Koro Fine Australian Jewellery Pty Ltd — Terms and Conditions
- FORMATION OF CONTRACT
1.1 No contract of sale for products (Products or individually a Product) between the person wanting to purchase the Products (Customer) and Koro Fine Australian Jewellery Pty Ltd ACN 070 656 147 (Koro), (Contract) comes into existence until the Customer’s order has been accepted by Koro and such acceptance has been communicated to the Customer.
1.2 The Customer warrants that it is buying the Products from Koro for its own use only and not for re- sale purposes.
1.3 Subject to clause 2.1 below, the Products sold are subject to these Terms and Conditions to the exclusion of any other terms and conditions stipulated or referred to by the Customer. The Customer acknowledges that it is aware of the contents of and agrees to be bound by these Terms and Conditions.
- ORDERS, PRICE AND PAYMENT
2.1 Unless credit terms have been expressly agreed by Koro, payment for the Products must be made in full before delivery or collection of the Products.
2.2 In the case of delivery of the Products to the Customer, the Customer must (unless otherwise expressly agreed by Koro) pay for all applicable shipping, transport, insurance and handling charges.
2.3 At the time of placing an order or at any time prior to delivery or collection of the Products, Koro may require payment of a deposit equal to an amount of up to 20% of the total value of the Customer’s order for the Products.
2.4 The Customer must pay (or reimburse Koro for) all federal, state and local sales, use, goods and services, value added, excise and similar levies/taxes.
2.5 Time for payment is of the essence. Koro reserves the right to charge interest, at the rate of 6% per annum, on any outstanding amount not paid by the due date for payment (Payment Due Date). Interest will accrue daily from the Payment Due Date until the outstanding amount is paid in full.
- BESPOKE PRODUCTS
3.1 A bespoke Product (Bespoke Product) is one which Koro custom manufactures, or places an order with a third party, specifically for the Customer and which Product is not ordinarily stocked by Koro.
3.2 Koro will notify the Customer within a reasonable time as to whether it can fulfil an order for a Bespoke Product (Bespoke Order).
3.3 Where a Customer requests that Koro fulfil a Bespoke Order based on a design or existing product presented to Koro by the Customer, the Customer warrants that it owns, or has the legal right to use, the intellectual property rights (including. but not limited to, copyright, patents. designs and trademarks) in the design/product and is not infringing any third-party rights in supplying the design/product to Koro.
3.4 The Customer agrees to indemnify Koro on a full indemnity basis against any liability or cost Koro sustains or incurs as a result of a breach of the warranty contained in clause 3.3.
- TITLE, RISK AND DELIVERY
4.1 Risk in the Products passes to the Customer when the Products are collected by, or delivered to, the Customer (or its agent, representative or nominee).
4.2 Ownership of the Products does not pass to the Customer until payment for the Products is made in full.
4.3 At its sole discretion, Koro may deliver the Products to the place requested by the Customer. In all other cases the Products must be collected by the Customer.
- LIABILITY
5.1 All liability of Koro for any consequential loss arising out of or in connection with the purchase or use of any Products is excluded.
5.2 To the extent permitted by law, any typographical, clerical or other error or omission in sales literature, quotation, price list, acceptance of offer, invoice or other documents or information issued by Koro will be subject to correction without any liability on the part of Koro.
- RETURNS
6.1 Our Products come with consumer guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure.
6.2 Koro does not offer returns or refunds for change of mind on any Products.
6.3 Some Products come with third party warranties. Koro makes no warranties or representations in relation to those warranties.
- HOW TO RETURN
7.1 Return your Products in store or via post to the following address:
Koro Fine Australian Jewellery Pty Ltd
Shop 27-29 Piccadilly Arcade
700 Hay Street
PERTH WA 6000
7.2 We will assess the returned Products to determine whether they qualify for repair, replacement or refund and then notify you of the outcome of the assessment.
7.3 If the Products are found to be defective by reason of a cause attributable to Koro, or one of its third party suppliers, Koro will refund the Customer for the reasonable postage charges incurred by the Customer in returning the Products in accordance to this clause 7.
- GENERAL
8.1 If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question will not be affected.
8.2 The Customer agrees that Koro is entitled to use the Customer’s personal information and disclose said information to third parties to fulfil requests by the Customer, to provide marketing services, to assist in the processing of any payments for Products, to assist in the delivery of the Products, to defend a legal or equitable claim and as required or permitted by law.
8.3 Neither party will be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of the party so delaying, and such party will be entitled to a reasonable extension of time for the performance of such obligations.
8.4 These Terms and Conditions are governed by and construed in accordance with the laws of Western Australia and are subject to the non-exclusive jurisdiction of the courts of Western Australia.