Terms & Conditions

Introduction
Welcome to bakalian.com.au and thank you for shopping with us.
These Terms and Conditions govern the use of www.bakalian.com.au (“the website”) and the purchase of any goods from it. The website is owned and operated by BB Designer Jewellers (ABN 79 620 719 428). Should you have any questions, please contact BB Designer Jewellers on 61 2 9557 5030 or 61 2 9261 5030 prior to ordering from this website.

Security
We want you to be able to order from bakalian.com.au with total confidence. As such we have created a secure transaction environment. Our online ordering system uses SSL (Secure Socket Layer) technology – the industry standard for encryption technology. SSL encrypts your credit card and information. Encryption provides you with security and peace of mind when your browser and local network supports the use of encrypted data transmissions.

Shipping
Australia and New Zealand – Free shipping for order over AUD$300 paid in full.
Australia and New Zealand – AUD$15
International – AUD$30

Delivery
BB Designer Jewellers aims to have all product delivered domestically within 3-5 working days. However some products items that are not in stock could take longer. BB Designer Jewellers will notify the purchaser by email or phone when this is the case. Please allow 10-14 working days for delivery of international orders. Please specify when you require a parcel to be delivered on a specified date and we will endeavour to have it there at that time.

PayPal and Credit cards
BB Designer Jewellers utilises PayPal to accept payments. Payments through PayPal can be made using credit card (Visa or Mastercard) or via your PayPal account directly.

Pricing
All prices quoted in the web site are in Australian dollars. Prices quoted are correct at time of printing but are subject to change without notice. All items of antique jewellery offered subject to prior sale.

Acknowledgment and acceptance of Terms and Conditions
Please note that by accessing, using or browsing this website you agree to be bound by its terms, conditions, disclaimers and limitations of liability (“Terms and Conditions”). BB Designer Jewellers reserves the right to amend or update such terms, conditions, disclaimers and limitations of liability at any time without providing notice to you. By using the website, you acknowledge that you have read and understood these Terms and Conditions.

Limitation of Liability
Any liability of BB Designer Jewellers in connection with goods or services supplied to you will, subject to any non-excludable liability for breach of conditions or warranties implied by legislation and to the maximum extent permitted by law, at the election of BB Designer Jewellers be limited to:

  1. in relation to goods, the replacement or repair of the goods, the supply of equivalent goods, the payment of the cost of replacing or repairing the goods or the payment of the cost of obtaining equivalent goods; and
  2. in relation to services, the supplying of the services again or the payment of the cost of having the services supplied again.

Disclaimer
The information contained on the website is provided by BB Designer Jewellers in good faith. To the best of BB Designer Jewellers knowledge, the information is accurate and current. However, BB Designer Jewellers and its related bodies corporate, any of their directors, officers, employees or consultants do not make any representation or warranty as to the accuracy or completeness of the information. To the fullest extent permitted by applicable law, BB Designer Jewellers disclaims all representations and warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose and non-infringement. BB Designer Jewellers makes no warranty that this website, any information or ideas contained on this website or any products or services will meet your requirements.

You expressly acknowledge and agree that BB Designer Jewellers does not control other users of this website, the providers of information or ideas to this website or the suppliers of goods and services purchased from this website, and BB Designer Jewellers is therefore not liable for their opinions or their behaviour, including any information or advice provided by them or any defamatory statements made by them or any offensive conduct on their part. You further acknowledge and agree that, subject to the section dealing with “Limitation of Liability”, BB Designer Jewellers will not be liable to you or any other person for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for product liability, personal injury or negligence resulting from use of goods or services supplied to you, or on behalf of you, through the website. We believe that we have aligned ourselves with excellent delivery partners, but there may be times when, despite their best efforts, parcels are delayed in the delivery process. We will always endeavour to work with our delivery partners to ensure prompt arrival of your gifts.

Copyright
Copyright in the bakalian.com.au website is property of bakalian.com.au Material on this website also comprises copyright material, trademarks and registered trademarks which are the property of Bakalian.com.au and third parties. This property may only be used for the purposes of browsing the bakalian.com.au website and acquiring goods and services of BB Designer Jewellers. BB Designer Jewellers is the owner of all copyright subsisting in this web site. All BB Designer Jewellers designed jewellery depicted in this web site is copyright.

Applicable Law
These Terms and Conditions are governed by the laws in force in New South Wales, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and any courts, which may hear appeals from those courts.

Information Provided by You
If you purchase goods and services from bakalian.com.au or create a membership account with us, we may require you to provide your name, address, email address, credit card number or other details (“customer information”). We may subsequently require further details to enable the processing of any orders that you make. You agree to provide bakalian.com.au with current, complete and accurate customer information when asked to do so by the website or an employee of BB Designer Jewellers.

