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These terms and conditions apply to the use of this website, including the purchase of goods and/or services using this website. By using this website for these or any other purposes, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the website. These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of this website.
1. Definitions and interpretation
Business Day means a day on which the trading banks generally are open in Brisbane but excluding Saturdays, Sundays and public holidays;
GST means GST as that term is defined in GST Law, and any interest, penalties, fines or expenses relating to such GST;
GST Law means, where the context requires or permits, the A New Tax System (Goods and Services Tax) Act 1999 (Cth) and/or associated Commonwealth legislation, regulations and publicly-available rulings;
2. Amendments to terms and conditions
We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon the inclusion of such amendments within the version of these terms and conditions on this website. Your continued use of the website following such amendment will be deemed your acceptance of an agreement to be bound by the terms and conditions as amended.
3. Your account and password
3.1 We may provide you with an account login (including a username and password) to verify your identity when you use this website. You must ensure that your account details are complete and accurate when submitted to us, that the information that you have given is true and correct, and you must keep your account details up-to-date. You agree to not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
3.2 Your username and password are personal to you and you must at all times keep your username and password secure and confidential and not disclose them to any third party.
3.3 You agree that you are solely responsible for any use of the website by any person using your username and password (including any purchases made via the website). You agree to release and indemnify Michael Hill in relation to any claims, loss or liability arising out of the unauthorised use of your username or password (including any failure to keep your username or password secure and confidential).
3.4 You agree to notify us immediately by email to email@example.com of any unauthorised use of your account or any other breach of security.
4.1 The price payable by you for orders accepted by us shall be the price quoted on this website for the relevant goods at the time your order is submitted (subject always to section 7 below, in relation to incorrect prices), together with the applicable delivery fees (which are payable in addition to the price of the goods). Except where specifically stated in relation to a particular good, the prices for the goods are stated and are payable in Australian dollars (AUD).
4.2 You shall pay for your orders by credit card or Paypal™ using the online transactions facilities provided at www.michaelhill.com.au or by authorising Michael Hill to charge your payment card account for the total price of the goods ordered and the applicable delivery fees at the time the goods are dispatched.
4.3 If there is a problem with your payment (for example, if your payment card transaction is declined), we may contact you to make alternative payment arrangements. You will be liable for all debt collection costs where you fail to make payment for any order when payment is due.
4.4 We may vary any prices on this website at any time without notice to you.
5. Availability, Cancellation and Rejection of Orders
5.1 All orders are subject to the availability of goods. We may reject or cancel any order due to unavailability of any good. If for any reason a good is not available, we will endeavour to notify the non-availability on this website. We may revise the range of goods or the specification of any good at any time (save and except for where we have confirmed our acceptance of your order) without notice to you.
5.2 Where any good is listed on this website with an incorrect price or with incorrect information, we reserve the right to reject or cancel your order (regardless of whether you have made payment for that order). You acknowledge and agree that we have no obligation to sell any good either online or in-store where that good is listed with an incorrect price or with incorrect information. Where you have already made payment for an order that is subsequently rejected or cancelled by us, we will refund the full amount paid by you in relation to that order.
5.3 You may cancel your order any time prior to the time that we send our confirmation of acceptance for that order. Once we have sent our confirmation of acceptance for your order, you may not cancel that order.
6. Delivery and delivery fees
6.1 Goods purchased online from this website are eligible for delivery to addresses Australia only.
6.2 The applicable delivery fees are clearly displayed in your local currency at the time of purchase.
6.3 Once we have confirmed our acceptance of your order, we will endeavour to dispatch your order within 3 Business Days unless a different timeframe is specified in relation to a particular good. If we are unable to dispatch your order within this time frame we will endeavour to contact you and advise you of the expected dispatch date.
6.4 You may specify delivery instructions for your order (for example, you may authorise the courier to leave the goods in a specified location if you will not be at the delivery address). We will not be responsible or liable for anything that happens to any order that is delivered in accordance with your delivery instructions.
6.5 Although we will endeavour to meet delivery timeframes where possible, all delivery timeframes are estimates only and we will not be liable for any loss, expense, or other damage caused by any delay in delivery.
6.6 We retain ownership and title of the goods we supply to you until we have received the full price for the goods and the applicable delivery charges. Once your order has been delivered to you (or has otherwise been delivered in accordance with your delivery instructions), as evidenced by confirmation provided to us by Australia Post, you assume full responsibility for and risk in the goods.