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TERMS

Cerrone.com.au is owned and operated by Cerrone. As you access, browse and use our network you agree to all the Terms and Conditions contained herein, and agree that you acknowledge and understand them.

As a valued customer of our web site do please ensure that you read these Terms and Conditions prior to ordering any of the goods both the use of this sit. If you require clarification of the meaning of any of these Terms and Conditions, contact Cerrone on + 612 9569 8922 prior to ordering any goods or products.

Acceptance of the Terms and Conditions

The Cerrone.com.au web site is owned and operated by Cerrone ("Cerrone"). To use or access, use or browse this site you must be over eighteen (18) years of age. As such, by accessing, using or browsing this site, you acknowledge and agree to the terms and conditions, as well as any relevant disclaimers contained herein. Further, by continuing you acknowledge that you have read and understood these Terms and Conditions Cerrone reserves the right to change any or all of the information contained herein at any time and you should constantly check current terms and conditions.

Cerrone Lay-By terms + Conditions

By placing a lay-by Order (Order) with Cerrone Jewellers Pty Ltd ABN 39 002 319 753 (Cerrone), you acknowledge and undertake that you have read, understood and agree to comply with and be bound by the terms and conditions of this agreement (General Terms + Conditions). For the purposes of these General Terms + Conditions, references to "you", "Consumer" or to the "Customer" are references to the person placing an Order for jewellery), goods and or services (Goods), and references to "we" "our” or "us" are references to Cerrone.

1. Application

These General Terms + Conditions apply to all Orders placed with Cerrone from 14 February 2015.

2. Ordering

2.1 You can order in person, online or by phone, facsimile or mail as set out below. Details of Goods on offer by Cerrone including prices and the Goods contained in them are available online at our website and in our yearly Cerrone Catalogue (Catalogue), a copy of which is also available to download from our website (or order one by phone +61 2 9569 8922).

2.2 Bespoke and other types of Goods can be ordered at any time. Orders are not accepted until Cerrone confirms the Order by notice in writing.

3. How to place an Order

3.1 For the purposes of these General Terms + Conditions, a reference to the "Order Form" is a reference to the Order Form available to download from our website. The terms and conditions set out in the Order Form are incorporated by reference into and form part of these General Terms + Conditions. By placing an Order with Cerrone, you acknowledge and undertake that you have read, understood and agree to comply with and be bound by the terms and conditions set out in the Order Form in addition to those set out in these General Terms + Conditions.

3.2 Online: To Order Goods online please visit our website, and follow the easy prompts. Phone: To Order a by phone, please call +61 2 9569 8922. Facsimile or Mail: Please download the Order Form from our website and fax your completed Order Form to +61 2 9550 9770 or post it to Cerrone,  House of Cerrone 13-19 Catherine

Street, Leichhardt NSW 2040 Australia.

4. Pricing and GST

All prices for Goods (including packaging and delivery) are inclusive of GST.

5. Payment Details

5.1 Goods are paid for by weekly, fortnightly or monthly instalments as agreed with us. We will confirm the weekly, fortnightly or monthly instalment amount when you place your Order so that you will have paid for your Goods in full by an agreed date (Final Payment Date). The calculation depends upon the date you place your Order and any changes made to your Order before the Final Payment Date. The weekly, fortnightly or monthly instalment may change in accordance with these General Terms + Conditions or if you change your Order or Order additional Goods at a later date.

5.2 Payments must be made by credit/debit card (we accept Visa or MasterCard), direct debit, cash, bank cheque or by money Order and you authorize us to charge the instalmentpayments as well as any other payments you are required to pay under these General Terms + Conditions as they become due. Once you place your Order, your first payment date will be arranged. We will confirm your first payment date and amount by mail, email or SMS. If you are a weekly payment Customer then we will debit or deduct each instalment payment each week thereafter from your nominated account. If you are a fortnightly payment Customer then we will debit or deduct each instalment payment each fortnight thereafter from your nominated account. If you are a monthly payment Customer then we will debit or deduct each instalment payment each month thereafter from your nominated account.

5.3 If your payment day falls on a day that is a Public Holiday or a Public Holiday weekend in Sydney, New South Wales, Australia, or in the State or Territory where you reside (as notified to us at the time you place your Order with us), we will collect that payment on the last business day before the public holiday.

