Terms & Conditions

This website www.phenixjewellery.com ("website") is operated by Phenix Jewellery Pty Ltd ("Phenix").

Your access to and use of this website is conditional upon your acceptance and compliance with the terms and conditions contained in this document and elsewhere on the website (known collectively as the “Terms and Conditions”). Your use of and/or continued access to this website constitutes your agreement to comply with these Terms and Conditions and any amendments and to be bound by them.

If you object to any of the Terms and Conditions or any amendments you should not access or use the website. If you violate any Terms and Conditions, your right to use and access the website automatically terminates.

Changes to Terms and Conditions

Phenix reserves the right to occasionally vary and update these terms and conditions without prior notice. Your continued use of the website after such changes constitutes your acceptance of the variations. We therefore recommend that you review this page on future visits to this site.

Copyright and Intellectual Property

All of the content you see on this website, including all of the page headers, images, illustrations, graphics, information, data, software, advertisements, text and other material (“Content”), are subject to trademark, copyright and/or other intellectual property rights or licenses held by Phenix, one of its affiliates or by third parties who have licensed their materials to Phenix, and are protected by Australian and international intellectual property laws. The entire Content of the website is copyrighted as a collective work, and Phenix owns a copyright in the selection, coordination, arrangement and enhancement of the Content. The Content of the website, and the site as a whole, are intended solely for personal, noncommercial use by the users of our site. You may download a single copy, print a single hard copy and store a temporary copy (in your computer’s cache) of the Content, provided you:

  1. Only use these copies of the Content for your own personal, non-commercial use,
  2. Do not copy or post the Content on any network computer or broadcast the Content in any media, and
  3. Do not modify or alter the Content in any way, or delete or change any copyright or trademark notice.

No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. Phenix reserves complete title and full intellectual property rights in any Content you download from this website. Except as noted above, you may not use, copy, download, reproduce, modify, publish, distribute, transmit, store in a retrieval system, transfer or create derivative works from the Content, in whole or in part, without first obtaining written permission from Phenix. Nothing on the website should be construed as granting any license or right to use any name, logo or trademark without the express prior permission of Phenix or the relevant contributor.

Intellectual Property Infringements

You must notify Phenix immediately if you become aware of any third party that is or may be infringing the intellectual property rights in the website. You must give Phenix all assistance in relation to any infringement proceedings. Phenix shall have sole control of the defense and settlement of any infringement proceedings. Any recovery from infringement proceedings is the property of Phenix.

If a court or Phenix determines that the website or the Content have infringed or may infringe a third party’s intellectual property rights, Phenix shall have the right to alter, delete or modify the website or Content in order to avoid continuing infringement.

Use of the Website

You must be able to form legally binding contracts to use the services provided on the website (i.e. purchase goods).

You must not take any action that might undermine the integrity of the services provided on the website. You must not use the website in any manner or for any purpose that is unlawful, or in any manner that violates any right of Phenix, or that is prohibited by the Terms and Conditions. In particular it is a condition of your use of and/or access to the website that you do NOT do any of the following:

  1. Disrupt or interfere with in any way the website or the Content;
  2. Disrupt or interfere with in any way any server, software, hardware or equipment, operated by Phenix or third parties, that is connected to or via the website; or
  3. Violate any applicable law, statute, ordinance or regulation.

Phenix reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of any user of the website.

Submissions

We welcome your feedback regarding the website. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) sent to the website shall be and remain the exclusive property of Phenix. Your submission of any such Comments shall constitute an assignment to Phenix of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Phenix will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.

Images & Colours

We have done our best to display as accurately as possible images and colours shown on this website. However, because the colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will be accurate.

Purchasing on this Website

When you purchase goods from the website you enter into a contract with Phenix and accept that you will be bound by the Terms and Conditions operating at the time you placed your order with Phenix.

When you purchase goods from the website the following terms and conditions form part of the Terms and Conditions:

  1. The prices displayed on this website are quoted in Australian Dollars (inclusive of GST) and are valid and effective only in Australia;
  2. This website and the information on it constitute an invitation to treat and not an offer by us to supply goods. When you submit an order to purchase goods from us, this constitutes an offer from you to buy those goods in accordance with these Terms and Conditions. No contract for the sale and purchase of those goods shall be formed between you and Phenix until we accept your order by sending you an acceptance;
  3. Orders on this website are accepted only for delivery to addresses within Australia;
  4. The prices shown on the website for goods are subject to alteration without notice;
  5. Property in goods purchased from the website remains with Phenix until all money owing for those goods has been paid. Goods will not be despatched to you until they have been paid for in full. Payment to be by Visa or MasterCard. For details of other acceptable payment methods please ring our office;
  6. Unless stated otherwise, you must pay the costs of transportation to the place of delivery for goods you have purchased from the website. Please see our link on this website headed “Delivery” for further delivery details;
  7. Goods you have purchased from the website are at your risk immediately on despatch from our office.

