WEBSITE TERMS AND CONDITIONS
DATED: THE ___ DAY OF ______________ 20___WEBSITE TERMS AND CONDITIONS
In these terms and conditions, “we” “us” and “our” refers to JC Lane. Your access to and use of all information on this website including purchase of our product/s is provided subject to the following terms and conditions.
We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website
- 1. When you visit our website, we give you a limited licence to access and use our information for personal use.
- 2. You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.
- 3. Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.
- 4. The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.
- 5. You agree never to cause any disruption, modifications or interference with the service and/or its associated software, hardware and servers in any way and agree not to impede or interfere with others use of the Service. You also agree not to alter or tamper with any information or materials on, or associated with JC Lane and or/the service.
Site Down Time
- 6. Every effort is made to keep the website up and running smoothly however down-time of the website may occur at certain times. We will work within reason to restore the website. However, JC Lane takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
- 7. This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, guarantee, support, or sponsorship of the operator of that website nor of the information and/or products which they provide. JC Lane does not have control over the legal documents, privacy practices and anti virus software use of third party websites, as such, you access any such third party websites at your own risk.
- 8. You may link our website with our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our website’s contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.
Intellectual Property Rights
- 9. The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.
- 10. All trade marks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.
- 11. Any comment, feedback, idea or suggestion (called “Comments”) which you provide to us through this website becomes our property. If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.
- 12. If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.
- 13. We strive to ensure that our products are described as accurately as possible on our website; however we do not warrant that the description is accurate. Where we become aware of any misdescription, we reserve the right to correct any error or omission.
- 14. Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product.
- 15. Please be aware that variations in colour and size of precious, semi precious gemstones, silver elements and other jewellery components will occur due to different cuts and formations and as the products are mostly handmade.
- 16. Please not all measurements at JC Lane are approximate and to be used as a guide only
- 17. We endeavour to ensure that our product list is current however we give no undertaking as to the availability of any product advertised on our website.
- 18. All prices are in Australian Dollars (AUD) and are inclusive of GST. We endeavour to ensure that our price list is current. Our prices are listed in our Products page and can be accessed from our home page and we reserve the right to amend our prices at any time. If you have placed an order, we reserve the right to cancel your order should our prices change.
- 19. Packaging and postage is an additional charge, calculated at time of purchase.
- 20. When you order from us, we require you to provide your name, address for delivery, your email address, telephone contact and credit card details. We undertake to take due care with this information; however in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware.
- 21. We undertake to accept or reject your order within 7 days. If we have not responded to you within 7 days, your offer is deemed to be rejected. We are not required to give reasons for rejecting your offer to purchase however the most likely reason for rejecting your offer will be that we do not currently have that product in stock.
- 22. Once you have submitted an order, you may not cancel that order even if our acceptance or rejection of your offer is still pending.
- 23. Delivery of your ordered product/s will be as set out on our FAQ’s page of our website. Title in the goods passes to you when we have received payment. Our terms of payment are also set out on our FAQ’s Page.
- 24. All risk of loss or damage to the goods passes to you when we despatch the goods. At the time of conducting your transaction we give you the option to take out carrier insurance.
Order Cancellation Due To Error
- 25. Where a product has been listed at the incorrect price or with incorrect descriptive information or image due to typographical error or similar oversight, we reserve the right to cancel a transaction. Where your credit card has been charged, we will immediately refund your credit card for the total amount debited.
- 26. We undertake to reimburse you for any product delivered to you that is faulty or is in a damaged condition. If you wish to return a faulty or damaged product, you must notify us through our designated “contact us” web page. The requirements relating to return of such goods are outline in our FAQ’s web page. Our refund /exchange policy does not extend to pieces damaged due to excessive tugging or everyday careless wear and tear.
- 27. We also undertake to exchange or Refund any undamaged product purchased from us so long as it is returned unused, in their original packaging and with proof of purchase within 7 days of purchase. Items returned outside these guidelines will only be subject to credit. A refund will not be possible if the item/items arrive damaged as a result of the original packaging not being used, in these cases the item/s will be returned to you. If undamaged goods are returned to us for exchange, we do not refund any packing and postage charges. Return of undamaged goods for exchange is entirely at your cost and risk. If we are unable at the time of return to replace or exchange returned goods, we undertake to reimburse your credit card for the amount initially debited for the purchase including packaging and postage charges.
- 28. Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.
- 29. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
- 30. We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
- 31. From time to time we may host third party content on our website such as advertisements and endorsements belonging to other traders. Responsibility for the content of such material rests with the owners of that material and we are not responsible for any errors or omissions in such material.
Limitation of Liability
- 32. To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the goods and/or services again or payment of the costs of having those goods and/or services supplied again.
- 33. Some people may experience an allergic reaction to jewellery with the most common one being Nickel allergy. Wherever possible JC Lane will always try to source nickel free components however some of our materials may be from recycled, vintage, antique or from sources not always known and as we use a wide range of suppliers for different metal items it is not always possible to keep track. Therefore it is possible our components may contain some level of nickel which you are unaware of and as such those with nickel allergies or any other allergies to metal alloys should take extreme caution and monitor reaction to new jewellery. JC Lane will not be held liable for any allergic reactions from nickel,other alloys or materials contained in our components as a result of wearing our jewellery or any subsequent emotional, physical or financial loss.
- 34. By accessing our website and/or placing an order and the subsequent use of our product, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.
- 35. If a Force Majeure event causing delay continues for more than 7 days, we may terminate this Agreement by giving at least 7 days Notice to you. “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.
- 36. These terms and conditions are to be governed by and construed in accordance with the laws of Victoria and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in Victoria and you agree to submit to the jurisdiction of those Courts.
- 37. If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
- 38. We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.