Terms and Conditions
Use of this website is subject to the Terms of Use as set out in this notice and which constitute a legal agreement between you and Penguin Gemstone and Jewellery or its affiliates(s). By using this website, you acknowledge that you have read, understood and agree to be bound by the Terms of Use. Please review the Terms of Use prior to viewing this site. If you do not agree with the terms thereof, please do not use this website. By placing an order on www.pgjewellery.com.au, you agree to abide by these Terms and Conditions
While reasonable care has been taken to ensure the facts stated in the website are accurate and the opinions given are fair and reasonable, neither Penguin Gemstone and Jewellery, nor its employees, to the fullest extent permitted by law, will be responsible for errors or misstatements or be liable whether in contract, tort (including negligence) or otherwise for any loss or damage caused (whether direct, indirect, consequential, special, or loss of profits) out of the use of, or the inability to use, the materials on this site. This limitation of liability applies even if Penguin Gemstone and Jewellery or a Penguin Gemstone and Jewellery representative has been advised of the possibility of such damages.
Penguin Gemstone and Jewellery may periodically update the terms and conditions. By using this website, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the current terms of use to which you are bound.
We will endeavour to supply you with the goods or services ordered using this website, but Penguin Gemstone and Jewellery will not be liable to any person if we decline to fulfil, or are unable to fulfil, an order. Supply of goods and services to you is made on these Terms only (as we may amend them from time to time). The only circumstance where any variation to these Terms will apply is where Penguin Gemstone and Jewellery has expressly agreed in writing to that variation. If there is any conflict with other terms of trade, these Terms will take priority over any other terms of trade.
All content on this website including logos, designs and images are copyright © property of Penguin Gemstone and Jewellery. You may view this site and electronically copy or print hard copies of parts of it for your personal, non-commercial use only. You may not distribute, reproduce, display, publish or otherwise commercialise any part of this website without our written permission.
Product information given on the Penguin Gemstone and Jewellery website or in our promotional materials is for your guidance but does not afford a guarantee of use. Common sense and discretion are advised in the proper and safe use of all products purchased from us.
Each product purchased is sold subject to its Product Description. Penguin Gemstone and Jewellery takes reasonable care to ensure that all details, descriptions and prices of products appearing on our website or in promotional materials are correct. Although we aim to keep these details as up to date as possible, the information, including Product Descriptions, appearing on this website or in a Penguin Gemstone and Jewellery promotional publication at a particular time may not always reflect the position at the exact moment you place an order.
We cannot guarantee that your monitor’s display of any colour will be accurate. We will endeavour to deliver the corresponding products but do not warrant that the products we deliver to you will be identical to those displayed in the photograph or on your monitor. This also applies to the reproduction of colours and images published in Penguin Gemstone and Jewellery promotional materials. Styled images or photographs are used in some instances for the purpose of demonstrating how a product may be worn or displayed. Display items may or may not be available for additional purchase.
The prices displayed on our website are those current at the time we acknowledge receipt of your Order.
In all cases, the prices displayed are quoted in AUD dollars and are effective only in Australia.
When you place an online Order, you will receive from us an automated Order received email. This email will be an acknowledgement of receipt of your Order only and will not constitute acceptance of your Order. A contract between Penguin Gemstone and Jewellery and the customer, for the purchase of the goods, will not be formed until a shipment (dispatched) confirmation email has been received by the customer. From the time we acknowledge receipt of your order until the time we dispatch your Order, Penguin Gemstone and Jewellery reserves the right to correct prices without notice if necessary. If this occurs after you have received an order receipt email, being acknowledgement of receipt of your order, we will contact you prior to processing your order to ascertain whether you still wish to purchase the affected product(s) at the corrected price (s). If we cancel your Order, we will promptly refund any payment already made by you to your original payment method
Prices for goods and services on this website are usually displayed inclusive of goods and services tax (“GST”).
Risk in products purchased from us will pass to you on delivery, but legal and beneficial ownership will remain with Penguin Gemstone until all sums owed to us, in respect of those products and all other products and services supplied by us, are paid in full. While property in the products remains with us, we have the irrevocable right to enter your premises where the goods are located and take possession of and remove the goods. Until ownership passes, you hold the products as bailee for Penguin Gemstone and Jewellery.
Penguin Gemstone and Jewellery will pass on to you the benefit of any warranties given by the manufacturers or suppliers of the products we sell. However, we expressly exclude to the fullest extent permitted by law all other warranties, descriptions, representations or conditions whether implied by law, trade, custom or otherwise.
Our liability for any claim, damages, loss or expense related to the supply by us of goods or services is limited to the cost paid by you for the goods or services except where statute expressly requires otherwise. To the fullest extent permitted by law we will not be liable in any event whether in tort (including negligence), contract or otherwise for any loss of profits or any consequential, indirect or special damage, loss or injury of any kind suffered by you or any other person.
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable 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.
For questions, please contact: shane@pgjewellery.com.au