adapt, print, display, publish, transfer, distribute, store or create derivatives of any of the contents of the website, or incorporate any part of the website into another website without Designer Mens Rings’s express consent.
i. Ownership of Submissions
ii. You further warrant that the content of any submission made will not infringe the intellectual property of any third party.
iii. We reserve the right to store any submission made and will do so if there is any legal requirement to do so.
j. Termination and Cancellation
i. Designer Mens Rings reserves the right in its sole discretion to revise the content of, amend links from, or withdraw access to the website, at any time without notice. Any amendments to these Terms and Conditions placed on this website will come into effect immediately and your continued use of the website will constitute agreement to the new Terms and Conditions as amended. Without limiting the operation of any other Terms and Conditions herein, Designer Mens Rings will not be held liable for loss or damage arising from the exercising of these rights. Any indemnities given by you and limitations on Designer Mens Rings’s liability will survive such termination or cancellation.
i. Designer Mens Rings acknowledges and respects the privacy of individuals. This policy sets out the way in which we will use, manage and protect your personal information in accordance with the National Privacy Principles and all relevant privacy legislation protecting the rights of individuals.
b. How Do We Collect Information?
i. Designer Mens Rings may collect personal information from you including your name, address, telephone number and email address when you knowingly provide us with information, including when you create an account on this website or when you sign up to the Designer Mens Rings email newsletter.
ii. If you are an account holder on the website, Designer Mens Rings may also collect certain details pertaining to your activity as an account holder, such as purchases made, discounts applied, events attended and offers redeemed.
c. How Do We Use Information?
i. Designer Mens Rings may have access to, and use the personal information that you submit to us and that we collect via your activity on this website, your purchase activity in store and via this website and process that information to provide and improve our services. Designer Mens Rings may disclose this information to its affiliated companies both in Australia and overseas. Designer Mens Rings may disclose this information to its suppliers, contractors or agents for the purpose of providing the goods and services that you have ordered and/or requested. Designer Mens Rings may also now and again send you offers or information on goods or services that Designer Mens Rings considers will be of interest to you. Designer Mens Rings may also allow that information to be given to third parties for a similar purpose unless you have clearly indicated that this is not to occur.
ii. Personal information that you submit to us including your name, address, telephone number, email address and other information you may provide, may be disclosed to a third party:
a) to meet the purpose for which it was submitted; or
b) for the purpose of processing and delivering your request; or
c) we have your consent to share the information; or
d) if we are required or authorized by law to disclose the information; or
e) if your personal information is collected in connection with a joint promoter, to that joint promoter for marketing and research purposes.
d. Access, Accuracy and Security:
i. Designer Mens Rings will take reasonable steps to ensure that the personal information we collect is accurate, complete and up-to-date.
ii. You can access and request correction of any personal information concerning you at any time on the website. Account holders can access and update their details via the “My Account” section of the website.
iii. You may also request that we delete your personal information at any time. Any such requests should be made directly by emailing us at email@example.com.
iv. Designer Mens Rings will take reasonable steps to protect personal information from misuse, loss and unauthorized access, modification or disclosure.
e. Sensitive Information:-
i. Designer Mens Rings will not collect use or disclose sensitive information (such as information about racial or ethnic origins or political or religious beliefs) except with your specific consent or in the circumstances permitted in the Australian Privacy legislation.
f. Click-stream Data
i. Each time you visit the website our server collects some anonymous information, known as click-stream data, including the type of browser and system you are using; the address of the site you have come from and move to after your visit; the date and time of your visit; and your server’s IP address.
ii. Designer Mens Rings may collect this information for statistical purposes to find out how the website is used and navigated, including the number of hits, the frequency and duration of visits and the most popular session times. We may use this information to evaluate and improve our website performance.
i. A “Cookie” is a piece of information that our web server may send to your machine when you visit our website. The Cookie is stored on your machine, but does not identify you or give us any information about your computer.
ii. A Cookie helps us to recognise you when you re-visit our Website and to co-ordinate your access to different pages on the website. With most Internet Browsers, you can erase Cookies from your computer hard drive, block all Cookies, or receive a warning before a Cookie is stored. If you want to do this, refer to your browser instructions or help screen to learn more.
h. Links to other sites
i. Designer Mens Rings may provide links to other sites. If you use these links, you will leave our website and we are not responsible for any of these sites, their content or their usage of your personal information.
ii. We advise that you check the privacy policies on those sites.
i. Contact us
i. Please contact us on firstname.lastname@example.org if you wish to discuss any privacy issues, or if you do not wish to receive any future communications from Designer Mens Rings.
3. Goods and Services Representation
a. Designer Mens Rings will take all reasonable steps to ensure that all product descriptions and specifications contained on this website are technically accurate.
b. Whilst every reasonable care has been taken to ensure that product images shown on this website are an accurate representation of the actual product the very nature of imaging product and reproducing those images on a website means that we cannot warrant the accuracy of these representations and product may appear larger or smaller than actual sizes and colours may vary.
c. Whilst we will take all reasonable steps to ensure that all product advertised on this website is available we cannot guarantee the availability of any product.
d. All goods and services offered for sale on this website comply with Australian law but we do not warrant that they will comply to the laws of any other country.