5.4 If you need to change payment dates, increase your payments, or make one-off payments, please call +61 2 9569 8922 during business hours by no later than Midday (Sydney time) on the business day immediately before the payment is due.

6. Direct Debit Request (DDR)

6.1 If you would like to pay by direct debit and we don’t already have your direct debit details, you will need to complete a Direct Debit Request (DDR) to allow payments to be automatically deducted from your bank account.

6.2 By providing us with a DDR, you are authorising Cerrone to debit your payments from your chosen account.

6.3 By providing us with a DDR, you acknowledge and undertake that you have read, understood and agree to comply with and be bound by the terms and conditions of the DDR Service Agreement, a copy of which is at the end of these General Terms + Conditions.

7. Credit Cards (including Debit Cards)

As we incur a merchant service fee on all credit card transactions by the bank, we may apply a fee of 3% for AMEX and 3.5% for Diner for every payment made by credit/debit cards.

8. Missed payments/rejected payments

8.1 If we debit or deduct a payment from your nominated account or credit/debit card and it is rejected or fails to clear on the due date, or a cheque fails to clear on the due date, we will add an administration fee to your account.

8.2 If a debit or deduction fails to clear on the due date or is rejected, we will automatically recalculate your payment plan and will automatically resubmit the debit or deduction on your following scheduled payment date unless you notify us prior or you make alternative arrangements in relation to payment of the installment payments.

8.3 If a resubmitted debit or deduction (whether for one or two or more payment instalments) fails to clear on the due date or is rejected, or we cannot collect payments from you on at least two (2) consecutive occasions, we will contact you by telephone, letter or SMS (provided you have given us a mobile telephone contact number) to resolve your payment issues. In the event that we cannot contact you, or we do not receive a response from you within 5 business days of us sending you a letter, we reserve the right to suspend your Order until you contact us. You have the right to cancel your Order and receive a refund of all monies paid subject to reasonable costs being deducted and our cancellation policy. All refunds will be paid within 7 days into a bank account nominated by you subject to our reasonable costs being deducted and our cancellation policy.

8.4 You are solely responsible for ensuring that your bank account / credit / debit card details are up to date and accurate. If your details change it is your responsibility to immediately notify us so that you avoid administration fees. You may change your bank account / credit / debit card details by calling us on [insert number] during business hours. It is your sole responsibility to ensure that there are sufficient funds available in your account to allow a debit payment to be made in accordance with the DDR, or available credit on your credit card to allow all payment installments to be made.

8.5 If there are insufficient funds in your account to meet a debit payment or credit available to you from your financial institution:

(a) You may be charged a fee and/or interest by your financial institution;

(b) As the financial institution charges Cerrone, you will incur fees or charges imposed or incurred by us. Cerrone fees and charges are non-refundable in the event of cancellation; and

(c) You must arrange for the debit payment or credit payment to be made by another method or arrange for sufficient clear funds to be in your account by an agreed time so that we can process the payment.

8.6 You should check your account statement to verify that the amounts debited from your account are correct.

9. Changing your Order

If you would like to add to your Order, you may do so by calling +61 2 9569 8922. If Goods are added to your existing Order, your instalment payments will be recalculated so all payments will be made by the Final Payment Date.

10. Cancelling your ORDER

10.1 You may cancel your Order at any time up to the Delivery Date, a reasonable cancellation fee will be applicable and charged by us to cover our reasonable costs associated with the Order, which we will set-off or deduct from any refund payable to you.

10.2 If you are unable to manage your payments for any reason, please contact us on +61 2 9569 8922 as soon as possible to discuss the options available to you.

10.3 You can cancel an Order by calling us on +61 2 9569 8922. You must confirm your cancellation request in writing. Refunds (where applicable) will be issued 14 days after receipt of your written confirmation of cancellation of your Goods Order. Please note, fees and charges may apply as follows.

10.4 Cancellation by us:  We may in writing cancel an Order or delivery of an Order without liability to you (save as required by relevant laws) if:

(a) you fail to pay any amount for the Goods on the due date;

(b) we are no longer trading; or

(c) the Goods are no longer available.

