Terms & Conditions

Here you can get acquainted with useful information on terms and conditions of our order online policy.

Customers accessing the website www.jewelleryandwatchesonline.com.au (hereafter referred to as the “Website”) from, or with shipping addresses in, Australia are subject to the following terms and conditions. This customer information and these Terms and Conditions shall apply to your use of, and all orders for the sale of goods placed through, the Website. The Terms and Conditions apply equally to those goods ordered using the Website by direct order or through an account which you may establish through the Website. By placing an order with Excel Jewellers, you confirm that you have read, understood and accepted these Terms and Conditions. If you object to any of these Terms and Conditions, please discontinue using the Website and refrain from placing an order.

Excel Jewelleers reserves the right to make changes to these Terms and Conditions. The goods and prices on the Website are also subject to change. Customers should revisit this area of the Website immediately before placing an order. Any changes will only be effective once they are published on this Website.

This Website is not intended for use by children. If you are under 18 years of age, you must obtain the consent of your parent or legal guardian before disclosing any personal information or making any purchases from this Website.

You can purchase your items online, we will ship them directly to your doorstep. We use the best carriers in the business to make sure your order gets to you on time safely. From the Checkout page you’ll see your item description, price and delivery timing. Where available, you can also choose a faster delivery method for each item on your order, for an additional fee. Delivery times vary according to your selected delivery address, availability of your items and the time of day you place your order.

Buyer expressly agrees that Seller’s Invoice and these Terms and Conditions of Sale represent the complete agreement of the parties with respect to the sale of the product(s) listed on the Invoice and no different or additional terms or conditions in Buyer’s purchase order or in any other prior or subsequent communications in any way adding to, modifying or otherwise changing these Terms and Conditions of Sale shall be binding upon Seller.

ACCEPTANCE OF ORDERS

Seller may accept buyer’s offer to purchase and shall be bound to supply the applicable Goods in accordance with these terms and conditions either by execution of the acknowledgment copy of the order, or acceptable electronic transmission, delivery of the Goods to CAI or by any other statement, act or course of conduct which constitutes acceptance under applicable law.

PRICES

Unless otherwise indicated on the face of the invoice, all prices are quoted on a per item basis. Buyer is responsible for any tax or government charges imposed upon the sale or transfer of the Product. Buyer shall not have any right to set off any amounts due hereunder against any amounts which may become payable to Seller under any other agreement.

DELIVERY

Unless otherwise agrees in writing signed by officer of Seller, all delivery dates are estimates Seller shall use its reasonable efforts to deliver all Product within the time specified; however, in no case shall Seller be liable for any expense, loss or damage whatsoever suffered by Buyer as a result of the Seller’s failure to deliver Product by the specified date.

TRANSPORTATION AND RISK OF LOSS

The method and route of shipment are at Seller’s discretion unless Buyer timely supplies explicit instructions otherwise. Title to the Product passes to Buyer when Product is delivered to the selected carrier, even if Seller made a nonconforming tender. Buyer attempts to revoke acceptance of the Product, or Buyer repudiates this document after the Products have been identified hereto.

CANCELLATION OR MODIFICATION

Any order placed with and accepted by Seller may be cancelled by Buyer only upon Seller’s approval in a writing signed by an officer of Seller and upon terms that indemnify Seller against any loss. Seller will not accept order cancellations or refund once a product has been delivered to a carrier. Seller will not accept cancellations or refund of special orders of non-standard, non-price list products or on discounted products. Seller may cancel all or any part of this order and discontinue its performance hereunder without liability to Buyer in the event Buyer materially breaches this contract, becomes insolvent, is the subject to bankruptcy protection, or is the subject of a receivership, liquidation, dissolution or similar proceeding.

WARRANTY AND DISCLAIMER

Seller warrants that the purchased Product is free from defects in materials and workmanship at the time of delivery. If an analysis is stated on the face of the Invoice, it is not intended to be a complete analysis and is not to be regarded as a specification or warranty, unless specifically stated in writing to be such.

LIMITATION OF LIABILITY

Buyer acknowledges and agrees that seller’s liability for any claims with respect to the products shall not exceed the amount paid by buyer for the products under the invoice. Such limitations on seller’s liability hereunder shall apply even if seller’s liability is due in whole or in part to its own negligence. Any action by or on behalf of Buyer or its successors or assigns for breach of this document must be commenced within one (1) year after the cause of action as accrued.

RETURN OF PRODUCT

Upon delivery of Product, Buyer shall have five (5) days to inspect Product and notify Seller, in writing, of any defective goods or other cause for rejection. Buyer agrees that five (5) day period provides Buyer a reasonable opportunity to inspect the Product. Such notification shall identify each and every reason for any rejection of Product. Buyer’s failure to reject Product within such five (5) day period shall constitute a waiver of Buyer’s inspection right and an unqualified and irrevocable acceptance of the Product by Buyer.

INDEMNITY

Buyer shall defend, indemnify and hold harmless Seller and its affiliated or related companies from and against any and all claims, losses, liability, damages and expenses including, but not limited to, attorneys’ fees and cost of defense arising from, related to or in any way connected with or alleged to arise from or out of any asserted deficiencies or defects in Product caused by any alteration or modification thereof by Buyer with or without Seller’s consent, or improper handling or storage by Buyer, the breach of any term or condition stated herein, Buyer’s failure to label Product or Buyer’s improper labeling of Product regardless of whether the labeling was done with or without the advice of Seller.

PAYMENT

Buyer pays all for the product first before seller delivers the product.
Buyer is responsible for any tax or governmental charge imposed upon the sale or transfer of any product. Any such tax or governmental charge will be added to the total invoice amount. All prices are FOB Seller’s facilities. Applicable freight costs will be added to the invoice.