4. Online Purchasing
a. Goods and services offered for sale on this website are available for shipment or delivery within Australia and internationally.
b. All purchases of goods and services made on this website must be paid for in full at the time of purchase. Lay-by and finance offer sales are not available on this website.
c. Payment for goods and services purchased on this website may be made only via Visa or Mastercard credit cards and are made via SecurePay payment gateway. The PayPal payment system is also available.
d. Whilst we make every effort to ensure the security of your payment through the payment gateway you acknowledge that no transmissions over the internet can be guaranteed as totally secure and therefore you use your credit card to make payments for good services on this website entirely at your own risk.
e. All prices shown on this website are in Australian dollars and inclusive of GST.
f. International orders attract a delivery fee.
g. All international orders are subject to duties, taxes and fees as determined by their local government. The customer is responsible for all duties and taxes.
5. Shipping of Goods Purchased Online
a. Goods purchased on this website will be delivered free where the order value is $150 or greater. All orders under $150 will incur a flat fee of $15.00 per order. All orders are delivered via the Australia Post tracked delivery system.
b. Available goods will generally be dispatched within 3 business days from the date of purchase and delivered within 5 business days of the date of purchase although no guarantee can be given on the delivery date of goods purchased on this website.
c. Title in the goods purchased will pass to the purchaser upon dispatch from our distribution centre. Transit insurance is provided up to $5,000 provided Australia Post records corroborate that the item was lost whilst in transit.
d. Upon dispatch of the goods from our distribution centre the purchaser will receive an email from Australia Post with the shipment details and a link to the Australia Post e-Parcel tracking system from where the purchaser can monitor the progress of the delivery.
e. Where payment confirmation information received from Financial Intermediaries is insufficient to verify the payment details, Designer Mens Rings will contact the purchaser and discuss other payment options including shipping through Australia Post on a Cash On Delivery basis.
6. Non-Warranty Returns
a. This returns policy is governed by the laws of Queensland, Australia.
b. Merchandise purchased via the Designer Mens Rings website may be returned within 30 days of the date of purchase for a full refund, goods of equivalent value or a Designer Mens Rings gift card of equivalent value. The additional time provided for on-line purchases is to allow for delivery delays.
c. Any merchandise returned must be in new and saleable condition and accompanied by the original sales receipt and original packaging.
d. For security purposes, returns of merchandise purchased via the website, must be registered on-line. It is necessary to first email customer service team (email@example.com) who will liaise with you to complete and submit an on-line application form.
e. Customised merchandise or merchandise purchased through special orders will not be eligible for return. Refer to conditions of sale provided at time of order.
f. Merchandise purchased on the Designer Mens Rings online store may be returned via secure post to Designer Mens Rings at PO Box 5689, West End QLD 4101. There is no value limit for returns for items returned in this manner provided all of the conditions stated in clause 6b,c,d,e,f are met.
g. Merchandise purchased on the Designer Mens Rings online store for $1000 or under and returned in saleable condition for an immediate full refund, goods of equivalent value or a Designer Mens Rings Gift Card of equivalent value.
h. Merchandise purchased on the Designer Mens Rings online store with a purchase price of over $1000 and returned to our Brisbane Head Office for assessment before a full refund or a Designer Mens Rings Gift Card of equivalent value can be arranged.
i. For merchandise purchased on the Designer Mens Rings online store and returned to Head Office for a full refund or a Designer Mens Rings gift card of equivalent value. You should allow up to 3 weeks from receipt of your goods at our Head Office before you receive your full refund or the gift card to be despatched. You will be notified via email once this has been processed.
j. Any refunds will be processed to the credit card used for the original purchase.
7. Warranty and Extended Guarantee Returns
a. Our product comes with guarantees that cannot be excluded under Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonable loss or damage. You are entitled to have the goods repaired if the goods fail to be of acceptable quality and does not amount to major failure.
b. In addition, Designer Mens Rings offers an automatic Standard Guarantee of twelve months from the date of purchase on all jewellery against defects in material and/or workmanship. The Standard twelve month Guarantee excludes all watches and giftware. Such items are covered by the manufacturer’s guarantee or warranty. The Standard Guarantee covers jewellery purchased via the website. Designer Mens Rings offers an automatic Lifetime Guarantee from the date of purchase on all tungsten rings against defects in material and/or workmanship.
c. Any defects in material and/or workmanship that become evident during the Standard Guarantee validity period will be remedied by Designer Mens Rings. The form of remedy will be at the sole option of Designer Mens Rings and will be limited to repair, replacement or refund.
d. In order to claim a remedy under the Standard Guarantee or Lifetime Guarantee the goods must be returned for assessment and accompanied by the original purchase receipt.
e. The Standard Guarantee and Lifetime Guarantee does not include the following to the extent they are permitted in the relevant legislation;
i. Damage due to ordinary wear and tear,
ii. Damage due to misuse, accident, alteration, substitution or abuse,
iii. Repairs and alterations performed by someone other than Designer Mens Rings,
iv. Theft, disappearance or loss (including loss of gem stones), and
v. Any type of use causing damage or deterioration.
f. Designer Mens Rings reserves the right to judge whether the jewellery has been subject to any of the above mentioned exclusions.
g. White gold and some silver jewellery is rhodium plated to enhance its appearance. This rhodium plating can wear off during normal wear and tear. Accordingly any rhodium plating is excluded from the Standard Guarantee and Lifetime Guarantee.
h. When jewellery is repaired under guarantee or warranty, only the remaining term of the original Standard Guarantee will continue to apply. When jewellery is replaced under guarantee or warranty, the new item of jewellery will automatically come with a new Standard Guarantee of twelve months from the date of replacement.