11. Cancellation Fees

11.1 You may cancel your Order at any time prior to delivery, subject to payment of a cancellation fee. If you cancel your Order, other than for a breach by us of these General Terms + Conditions, you will receive a refund of all monies paid by you after we deduct a cancellation fee (if applicable). You must pay to us (if required by us in our absolute discretion) any and all costs reasonably incurred by us in relation to the cancelled Order or the cancelled part of the Order to the date of cancellation. If the monies already paid by you do not cover the applicable cancellation fee, we can recover the outstanding amount as a debt.

11.2 Due to our commitments to suppliers, if you decide to cancel your Order, a cancellation fee applies as follows:

11.3 Cooling Off Period: Cerrone allows you to cancel your Order within 1 day of your original Order confirmation, with no cancellation fee.

11.4 After the cooling off period, the following cancellation fees will apply:

(a) Prior to the second payment: A cancellation fee of 60% of monies paid to date.

(b) Prior to third payment date: A cancellation fee of 75% of monies paid to date.

(c) Prior to fourth payment date: A cancellation fee of 85% of the monies paid.

12. Delivery/Collection

12.1 We will arrange for you to collect the Goods in store once full payment for the Goods has been received by us, at a date agreed with you.

13. Exclusions + Limitation of Liability

13.1 Nothing in these Terms + Conditions are intended to have the effect of contracting out of any applicable provisions of the Competition and Consumer Act 2010 or the Fair Trading Act 1987 (including any substitute to those Acts or any re-enactment thereof), except to the extent permitted by those Acts where applicable.

13.2 Without limiting your rights at law and except as provided elsewhere in these Terms + Conditions, all express and implied warranties, guarantees and conditions under statute or general law as to merchantability, description, quality, suitability or fitness of the Goods for any purpose or as to design, assembly, installation, materials or workmanship or otherwise are expressly excluded to the extent permitted by law.

13.3 We will not be liable for:

(a) loss or damage caused by factors beyond our control;

(b) any Goods that have not been maintained according to maintenance or care instructions;

(c) any alterations or repairs to the Goods not performed by us or with our prior written consent;

(d) damage or failure caused by unusual or non-recommended use, misuse or application of the Goods;

(e) defects or depreciation caused by wear and tear, accidents, corrosion, dampness or other abnormal conditions or effects; or

(f) damage or defects caused to the Goods due to unusual, non-recommended or negligent use of the Goods.

13.4 Indirect loss:  We will not be liable for any special, indirect, consequential or economic loss or damage or loss of profits (in contract or tort or arising from any other cause of action) suffered by you or any other person resulting from any act or omission by us (including breach, termination or non-observance of the terms of an Order or agreement which incorporates these General Terms + Conditions).

13.5 No reliance:  You acknowledge and agree that:

(a) you have and will make your own assessment of the fitness for purpose and suitability of any Goods supplied to you; and

(b) you do not and will not rely on our skill or judgment nor that of any person by whom any prior negotiations or arrangements in relation to the acquisition of any Goods were conducted or have been or will be made.

13.6 Third party work:  If we obtain goods or services from a third party in order to carry out your instructions or complete an Order:

(a) we will not be liable for any breach of these General Terms + Conditions if that breach is as a result of or is connected with the supply by a third party of such goods or services;

(b) we acquire such goods or services as agent for you not as principal and will have no liability to you in relation to the supply of these goods or services;

(c) any claim by you in relation to the supply of such goods or services must be made directly against that third party; and

(d) you must pay for such goods or services from the third party plus the cost of or relevant fee for us performing such services as agent for you (whether separately identified or not).  You do not require us to account to you for any commissions or benefits we may receive from such a third party supplier in connection with the supply of such goods or services to you and authorise us to contract on your behalf as we think fit.

13.7 We give no warranty in respect of any goods or services that are supplied or carried out or provided to you by a third party even where forming part of an Order.  Any warranties, statutory guarantees or other rights will be governed by the terms of supply by that provider to you and relevant laws.

14. Intellectual Property

14.1 All of our intellectual property rights in and relating to the production, development and supply of the Goods remains our property and shall not be transferred, assigned, licensed, reproduced, disclosed or otherwise given to any other person by you.

