Terms and Conditions
Terms & Conditions
GENERAL INFORMATION
We recommend due to the personal nature of your inclusions that when posting them to us you pay for tracking.
By doing so you may monitor your package at all times and reduce the chance of lost mail.
In the event that your inclusions are lost in the post, we ask that you send further inclusions.
BMJ is not liable for any losses which may result from the non-delivery of your inclusions.
If you have made an incorrect selection for your order please contact us as soon within 24 hours.
If the making of your order has not commenced, we may be able to accommodate the change.
In line with our terms and conditions below, we do not provide refunds for incorrect selections or change of mind.
Upon completion of your order and postage, you will receive a confirmation email which includes a tracking number, this will come from Australia post, we can not be held responsible for Australia post if they have a technical error and the tracking is not provided.
Your tracking number will be emailed to you upon completion of your final design.
TERMS & CONDITIONS
INTERPRETATION
In these Terms & Conditions:
ACL means the Australian Consumer Law set out in a Schedule to the Competition and
Consumer Act 2010 (Cth);
BMJ means Breast Milk Jewellery;
Consumer Guarantee has the meaning given to that term in the Competition and Consumer Act 2010 (Cth);
Customer means the person or entity ordering the Goods, as shown on the invoice, purchase order or other document evidencing an order for Goods;
Goods means those products listed on an invoice and/or sold by BMJ to the Buyer from time to time;
GST means the goods and services tax levied under the GST Act;
GST Act means the A New Tax System (Goods and Services Tax) Act 1999 (Cth) as amended.
APPLICATION
These Terms & Conditions apply to all sales of Goods by BMJ to the Customer unless expressly waived or varied by BMJ in writing.
These Terms & Conditions prevail over any conditions on the Customer’s order to the extent of any inconsistency.
Each order of Goods by the Customer and each payment made by the Customer to BMJ represents the Customer’s unequivocal and irrevocable acceptance that these Term’s & Conditions apply as a legally binding contract between BMJ and the Customer.
PRICE
The order of precedence for determining the price of the Goods shall be:
the price shown on BMJ’s invoice;
BMJ’s current ruling price at the date of delivery; and
any quotation is given by BMJ.
BMJ makes no warranty that the price of Goods at the date of delivery shall be the same as
at the date of order or quotation. If the Customer requests or agrees to variations, the Customer must pay the cost of such variations (as assessed by BMJ) in addition to the price.
Prices quoted do not include freight or delivery.
Unless specifically stated, all prices quoted exclude GST.
LAY-BY
BMJ may, but is not obliged to, supply the Customer with the Goods on lay-by which does not require payment in full at the time of purchase.
At checkout, BMJ requires a 30% down payment of the Goods you wish to lay-by.
BMJ offers the remaining price of the Goods on lay-by over 1, 2, or 3 monthly instalments.
BMJ does not craft your item until your lay-by is completed. Similarly, your purchase is not delivered until after the final instalment is paid in full. BMJ, therefore, asks that you do not send your inclusions before the completion of your lay-by.
Postage of a Customer’s inclusions prior to completing payment may result in the return of the inclusions.
BMJ applies a 1.9% administration fee on lay-by purchases.
If you wish to cancel your lay-by BMJ applies a termination fee equal to half of the lay-by amount. This termination fee is charged in order to cover the initial costs required to hand-craft jewellery. The remaining half of the lay-by will be returned to the Customer after the termination fee has been paid.
BMJ may withdraw, suspend or vary the conditions of your lay-by at any time.
The Customer warrants and acknowledges that:
the Customer has read and understood this clause; and
that the Customer can pay its lay-by instalments as and when they fall due.
PAYMENT
Notwithstanding any prior arrangement with the Customer, BMJ reserves the right to require full payment before commencing manufacture of and/or ordering inputs and/or setting aside the Goods.
Once full payment has been received BMJ must receive your inclusions within 3 months.
Failure to receive your inclusions with 3 months of you placing your order will result in the forfeiture of your order and payment.
