Terms and Conditions

These terms and conditions regulate the business relationship between you and us. By using Our Website in any way, or by buying from us using this Website, you agree to be bound by them. If you do not accept these terms and conditions, you should immediately stop using this Website and if you do not immediately stop using this Website these terms and conditions form an agreement between you and us. No person under the age of 18 years may purchase Goods. We look forward to seeing you again when you are over 18.

By continuing to use Our Website, you agree that you will be and are bound by Our Website as amended, including any updated terms and conditions.

We may from time to time add, amend, remove, change or otherwise update Our Website and Contents, including these terms and conditions, without prior notice.

We are: [JG Emporium(Demarco Pty Ltd] (ABN: [906453477431]) (“us”, “we” and “our”)
Our Address is: [58 High St, Cranbourne VIC 3977(PO Box 5075)]
You are: a visitor to Our Website / Our customer.

Definitions

In these terms and conditions :

“Australian Consumer Law” means the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

“Carrier” means any person or business contracted by us to carry Goods from us to you.

“Content” means any content in any form published on Our Website by us or any third party with our consent, including text, graphics, logos, icons, images, audio clips, digital downloads, data, and software.

“Goods” means any of the goods we offer for sale on Our Website, or, if the context requires, goods we sell to you.

“GST” means the goods and services tax as imposed by the GST Law including, where relevant, any related interest, penalties, fines or other charge.

“GST Law” has the meaning given to that term in A New Tax System (Goods and Services Tax) Act 1999 (Cth), and/or any Act imposing or relating to the imposition or administration of a goods and services tax in the Commonwealth of Australia and any regulation made under that Act.

“Intellectual Property Rights” means all intellectual property rights including current and future registered and unregistered rights in respect of trade marks, copyright, designs, circuit layouts, trade secrets, know-how, product of business concepts, confidential information, patents, invention and discoveries, software whether in object code or source code) and all other intellectual property as defined in article 2 of the convention establishing the World Intellectual Property Organisation 1967.

“Our Website” means any website of ours, and includes all web pages controlled by us.

“Post” means display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on to Our Website, and the phrases "Posted" and "Posting" is to be interpreted accordingly.

“you” and “your” are a reference to the person or business accessing or using Our Website.

Interpretation

In these terms and conditions unless the context otherwise requires:

A reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation.
The singular incudes the plural and vice versa.
If there are two or more persons who are defined as a party to these terms and conditions, a reference to one or more of those persons means each of those persons jointly and severally.
These terms and conditions apply to all supplies of Goods by us to any customer. They prevail over any terms proposed by you.
Any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.
Except where stated otherwise, any obligation of any person arising from this agreement may be performed by any other person.
In this agreement references to a party include references to a person to whom those rights and obligations are transferred or passed as a result of a merger, acquisition, reconstruction or other re-organisation involving that party.
The headings to the clauses and schedules (if any) to this agreement do not affect the interpretation.
A reference to an act or regulation includes a modification, re-enactment of or substitution for it and a regulation of a statutory instrument issued under it.
In any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party.
These terms and conditions apply to you as a visitor to Our Website and to you as a buyer or prospective buyer of our Goods.
This agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version will prevail.

The Contract

This agreement is a contract and contains the entire agreement between you and us.
You acknowledge that, in entering into this agreement, that you do not rely on any representation, warranty, information or document or other term not forming part of this agreement.
If you use Our Website in any way and/or place an order to purchase Goods on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.
We do not guarantee that all Goods advertised on Our Website are available. The terms that apply to you are those Posted here on Our Website on the day you order any Goods.
The price of Goods may be changed by us at any time.
If at any time, you buy Goods from us under any arrangement which does not involve payment via Our Website, these terms still apply so far as they can be applied.
At present, we only sell and deliver to Australian addresses.

Acceptance of your order

Your order is an offer to buy from us. Subject to the availability of Goods, there is no contract for the sale and purchase of the Goods until we confirm acceptance by e-mail confirmation referring to your order.
We reserve the right to reject or to cancel all or part of your order at our absolute discretion.
Where any Goods you order is unavailable we may at our absolute discretion offer you substitute Goods. If this happens you may:
- Accept the substitutes we offer; or
- Cancel all or part of your order.

