Welcome to the Harveys Jewellers website. This website is owned and managed by Harveys Jewellers (ABN 12 148 029 517).

These Terms & Conditions apply to the use of the Harveys Jewellers website by browsers and prospective purchasers of products that feature in this website. They exist in order to protect the interests of all users of this website.

1. ACCEPTANCE OF TERMS & CONDITIONS

By viewing and/or interacting with pages which comprise, and/or by purchasing products which feature in the Harveys Jewellers website, you accept and agree to be bound by these Terms & Conditions.

2. AMENDMENTS TO TERMS & CONDITIONS

Harveys Jewellers may amend these Terms & Conditions at any time by uploading amended/substitute terms or conditions on its determination without issuing any prior notice. Substitute/amended terms or conditions will take effect immediately upon being uploaded into the Harveys Jewellers website and will supersede those pre-existing terms/conditions that they reflect immediately upon being uploaded.

It is the responsibility of each individual user to ensure that they read and understand the latest version/edition of these Terms & Conditions at any given time. By viewing or interacting with the Harveys Jewellers website after replacement/amended terms or conditions have been uploaded, you agree to be bound by any amended or new terms/conditions introduced since you last used this website.

3. INTELLECTUAL PROPERTY

The software which underpins the design and functionality of the Harveys Jewellers website is the intellectual property of Harveys Jewellers/Big Commerce. All intellectual property rights surrounding content in the Harveys Jewellers website which Harveys Jewellers originated are owned by Harveys Jewellers.

No element of the Harveys Jewellers website may be reproduced or published in any medium elsewhere without the prior consent of Harveys Jewellers.

4. BINDING SALE

A binding sale transaction for any product featured in the Harveys Jewellers website will be established between you and Harveys Jewellers only when your submitted order and payment is accepted by Harveys Jewellers.

Acceptance of a customer's order and payment is established as soon as the payment is successfully processed, which results in the payment amount being deposited into Harveys Jewellers account. Accepted orders may not be retracted. By placing an order, you warrant that you are legally entitled to enter into the sale transaction and are doing so honestly/truthfully.

5. GIFT VOUCHERS

Until further notice, Harveys Jewellers online gift vouchers can only be purchased on the Harveys Jewellers website and redeemed as a customer payment online only. No other gift vouchers are able to be utilised as a payment option in relation to any product that is purchased from the Harveys Jewellers website.

Showcase Jewellers Gift Vouchers purchased cannot be redeemed online as a customer payment option in relation to any product that is purchased from this website.

6. ONLINE CUSTOMER PAYMENT OPTIONS

Harveys Jewellers offers the following payment options:

- Visa;

- Mastercard;

- PayPal;

If a customer chooses to pay for their ordered product online via Harveys Jewellers website, then their credit/debit card or PayPal payment will be processed by the relevant electronic payment gateway (i.e. either the Commonwealth Bank online payment gateway or the PayPal online payment gateway).

7. CURRENCY CONVERSION

If a customer selects a currency in the Harveys Jewellers website other than AU$, then the customer views the details pertaining to any given product in this website, they will see the relevant AU$ price, plus the equivalent price of the given product expressed in the currency which they selected.

This converted price is connected to a currency convertor which refreshes exchange rates in real time. At the time a customer checks-out and pays for their product, the payment is made (settled) in AU$.

8. WEBSITE ACCESSIBILITY

Harveys Jewellers has measures in place to ensure that the Harveys Jewellers website remains accessible by all authorised users as close to 100% of the time as possible.

However, neither Harveys Jewellers nor the contracted company which hosts the Harveys Jewellers website on its servers, is responsible or liable whatsoever in the event that this website becomes unavailable or inaccessible for any user at any time for any length of time for any reason.

Furthermore, Harveys Jewellers nor the IT company that Harveys jewellers contracts to host the Harveys Jewellers website, is responsible or liable whatsoever for any corruption or loss of data, or the transmission of viruses, which may arise from an event that is outside the control of any of these parties - including: virus attacks, undermining of the software by hackers, power outage or surge, or any other event which compromises either the hardware and/or software that governs the operation of the Harveys Jewellers website.

9. CUSTOMERS ENQUIRIES

Customers have the choice of communicating electronically with Harveys Jewellers website using a Contract/Enquiry Form.

All communication sent by a customer using a website Contract/Enquiry Form is sent to Harveys Jewellers as an email, and we aim to do our utmost to respond to your enquiry (no matter what the nature of your enquiry is) within 24 hours of receipt. However, emails forwarded over the weekend will not be responded to until the Monday after.