PAYPAL CHECK OUT
PayPal orders must be shipped to the address entered on the PayPal payment gateway, this over rides any address entered on the website order, If you wish to change your address, please contact PalPal or organise mail redirection.
DELIVERY
The current completion and delivery time for orders is 13 to 16 weeks from the time that the inclusions arrive into the studio, not from the time of order placed.
Wait times can vary and a more realistic wait time for the current flow of work is displayed in the banner at the top of the website.
If the send inclusions are received in poor condition, BMJ reserve the right to request another sample to be posted, this may alter the wait times for the order while BMJ awaits a more suitable sample of inclusions.
Delivery times are estimates only and BMJ will not be liable for any loss, damage or delay to the Customer (or its customers) arising from late delivery or non-delivery.
For the purpose of these Terms & Conditions, Goods will be deemed to have been delivered when delivered into the possession of a carrier engaged by BMJ to deliver the Goods to the Customer.
BMJ is not responsible to the Customer or any other person claiming through the Customer for any loss or damage to Goods in transit.
ACCEPTANCE
The customer may not make any claim in respect of the Goods unless the Goods are defective and the Customer provides written notice of any alleged defect to BMJ (defect notice) within seven (7) days of delivery.
If the Customer fails to give a defect notice in accordance with this clause, then subject to
any non-excludable condition implied by law, the Goods shall be deemed to have been accepted by the Customer.
All of our items at BMJ are handmade by our artisans and may have slight variations of flaws and/or imperfections as the materials used can vary in colour and outcome of both or either shade, finish or visual appearance.
BMJ will not accept returns for imperfections less than 1.5mm in appearance as this is considered a perfect imperfection of handmade and is within the ACCC variation of acceptable quality.
These flaws/imperfections makes every piece unique to its kind and no piece will ever be identically
If BMJ accepts a defect notice, the Customer must permit BMJ to have access to the item for the purpose of attending to any agreed remedial work.
BMJ does not refund the Customer for not being unhappy with the end result of the visual art outcome, as BMJ is a artist based business and handmade, outcomes may vary from customers expectation and BMJ's end result, in accordance to ACCC and the laws on hand made items, this is not a reason for refund.
BMJ will provide full refund upon return of item for spelling mistakes in engraving or names included in jewellery.
CANCELLATION OF ORDERS
No order may be cancelled without the consent of BMJ and is at the absolute discretion of BMJ.
RETURN
Except as required under any applicable law, BMJ is not obliged to accept the return of any Goods, and will only do so on terms agreed in writing.
BMJ is not responsible for the postage cost of returned items.
REFUND
Given the Goods are handcrafted and contain materials that are personal to the Customer and provided by them refunds are not provided, if the Goods are faulty or contain a manufacturing defect, BMJ will offer a repair.
Variations in colour or texture do not constitute a defect. The Customer acknowledges that photos and other material on the BMJ website are indicative only and that the Goods may differ.
If a refund is considered, it will be given minus the preserving fee of $85 as this is a service provided to complete the preservation service for the keepsake.
Breastmilk and moon cycle sent to BMJ remains the sole property of BMJ and will not be posted back to the customer under any circumstances, all other inclusions excluding breastmilk and moon cycle remains the property of the client.
TITLE
Title to Goods does not pass to the Customer until payment in full is received by BMJ from the Customer.
ENTIRE AGREEMENT:
These Terms & Conditions contain the entire agreement between the parties and supersede all previous agreements concluded between the parties. Each order and invoice (or delivery slip) shall constitute a binding and enforceable contract between BMJ and the Customer on the terms set out in these Terms & Conditions.
Any attempt by the Customer to impose any variation or additional terms inconsistent with these Terms & Conditions shall not bind BMJ.
RISK
Risk in the Goods passes to the Customer upon delivery or pickup of the Goods.
WARRANTIES
Except as expressly set out, BMJ makes no express warranties or other representations under these Terms & Conditions.