14.2 Where we have designed, drawn or written wiring topology, produced pictorial shorts or schematic diagrams for you, then the copyright in those plans, designs and documents shall remain vested in us, and shall only be used by you at our discretion.

14.3 You warrant that all designs or instructions you send to us will not cause us to infringe any patent, registered design or trademark in the execution of your order and you agree to indemnify and keep us indemnified in respect of all damages, losses, costs and expenses (including legal costs) that we may incur as a result of any such infringement.

14.4 You agree that we may use any documents, designs, drawings or Goods created by us for the purposes of advertising, marketing, or entry into any competition.

14.5 Confidentiality: You shall keep confidential and shall not use any confidential information communicated by us to you without our prior written consent.

15. Privacy

Information collected for the purposes of an Order and delivery of Goods will be treated in accordance with our Privacy Policy which can be viewed on our website.

16. Currency

All amounts referred to in this agreement are in Australian dollars.

17. General

17.1 Indemnity: You agree to indemnify and keep us indemnified in respect of all damages, losses, costs and expenses (including legal costs) that we may incur as a result of your breach or alleged breach of these General Terms + Conditions.

17.2 Binding:  These General Terms + Conditions shall bind our successors, administrators and permitted assigns and your executors and permitted assigns, or, being a company, its successors, administrators and permitted assigns.

17.3 Assignment:  We may without notice to you assign, transfer and/or sub-contract our rights and/or obligations (in whole or in part) under these General Terms + Conditions.  You may not assign, transfer, hold on trust or otherwise delegate any of your rights or obligations under these General Terms + Conditions without our prior written consent.

17.4 New Terms + Conditions:  If we adopt new terms and conditions for the sale of Goods you will be given written notice (if you are a Customer at the relevant time), and, unless otherwise agreed, they will apply to the supply of Goods after you accept such new terms and conditions.

17.5 Variation:  We may vary these General Terms + Conditions by providing you written notice.

17.6 Force Majeure:  If a Force Majeure Event occurs, we may:

(a) totally or partially suspend any Order during any period in which we may be prevented or hindered from delivering by our normal means of supply or delivery due to that Force Majeure Event; and

(b) elect to extend at our discretion the period for performance of an obligation under these General Terms + Conditions as is reasonable in all the circumstances.

17.7 Severability:  Each clause in these General Terms + Conditions is severable and if any clause is held to be illegal or unenforceable, then the remaining clauses will remain in full force and effect.

17.8 Waiver:  No failure, delay, relation or indulgence on our part in exercising any power, right or remedy precludes any other or further exercise of that or any other power, right or remedy.

17.9 Governing law:  These Terms + Conditions shall be governed by the laws of the New South Wales and the parties irrevocably submit to the non-exclusive jurisdiction of the Courts of the New South Wales.

Pricing

The prices that appear on this web site are quoted in Australian dollars and are valid and effective only in Australia. The price, if affected, will include the GST, Cerrone takes no responsibility or liability for the accuracy of any such price as it applies to any particular purchase.

Prohibitions

Please ensure you do not knowingly transmit any material that may contain a virus or other harmful component. Only individuals who can make legally binding contracts may purchase goods and services from this site. These products and services are not available to anyone under the age of 18 years old. Cerrone cannot guarantee that it will notice or be able to prevent any illegal or inappropriate use of this web site, nor can Cerrone guarantee that it will give notice of any illegal or inappropriate use of this web site.

Advertising, Hyperlinks and Offers

The site may have third party advertisements, referral buttons and other pointers to websites operated by third parties. Cerrone has no control over these sites and is therefore not responsible for any materials and contents linked to our website. Cerrone does not endorse any of these sites or their advertising and is not responsible for any goods you purchase from them.

Comments, Feedback and Submissions

Cerrone welcomes your feedback regarding this web site, as well as it's products and services. Any information, concepts, ideas, comments, materials, suggestions or comments sent to Cerrone will not be treated as confidential information and by submitting such information you are granting Cerrone an unrestricted license to use, display, modify, reproduce, transmit and distribute such information for any purpose whatsoever. Unless required by law, Cerrone will not use your name in connection with any such information, materials, suggestions, ideas or comments without your prior written consent.

Colour Information

While Cerrone has endeavoured to display accurately the colours of products, the actual colours you see will depend on your monitor and may not be accurate.