Price and Payment

Subject to clause 5(b), (g) and (h) below, the price of Goods is as set out in the order confirmation.
It is possible that the price payable for particular Goods may from time to time vary from that Posted on Our Website. If that happens to Goods which you have ordered, we will not dispatch the Goods until you have confirmed to us by email that you wish to buy at the new price. No Goods will be shipped or dispatched until payment for the Goods, including delivery charges and taxes, has been received by us in full.
All prices are in $AUD and include GST.
If the item you order is available in parts, you must pay us the full price of your order before we will send any part of it. For the avoidance of doubt, all legal and beneficial ownership in the Goods remains with us until we are paid in full.
Where the Goods have been delivered but you have not paid us in full, you agree that we have the right to enter your premises where the Goods are located and to take possession of and to remove the Goods.
All charges relating to payment in a currency other than Australian dollar will be borne by you.
Any information given by us in relation to exchange rates are approximate only and vary from time to time.
If, by mistake, we have mispriced Goods or provided incorrect descriptions of the Goods (“Error”), we will not be liable to supply those Goods to you at the stated price or as described, provided that we notify you before we dispatch the Goods to you. Your only remedy in the event of an Error is to cancel your order.
The price of the Goods does not include the delivery charge which will be charged at the rates applicable at the date you place your order.
If we owe you money (for any reason), we will credit your credit or debit card as soon as reasonably practicable, but in any event, no later than 45 days from the date when we accept that repayment is due.

Foreign taxes and duties

If you are not in the Commonwealth of Australia, we have no knowledge of, and no responsibility for, the tax, duties and other relevant laws in your country.
You are responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.

Privacy Policy

By purchasing Goods from Our Website, you acknowledge that all personal information which you provide to us will be collected, stored, used, disclosed and managed in accordance with our privacy policy.
If you do not complete your purchase of any Goods, we may send to you e-mail reminders to complete your purchase using your details as supplied and if we do not hear from you within 7 days of our reminder we will have no obligation to proceed with your purchase.
Card payments are not processed or controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
We do not keep your card details. For more information about how your information will be used or not used, refer to https://www.windcave.com/
We have no control over the storage of your personal details and are not liable for any misuse, theft or any usage of such information.

Delivery and Collection Policy

Subject to payment having been made and received in full (including all applicable delivery charges and taxes), we will endeavour to deliver the Goods within 30 days from the day we accept your order to purchase the Goods and you make payment in full for those Goods.
Deliveries will be made by the Carrier to the address stipulated in your order. You must ensure that someone is present to accept the delivery.
We may deliver the Goods in instalments if they are not all available at the same time for delivery.
All Goods must be signed for on delivery by an adult aged 18 years or over. If no one of that age is at the address when the delivery is attempted, the Goods may be retained by the driver. When your Goods arrive, it is important that you check immediately the condition and quantity. If your Goods have been damaged in transit, you must immediately contact us.
Once the Goods under your order have been confirmed as having been delivered by the Carrier (or the Goods have not been signed for, for example because of a missed delivery attempt), the liability and risk in the Goods passes to you. We are not responsible or liable for the security, damage or theft of the Goods after this time. If you miss a delivery attempt, it is your responsibility to pick up the Goods or arrange for them to be re-sent to you again at your own cost.
Where possible, we will endeavour to comply with delivery timeframes, but all timetables are estimates only and time is not of the essence. To the maximum extent permitted by law, we will not be liable to you for any expense or inconvenience you incur on account of delayed delivery or non-delivery.
If you provide specific delivery instructions, we will do our best to comply (by providing these instructions to the Carrier), but we make no warranties or representations that the delivery is or will be in accordance with the specific delivery instructions.
All Goods delivered in accordance with your delivery instructions are entirely at your own risk.
Some Goods may be delivered direct from the manufacturer, who will contact you to arrange delivery. When delivery of the Goods has been arranged directly with the manufacturer, you will be subject to the manufacturer’s delivery policy and we will not, in any circumstance be liable to you for any delivery related issue, claim or complaint.
Provided you make an appointment in advance and full payment has been received by us, you may collect Goods from our retail outlet . All payments must be made via the online payment gateway.
If you collect Goods from your order with us then:
- photographic identification and a signature must be provided when you collect the Goods (and you acknowledge that we may retain a copy of your identification);
- any card used for payment of the Goods purchased must be shown when collecting your order;
- we will not be able to assist you in loading heavy items;
- goods are at your risk from the moment they are collected by you or your Carrier from us; and
- you agree that you are responsible for everything that happens after you take possession of the Goods, both on and off our premises, including damage to property of any sort, belonging to any person.
We will not allow collection of Goods from your order if:
- you do not supply identification;
- you have not sought our pre-approval for an agent to collect Goods on your behalf before collection;
- your agent does not supply identification;
- if either you or your agent seek to collect Goods outside of the appointed collection time and date; or
- you have not paid for the Goods in full.