Virus Warning
All care is taken to ensure that bakalian.com.au websites and data transmissions are free from viruses. However, it is your responsibility to scan any such data for viruses.

Privacy
We treat all customer information in accordance with our Privacy Policy.
Our Privacy Policy constitutes part of these Terms and Conditions:

Privacy Policy
– Customer information will be used only to process your orders and will be protected by our secure server. We would like to assure you that we are not involved in the selling, trading or alternative unauthorised use of personal information.

-We will not provide any direct personal information to any third parties that identifies you as our customer.

-bakalian.com.au may, at times, use your contact information to notify you of important changes to the Bakalian.com.au website or to inform you of special promotions which may be of interest to you.

-If you place an order for goods or services to be provided to a third party (“the recipient”), we will generally not provide any of your customer information to the recipient. If you place an order accompanied by a card bearing your first name, nickname, business or other identifying name, we assume that you are willing to be identified and may disclose your name to the recipient. Please be assured that we will never disclose your credit card, email address or phone contact details.

-All information submitted to and stored on the bakalian.com.au website is protected by state-of-the-art encryption and firewall technology.

-Without limiting the operation of any other Terms and Conditions herein, bakalian.com.au will not be held responsible for any unauthorised use of information gained from email correspondence before it has reached the bakalian.com.au mail server.

-bakalian.com.au reserves the right to pass on any information relating to suspected fraudulent activity to the appropriate authorities.

Membership
A bakalian.com.au member may not have more than one active membership, whether this is by use of name, email address, an alias or combination thereof. If you breach this condition, you may be liable for the recovery of any benefits obtained this way, such as gift vouchers, promotional benefits and the value therein. Membership accounts are non-transferable. You may update, edit or terminate your membership account at any time. You agree to maintain and update the information as supplied by yourself to ensure accuracy at all times. As a bakalian.com.au member, you are responsible for maintaining the confidentiality of your own membership account and password. You agree to take responsibility for all activities that occur under your membership account and password.

Product Information
Prices of goods and services and delivery and other charges displayed on the bakalian.com.au website are current at the time of display. These prices are subject to variation without notice.
We will always attempt to be as accurate as possible with our product descriptions and pricing. However, we are unable to warrant that product descriptions or other content of the website is accurate, complete, reliable, current or error free.

Placing and Accepting Orders
Orders will not be dispatched until payment in full has been received and bakalian.com.au is satisfied with the integrity of the order. Without limiting the operation of any other Terms and Conditions herein, bakalian.com.au is not responsible for any loss or damage caused by late delivery or cancellation of an order or a product. Placement of an order by you constitutes an offer to enter into an agreement with us (“your offer”). We will email you an Order Confirmation for the sole purpose of confirming the details of your offer. Please note that our Order Confirmation does not constitute an acceptance of your offer or reflect the status of your order in any way.

Cancellation by Us
We reserve the right not to provide goods or services, terminate membership accounts, remove or edit content or cancel orders (or part thereof) at our sole discretion at any time. Without limiting the operation of any other Terms and Conditions herein, we will not be held liable for loss or damage arising from the exercising of these rights

Cancellation by You
If you need to cancel an order, please contact us immediately on 61 2 9557 5030 02 61 9261 5030. Our agreement with you only comes into existence once we have both confirmed your order and your payment has been processed. Once we have accepted payment for an order, cancellation of the order is within our sole discretion. Orders that cannot be cancelled will be subject to our terms, conditions and policies relating to Returns and Exchanges.

Delivery
It is your obligation to enter the correct delivery address details at the time of ordering. Should you enter the wrong address, we are not obliged to re-send the order to the correct address at our expense.

We will provide you with an estimated date for delivery of all parcels. While we make every effort to deliver by this time, all dates specified are estimates only. We have aligned ourselves with courier partners who we believe will always do their best to deliver gifts by the estimated delivery date.

It is the responsibility of the customer to inform BB Designer Jewellers if an order does not arrive. Once we learn an order has not arrived by the due date, we will lodge enquiries with the courier to ensure delivery occurs as soon as possible. We will not be held liable for any loss or damage resulting from late delivery.