Copyright

The Cerrone web site design, text, images, graphics, logos, buttons and arrangements are copyright by Cerrone. We reserve all such rights. The content on this web site is the property of Cerrone and protected by copyright law. At the discretion of the owners, and only upon written permission, will permission be granted to any other party to electronically copy and print portions of the Cerrone web site for the sole purposes of placing an order with Cerrone or using the same as a shopping resource. Any other use of materials on this web site without expressed permission by Cerrone is prohibited.

The owners of this web site warrant they are the owners of the copyright as contained in this Site.

Warranty

The owners of this web site warrant to any purchaser that they are the owners of the copyright as contained on this site, and that no interest has been granted to any other party for the reproduction of material as contained on this site.

Indemnity

The user of this web site shall at all times keep the owners and proprietors, employees and subcontractors, of this web site indemnified from and against all claims, demands, actions, proceedings or prosecutions which may be brought, commenced or prosecuted against the owners and proprietors, employees and subcontractors, or in which the owners and proprietors, employees and subcontractors, may be involved in consequence of or relating to the manufacture, production, provision or supply of the goods by the user. This indemnity will extend to all costs, damages and expenses incurred by the owners and proprietors, employees and subcontractors in connection herewith.

Infringement

In the event the owners and proprietors of this web site learn of any infringement or threatened of any of the intellectual property rights under this agreement or any common law passing-off by reason of imitation of get-up or otherwise, the owners and proprietors of this site shall have the right, at the licensee's expense to institute and prosecute such an action in the company's name.

Governing Law

The governing law shall be the law of the State of Victoria and the parties submit to the jurisdiction of that State.

Disclaimer

Cerrone provides this site on an as-is basis and makes no representations of any kind for the operation of the web site, as well as for all information, products, materials and services as associated. To the extent of permissible law, we disclaim all warranties and representations. Cerrone does not warrant that any information available on the Cerrone web site is accurate, current or complete.

Cerrone is not liable in any way for any damages arising from the use of this site. This limitation of liability applies to damages of any kind, including direct, indirect and incidental, loss of income, profit, data, property and claims by third parties.

Goods Purchase

In purchasing goods via our web site you must pay for those items at the time of purchase, in the manner specified on our website.

There is no guarantee as to the availability of goods advertised available for purchase via this web site.

Security Policy

The Internet is a hostile environment with global resources. As such, Cerrone, maintains highly regulated security policies and procedures to all external and internal communications of Cerrone. All protocols use communication techniques that employ widely accepted error detection and/or recovery mechanisms. We have a secure connection that ensures that the information transmitted is safeguarded. We use Secure Socket Layer (SSL) encryption technology to encrypt the information sent from your computer to our computer so that nobody can decode it, intercept it or read it. This way we ensure your privacy is kept.

Images appearing on this website

All Resonable care is taken to ensure that photographs reflect as accurately as possible the actual size of products, you acknowledge that due to the inherent difficulties with photographing items of jewellery, some products may appear larger or smaller than their actual size when represented in this website. For verification of actual size, please Contact Us

Return Policy for Items Sold Online

Cerrone Jewellers Pty Ltd has a 30 day policy from the date of purchase. Please choose carefully as we are not obliged to provide a refund or allow an exchange simply because you changed your mind, made a wrong selection or simply found the goods cheaper elsewhere. Notify us immediately if you received an incorrect or faulty item and we will assist you regarding the process on how to return the items. We will require a Return Authorization Number which will be provided by our online support representative. Items online can not be returned to a physical store.

We shall pay for or reimburse you for any shipping cost to return the faulty or incorrect item to us. Potential refund of shipping cost will be issued by direct deposit or cheque at your own discretion within 7 days upon receipt of goods. Also, we shall notify you regarding time frame of replacing the items.

Incorrect Item

In the instance where the item received differs from the description on the website, please inform us immediately. We are happy to assist you regarding the process of returning the goods to us.

Faulty Piece/ Damaged in Transit

If you received a faulty item, kindly provide us detailed information about it so we can assess the piece properly. Items found without any defects will be returned to you at your own cost.

We will not refund or replace a product where in reasonable opinion the product has become of unacceptable condition due to misuse and failure to take reasonable care.