10. CUSTOMER COMPLAINTS AND/OR CLAIMS UNDER GUARANTEE/WARRANTY

Because it is the responsibility of Harveys Jewellers to see any given product displayed in the Harveys Jewellers website to a customer to meet all legislative requirements relating to the sale of goods to end consumers (including all fair trading expectations), complaints or claims in relation to products which have been purchased via the Harveys Jewellers website must be raised and addressed with Harveys Jewellers.

It is the responsibility of Harveys Jewellers to provide the necessary remedies/solutions (i.e. replacement, repair, exchange, or refund) to resolve legitimate customer claims under guarantee/warranty under provision of Australian Consumer Law. Where a refund is determined to be the best resolve to a returned product situation, the customer may receive a refund up to the full purchase value of the product. Note: any freight costs incurred are non-refundable.

11. PURCHASER MINIMUM AGE REQUIREMENT

Before you can purchase any product from the Harveys Jewellers website, you must be at least 18 years of age.

12. REPRESENTATION OF FACTUAL/TRUTHFUL INFORMATION

Harveys Jewellers is responsible for ensuring that the information which they present is factual and truthful. Similarly, when a customer is asked to provide certain information when enquiring/requesting information and/or purchasing a product featured in the Harveys Jewellers website, the you (as a customer) arrange that:

(a) All information supplied by you will be true and accurate in every respect at the time you submit it; and

(b) You will not supply any false/pseudo identity in an attempt to mislead or deceive the information recipient; and

(c) Upon becoming registered as a customer on the Harveys Jewellers website, you will be responsible for ensuring that your Customer Profile reflects current details at all times. Harveys Jewellers are not responsible or liable whatsoever for sending a purchased product to a destination which in fact is no longer a customers valid delivery address.

13. RIGHT OF USE OF THE HARVEYS JEWELLERS WEBSITE

Your use of the Harveys Jewellers website is subject to ongoing review and authorisation by Harveys Jewellers. Harveys Jewellers reserves the right to either temporarily or permanently suspend your use of this website, at any time without providing an explanation.

Without restricting the circumstances which may cause Harveys Jewellers to take such action, Harveys Jewellers may suspend/prevent your use of this website if:

- you commit any breach of these Terms & Conditions;

- you commit (or attempt to commit) any crime in the course of you using the Harveys Jewellers website.

- Harveys Jewellers receives complaints made against you in relation to your use of this website, which Harveys Jewellers deems to be of such a nature and/or severity that they justify banning you from using this website.

- you are bankrupt or insolvent.

14. SECURITY OF INFORMATION

Any username or password which Harveys Jewellers assigns to you or which you generate yourself within the Harveys Jewellers website, is your sole responsibility (as the customer) to keep confidential. Harveys Jewellers personnel are not responsible or liable for the consequences of any situation which unfolds due to you choosing to share your login details with another person - or inadvertently or otherwise disclosing your login details to another person.

You agree not to allow any other person to use your Username or Password, or provide or disclose your Username or Password to any other person.

Any information which you supply to Harveys Jewellers via the Harveys Jewellers website, remains your information whilst in our care. Should you wish to have some/all of this information returned to you at any stage, upon receiving your written request for this to happen, Harveys Jewellers will action your request immediately and your details will be removed from all relevant databases as a result. You are entitled to view your details at any time, and as a registered customer you can view, edit, and delete your details in your customer dashboard.

If you register to be become a Harveys Jewellers VIP Member, Harveys Jewellers will store the details that you provide when you set-up your customer dashboard. This information will be used by Harveys Jewellers to communicate with you (product offers, announcements, rewards and similar), until such time that you advise that you no longer wish to receive Harveys Jewellers communication of this nature. At any time, you can choose to tell us that you do not wish to receive such communications (i.e. unsubscribe) - and this request will be obliged within 24-72 hours and without question. Harveys Jewellers will not provide the details that you supply to us when registering to become a Harveys Jewellers customer, to any other party without your prior consent.

At the time of checking-out, should you provide credit or debit card details when paying for a product that you added to your online Shopping Bag, these details will only be used to process that particular payment. Your card details will not be stored by Harveys Jewellers for further purchase occasions.

15. ACCEPTABLE PRODUCT DELIVERY ADDRESSES

Where a customer chooses to have their purchased product couriered to a specific delivery address, such an address must be a street address at which an inhabited building is located.