Please note that if an item has been lost in transit, we will not dispatch a replacement item immediately. Replacement items will be dispatched according to our discretion. As a guide only, our couriers attempt to deliver to business addresses between 9am and 5pm, and to home addresses up until 6pm. Unfortunately, we are unable give a guaranteed time of delivery. You may select the “Recipient to sign for delivery” option when placing an order with us. By doing so, you agree that we have satisfied the condition where a signature has been received from the recipient, appropriate agent or proxy recipient of the order (chosen at the courier partner’s discretion). This includes, but is not limited to, a hotel or office receptionist signing on receipt of delivery at the specified address. You agree that in doing so we have delivered the order within the terms of the agreement between you and us. If you do not select the “Recipient to sign for delivery” option, you agree that when our courier partner is satisfied that the order has been delivered, delivery of the order has taken place within the terms of the agreement between you and us. Without limiting the operation of any other Terms and Conditions herein, we will not accept liability for any loss or damage arising from a late delivery. Without limiting the operation of any other Terms and Conditions herein, you agree that late delivery does not constitute a failure of our agreement, and does not entitle you to cancellation of an order. Without limiting the operation of any other Terms and Conditions herein, we will not accept liability for any loss or damage arising from items lost, stolen or damaged after delivery has taken place.

Returns and Exchanges
You or the recipient of an order may return an item that has been purchased from bakalian.com.au because you have changed your mind or are unhappy with a gift.
If you return goods via an Australia Post Office, please keep the appropriate proof of return. Otherwise, if the returned item goes missing in transit to us, we will deem you not to have returned the item.

It is your responsibility to ensure the goods are adequately packaged to ensure that they are not damaged during return transit. We will not issue a return or exchange unless the product/s are in a saleable condition upon return.
All returned products must be:
1. Unused, unopened and in original condition
2. Undamaged
3. Returned within 14 days of delivery
In the event of a return by you or the recipient of a gift, we will exchange or refund in the form of a BB Designer Jewellers credit note. However, you will pay the delivery costs of the return to BB Designer Jewellers and re-delivery to you. We will not refund initial delivery, wrapping and other fees.
Goods purchased between 20 November and 25 December can be returned until 31 January of the following year.

Goods Damaged or Faulty on Delivery
You may return damaged or faulty goods within 14 days of receipt. If a product is later deemed to be faulty, normal warranty conditions for that product apply. It is the recipient’s responsibility to incur all costs and to follow warranty instructions as stated on the product warranty card as specified by the manufacturer. In the event that you receive a defective or damaged product, we will refund the original product price, delivery, wrapping and other fees via the original method of payment. Alternatively, if you request a replacement, we will despatch your replacement item (subject to availability) once we receive the return, at our cost.

Returns and Refunds of items paid by Gift Vouchers
For gifts purchased using a bakalian.com.au or third party gift voucher (or any part thereof), the amount paid by gift vouchers will be refunded in the form of a bakalian.com.au Gift Voucher, and the remaining amount will be refunded via the original method of payment.
Please note: all products that are found to be non-defective will incur the delivery costs of returning the item to bakalian.com.au
Please allow up to 14 days for refunds to be processed upon our receipt of goods.

Gift Vouchers
Please ensure all BB Designer Jewellers Gift Vouchers are redeemed at the time of ordering. Once the order has been submitted and paid for by means other than a voucher, we are unable to retrospectively redeem a Gift Voucher to offset that cost. All Gift Vouchers are issued with an expiry date as indicated on the voucher itself. Once that Gift Voucher has expired, we are unable to extend the expiry date under any circumstances. It is the Gift Voucher holder’s responsibility to ensure it is redeemed before the expiry date. BB Designer Jewellers Gift Vouchers may not be used to purchase other Gift Vouchers.

Promotions and Competitions
Other Terms and Conditions not listed herein and applying to bakalian.com.au promotions and competitions are incorporated into these terms and conditions. Unless expressly stated, to the extent that the other Terms and Conditions are not incompatible with the Terms and Conditions herein, the other Terms and Conditions will be in addition to the terms & conditions herein. To the extent that the other Terms and Conditions are incompatible with the Terms and Conditions herein, the other Terms and Conditions shall prevail. Should you object to any of these Terms and Conditions (including any subsequent amendments), you must immediately discontinue using this website.

Release and Indemnity
You agree to waive any and all claims that you now have or may have in the future against BB Designer Jewellers which relate to or are incidental to any transaction. You agree to indemnify and hold BB Designer Jewellers harmless from and against any and all claims, loss or expense that may be incurred by BB Designer Jewellers which relate to or are incidental to the performance of its duties as described in these Terms and Conditions including all costs of defending itself against a claim by any other person and/or as a result of you taking any action or refraining from taking any action or instituting or defending any action or legal proceeding. You further agree to indemnify and hold BB Designer Jewellers harmless from any claim made by any third party due to or arising out of your use of this website, the violation of these Terms and Conditions by you, or the infringement by you, or other users of this website using your membership account, of any intellectual property or other right of any person or entity.

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