These terms and conditions supersede all previous terms and conditions.
Whitakers Jewellers reserve the right to change these terms and conditions at any time.
Price and payment
Prices are in AUD$ (Australian Dollars) and include GST (Goods and Services Tax).
The risk of accidental loss or deterioration of the Goods shall be transferred to the customer upon delivery.
Warranty terms are prescribed by the Australian Consumer Law. The benefits to the consumer given by the warranty are in addition to other rights and remedies of the consumer under a law in relation to the Goods or Services to which the warranty relates.
The Goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or a refund for a major failure and for compensation for any other reason for seeable loss or damage. You are also entitled to have the Goods repaired or replaced if the Goods fail to be of acceptable quality and the failure does not amount to a major failure. The consumer will bear the expense of claiming the warranties.
For more information about your rights as a consumer, see the Australian Consumer Law website at www.consumerlaw.gov.au.
If you wish to return an item because you have changed your mind about a purchase or are unhappy with a gift, Whitakers Jewellers will offer you a store credit voucher provided that:
You return the item within 14 days of purchase;
You produce your original Whitaker Jewellers receipt;
The item is in a “resalable condition”.
The resalable condition requires that:
It is in the original packaging, including instruction manuals and all accessory’s;
It is unworn, unopened, unused and in its original condition;
The product is not one on which a change of mind return is not available (see below).
Whitakers Jewellers will not accept the return of items offered for sale at a discounted price during discount sale promotions, or where the item is offered for sale at a fixed discount price ticket in the store display, under the change of mind returns policy under any circumstances. Any jewellery that pierces the skin (such as earrings) cannot be exchanged as regulated by the NSW Health Department.
Whitakers Jewellers will accept product returns and provide you with a repair, credit voucher,
or refund where:
The product is faulty or is not of merchantable quality and cannot be repaired under the manufacturer’s warranty supplied at the time of purchase; or
The product is not fit for its intended purpose; or 026650
The product does not match our sample or description; or
You can present your Whitakers receipt or other adequate proof of purchase.
If you cannot produce your Whitakers Jewellers receipt or other acceptable proof of purchase Whitakers Jewellers reserves the right to not offer a refund or exchange.
Limitation of liability
Whitakers Jewellers shall not be liable in any way whatsoever to the customer for any claim or loss sustained or incurred by the customer or any other party in consequence of or resulting directly or indirectly out of the supply, performance or use of any the Goods or by any third party or out of any breach, default, fault or negligence of Whitakers Jewellers or its servants or agents in or in connection with these Terms and Conditions or otherwise.
The customer shall indemnify and keep indemnified and hold Whitakers Jewellers harmless from and against all liabilities, losses, damages, costs or expenses incurred or suffered by Whitakers Jewellers, and from and against all actions, proceedings, claims or demands made against Whitakers Jewellers as a result of the customer’s failure to comply with this contract, any laws, rules, standards or regulations applicable in relation to the Goods or the use of the Goods
Whitakers Jewellers may, in its absolute discretion and to approved purchasers, re-purchase your solitaire diamond purchased from Whitakers Jewellers at 100% of the original purchase price, strictly on condition that the diamond is in a resalable condition and you purchase a new diamond which is not less than twice the original purchase price. Colour gemstones and other Goods are excluded from the 100% trade-up offer.
Whitakers Jewellers will, in its absolute discretion and to approved purchasers, offer the following lay-by conditions:
Minimum deposit of 20% required at commencement of lay-by.
All purchases must be finalised within 3 months, otherwise, Goods will be returned to stock.
Additional payments are to be made fortnightly.
At any time during the three (3) month period, the customer can cancel the lay-by.
In the event of cancellation by the customer, or termination by Whitakers Jewellers following the customer’s failure to comply with the above conditions, the Goods will be returned to stock and a $50 cancellation fee deducted from the deposit.
A minimum deposit of 50% is required for any item that is specifically ordered or manufactured. The cancellation of a lay-by item specifically ordered or manufactured will incur a cancellation fee of 50% of the purchase price.
If a lay-by is cancelled, the balance of any monies due will be refunded using your original payment method or by cheque from our head office, which will be decided at the discretion of Whitakers Jewellers.
These terms are covered by the law in force in the state of NSW, Australia and the parties are to submit to the non-exclusive jurisdiction of the Courts of NSW. If any of these terms are held by any court to be invalid, the remaining terms will remain in full force and effect.