REPAIRS
Free repairs for all gold customers for the first three months after receiving your item, with the exception of prong breakage and replacement of stones, stones lost due to prong breakage will not be covered in the free repairs and will be invoiced accordingly on a case by case basis
Customer is responsible for the postage cost of any repairs returned the Ballarat Studio.
Breakage of prongs are not covered under warranty as this is only possible with the snagging of the prong, this is not a manufacturer fault.
Please have your prongs assessed by a us from time to time to avoid loosening of prongs resulting in loss of stones.
All item that are plated are not covered in our terms and conditions as plating life span is dependant highly on the personal wear and tear of the client, all plated items are sold to our clients with the assumption that the client understands that plated item will and do require upkeep in the form of re plating in the future.
Re plating will incur a cost of no less than $75 and is dependant to the size of the item being plated.
Re plating can be expected to take from 3 - 6 weeks.
Repairs after the three month warranty period will be charged at a rate determined by the Jewellery or artist working on your item and will be invoiced for immediate payment before work on repair will commence.
Customer is responsible for the postage of any repairs returned to both the Ballarat and Melbourne Studio, BMJ will not cover post outside the three month warranty
CONSUMER GUARANTEES
Nothing in these Terms & Conditions purports to modify or exclude the Consumer
Guarantees, or any other right available to the Buyer under the Competition and Consumer Act 2010 (Cth) (including the ACL).
Except as expressly set out, BMJ makes no express warranties or other representations
under these Terms & Conditions.
LIMITATION
BMJ’s liability in respect of the Consumer Guarantees and any other warranties is limited to the fullest extent permitted by law.
To the extent permitted by statute, the Consumer Guarantees and any other warranties or representations are void if the Customer or any other person:
attempts to modify, reverse engineer, decompile, create other works or products from, or disassemble any part of the information contained in or extrapolated or executed from the Goods;
interferes with, alters or removes any packaging or labelling of any of the Goods;
causes or permits any contamination of the Goods; or
fails to comply with manufacturer’s instructions in relation to the use, application, storage and integrity of the Goods (including specifications and installation guidelines set out in any product manual).
To the extent permitted by law, the liability of BMJ from the failure of any Goods to comply with the Consumer Guarantees or any other warranty or condition implied by law shall be limited to (at BMJ’s option):
the replacement or resupply of the Goods;
the cost of replacement or resupply of the Goods;
the repair of the Goods; or
the cost of the repair of the Goods.
JURISDICTION
These Terms & Conditions are to be interpreted in accordance with the Acts of the State of Victoria Australia, and the parties submit to the jurisdiction of the Courts of that State.
GENERAL
Force Majeure: The Customer releases BMJ from any claim, liability or responsibility
concerning late delivery or failure to deliver Goods if this is due to strike, lockout, riot, industrial action, fire, storm, tempest, act of God, material shortage, government law or regulation or requirement or any other cause beyond the control of BMJ and no such failure shall entitle the Customer to cancel and order or withhold payment.
Dispute Resolution: If a dispute arises out of, or in any way in connection with, or otherwise relates to the supply of Goods, these Terms & Conditions or the breach, termination, validity or subject matter thereof, or as to any related claim at law, in equity or pursuant to any statute, the parties agree that they must not commence proceedings (other than for urgent interlocutory relief) in respect of such dispute until the parties first meet in good faith and use their best endeavours to resolve the dispute to their mutual satisfaction.
Variation: BMJ may vary these Terms & Conditions from time to time, by notice in writing to the Customer.
These terms and conditions have been professionally provided by our solicitor and are in accordance to the relevant legal requirements put upon us by ACCC
provided by:
Toby Permezel
Heinz & Partners
T: (03) 5331 2966 | F: (03) 5331 7657 | www.heinzlaw.com.au
6 Dawson Street North, Ballarat Victoria 3350 | P.O. Box 722 Ballarat 3353 | DX 35047, Ballarat
Liability limited by a scheme approved under Professional Standards Legislation.