The recipient must be in attendance in the building at the nominated delivery street address at the time the freight company arrives to deliver the product, in order for the freight company to hand over the product to the rightful recipient. In all cases, the freight company will not release the product to the recipient until it has been signed for. It is in the best interests of the purchaser and recipient if the recipient confirmed by the purchaser in the order is the person who signs for the delivered product - not someone else on their behalf.

See Delivery Terms for further information specifically related to the delivery of products.

16. COUNTRIES WHICH HARVEYS JEWELLERS WILL SHIP PURCHASERS TO

Harveys Jewellers will accept website product orders from customers in the following countries:

- Australia

The above list of countries also represents the range of countries that Harveys Jewellers may consider freighting purchased products to – irrespective of whether the recipient is the purchaser or not.

17. PRODUCTS SOLD TO CUSTOMERS WHO LIVE OUTSIDE THE COUNTRY IN WHICH THE SELLER IS LOCATED

Products sold from Harveys Jewellers website to customers who reside in countries other than the country in which the Harveys Jewellers is located, may incur either taxation costs and/or customs charges (e.g. Duty) upon the purchased product arriving in their country.

These costs may not be known by Harveys Jewellers at the time of freighting the purchased product to the specified recipient address, and it is the responsibility of the purchaser and/or the recipient to enquire with the relevant authorities in their country to learn what these costs may be.

Where a product featured on the Harveys Jewellers website is purchased by a customer who resides in a country other than the country in which Harveys Jewellers is located, the price payable by such purchasers to Harveys Jewellers is the GST exclusive price.

18. USE OF THE HARVEYS JEWELLERS WEBSITE

All users of the Harveys Jewellers website must interact with it in accordance with the instructions and guidelines published throughout this website.

You must not attempt to undermine, compromise, or disable the Harveys Jewellers website, or any software system/structure underlying it in any way.

Sale transactions and all other activities which you engage in as a customer on the Harveys Jewellers website, are conducted entirely at your own risk.

19. FORCE MAJEURE

In the event of any of the terms of the contract being rendered impossible of performance by the seller, due to any condition or conditions beyond its control, for example industrial disputes, wars or similar, such non-performance shall not be considered a breach of contract. If such conditions exist in excess of thirty days, the seller may terminate the contract by giving notice to the buyer.

20. HYPERLINKS TO OTHER SITES

By installing links to other websites on the Harveys Jewellers website, this does not suggest that any of these linked sites are endorsed/advocated/supported/recommenced by Harveys Jewellers.

Harveys Jewellers personnel has no responsibility for managing the content or functioning of these linked sites, and therefore have no responsibility or liability for any loss or damage suffered by a customer as a consequence of customers interacting with (including acting on information found in) these linked sites.

21. PRICING TERMS USED BY HARVEYS JEWELLERS WEBSITE

A considerable amount of care and thought has been applied to ensure that the pricing options shown in the Harveys Jewellers website reflect fair trade practices in Australia.

a) Comparative Pricing

“Was/Now” prices are expressed in the Harveys Jewellers website as respectively:

- “Usual retail price” and

- “Buy Now Special Offer”.

The “usual retail price” of a product is the price at which the product is commonly sold at by Harveys Jewellers. The “Buy Now Special Offer” is the price that the seller is willing to sell the product at; a price which is below the “usual retail price”. Either price may not necessarily be the lowest price the item has been offered for or sold at.

Such offers are only available for a limited time and/or in limited quantities and/or special conditions may apply.

b) Single Pricing

“Price”

A product that has been uploaded onto Harveys Jewellers website without its “usual retail price” being discounted will display a price that is simply qualified as “price”.

22. DEFINITIONS:

“Harveys Jewellers website” means the website found at www.harveysjewellers.com.au.

“You” and “Your” means the end customer – a person who views pages and/or buys products on the Harveys Jewellers website.

“Legislative” refers to the legislation which governs the sale of products and services by business to the end consumer in Australia.

“Warranty” means the seller warrants that all goods are of merchantable quality and free from defect for a period of twelve months, unless any defect has been disclosed by the seller to the buyer and is an agreed Condition of Sale. The seller warrants that a longer warranty period may be required under provisions of the Australian Consumer Law.

“Enforcement” means the Contract of Sale between the seller and buyer shall be deemed entered into in the State of New South Wales Australia and shall be construed, enforced and performed in accordance with the laws applicable in this State.