Please see our link on this website headed “Delivery” for further purchase details.

Indemnification

You agree to defend, indemnify and hold Phenix, its subsidiaries, related entities, directors, officers, employees, agents and suppliers harmless from and against any and all claims, damages, costs, losses, liabilities and expenses, including attorneys’ fees, arising directly or indirectly as a result of your use of or access to the website or any breach or violation of the Terms and Conditions.

Protection of our website and Others

We may disclose information you provide to our site when we believe such disclosure is appropriate to comply with the law, to enforce or apply our Terms and Conditions and other agreements, or to protect the rights, property or safety of our sites, our users or others.

Termination

Phenix may terminate this agreement and your access to the website and the Content at any time without notice.

In the event of termination you must immediately cease accessing and using the website and the Content and (at Phenix option) return or destroy any hard copies of the Content to Phenix and any other electronic copies of the Content within your control or possession. All restrictions imposed on you, licenses granted by you and all disclaimers, indemnities and limitations of liability set out in the Terms and Conditions will survive.

Privacy

The website has a Privacy Policy that applies to all users and is incorporated into these Terms and Conditions by reference. Please read the Privacy Policy before using the Website. You can access the Privacy Policy by clicking here.

Hyperlinks and Advertising

The website may contain hyperlinks and other pointers to internet websites operated by third parties (“Linked Sites”). The Linked Sites are not under the control of Phenix and Phenix is not responsible for the contents of any Linked Site or any hyperlink contained in a Linked Site. Phenix provides these links to you as a convenience only and the inclusion of any link does not imply any endorsement of the Linked Site by Phenix. You link to any such Linked Site entirely at your own risk. Phenix is not a party to any transaction between you and a Linked Site. Your use of a Linked Site is subject to the terms and conditions of that site in addition to these Terms and Conditions. If there is any inconsistency, to the extent of the inconsistency these Terms and Conditions prevail.

The website may also contain third party advertisements (that may or may not contain embedded hyperlinks or referral buttons to Linked Sites). The display of such advertising does not in any way imply an endorsement or recommendation by Phenix of the relevant advertiser, its products or services or any such Linked Site. You are referred to the relevant advertiser for all information regarding the advertiser and its products and/or services. To the extent permitted by law Phenix accepts no responsibility for any interaction between you and the relevant third party and is released from any liability arising out of or in any way connected with such interaction.

Taxes and Government Charges

Certain taxes and government charges may be payable in relation to the use of the website. Unless stated otherwise, Phenix has no responsibility for such taxes or other government charges.

Miscellaneous

If any provision of the Terms and Conditions is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Terms and Conditions, which will continue in full force and effect.

All rights not expressly granted in this document are reserved.

Governing Law

Your use of this website and any purchases made from it will be governed by and construed in accordance with the laws of Queensland, Australia. You agree to submit to the exclusive jurisdiction of the courts of Queensland and the Queensland District Registry of the Federal Court of Australia.

Orders on this website are accepted only for delivery to addresses within Australia.

Disclaimer

The Competition and Consumer Act 2010 (Cth) and all corresponding state and territory legislation imply terms, conditions and warranties into some contracts for the supply of goods and services and prohibit the exclusion, restriction and modification of such terms (“Prescribed Terms“). Except as provided by the Prescribed Terms and to the fullest extent permitted by law, the following applies:

  1. This website and all of its Content is provided on an “as is” basis without warranties by Phenix, its subsidiaries, related entities, directors, officers, employees, agents and suppliers of any kind implied by custom, law or statute, either express or implied, including without limitation warranties of title, implied warranties of merchantability or fitness for a particular purpose, or any representations about the correctness, accuracy, timeliness, completeness, reliability, quality or otherwise of the Content.
  2. Phenix, its subsidiaries, related entities, directors, officers, employees, agents and suppliers do not warrant that your access to the website will be uninterrupted or that the website will operate error free, that any defects will be corrected or that this website and its servers are free of computer viruses and other harmful data, code, components or other material.
  3. You acknowledge, by your use of this site, that your use of this website is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of our website, and that Phenix shall not be liable for any damages of any kind related to your use of this website.