Defective Goods

Some Goods come with a guarantee or warranty from the manufacturer and where possible, we will pass on the benefit of those guarantees or warranties.
In addition, our Goods come with guarantees that cannot be excluded under the Australian Consumer Law. If you are entitled to the protections afforded by the Australian Consumer Law, you will be entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and failure does not amount to a major failure.
Goods with defects in material or workmanship (“Defective Goods”), must be returned to us as soon as a defect is discovered but not later than 30 days after the date of dispatch to you and on the condition that you give us prior notice in writing. In returning Defective Goods you must enclose with them a note clearly stating the fault and when it arises or arose.

Change of Mind Policy

Subject to clause 10(c) and (e), if you change your mind about purchasing the Goods within 7 days from the date the goods are delivered to you (time being of the essence) and provided the Goods are returned to us in accordance with clause 11, we will:
- use reasonable efforts to refund to you the price of the Goods, less delivery charges, within 14 days; or
- exchange the returned Goods for other Goods sold by us.
If you choose to exchange the returned Goods, the sale of the returned Goods will be cancelled and a new order must be placed for the new Goods.
- where the price of the returned Goods is higher than the new Goods, the price difference less delivery charges will be refunded to you.
- where the price of the returned Goods is lower than the new Goods, you must pay the price difference.
Any Goods purchased at a store, including by an order placed over the phone, or Goods purchased from Our Website which are collected from a store, may only be exchanged for other Goods sold by us, provided the Goods are returned to us in accordance with clause 11.
We will not consider requests for refunds or exchanges for change of mind if the request is made more than 21 days after the date you purchased the Goods.
Any Goods which are personalised orders, including but not limited to Goods which have been engraved, embossed, designed or re-sized at your request cannot be returned for refund or exchange.

Return of Goods

These provisions apply in the event that you return any Goods to us for any reason:

Before you return the Goods to us, please carefully re-read any instructions and check the terms of your order acceptance.
The method of return of goods is to be determined by us but at your own risk and cost.
Goods must be returned:
- with Goods, including any accessories sold with the Goods, and all packaging as far as possible in their original condition (new and unused with all original packaging and labels);
- securely wrapped;
- including our delivery slip, or the manufacturer’s delivery slip;
A refund will only be issued to you on receipt of the Goods and provided the Goods are returned in accordance with clause 11(c) (which will be determined in our absolute discretion).

Your account with us

You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods.
If you use Our Website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your account.
You agree to accept sole responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.

Posting on Our Website

You agree that you will not use or allow anyone else to use Our Website to Post Content which is or may:

be malicious or defamatory.
consist of commercial audio, video or music files.
be illegal, obscene, offensive, threatening or violent.
be sexually explicit or pornographic.
be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person.
give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business.
solicit passwords or personal information from anyone.
be used to sell any goods or services or for any other commercial use.
include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate.
link to any of the material specified above, in this clause 13.
send age-inappropriate communications or Content to anyone under the age of 18.

Your Posting: restricted content

In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.

In addition to the restrictions set out in clause 13, a Posting must not contain:

hyperlinks, other than those specifically authorised by us.
keywords or words repeated, which are irrelevant to the Content Posted.
the name, logo or trademark of any organisation other than yours.
inaccurate, false, or misleading information.

Removal of offensive Content

For the avoidance of doubt, this clause 15 is addressed to any person who visits Our Website for any purpose.
We are under no obligation to monitor or record the activity of any customer for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.
If you are offended by any Content, the following procedure applies:
- your claim or complaint must be submitted to us in the form available on Our Website, or contain the same information as that requested in our form. It must be sent to us by post or email.
- we may remove the offending Content as soon as we are reasonably able, provided that we determine the Content is offensive which determination will be in our absolute discretion. After we receive notice of a claim or complaint, we may investigate that claim or complaint so far as we alone decide in our absolute discretion.
We may or may not, in our absolute discretion, re-instate or remove the Content about which you have made a claim or complained.
In respect of any claim or complaint made by you, whether using our form of complaint or not, you now irrevocably grant to us a licence to retain or to publish the claim or complaint and all ensuing correspondence and communication, without limit.
You agree that if any claim or complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees and other costs we reasonably incur.

Security of Our Website

If you violate Our Website we may take legal action against you.
You agree that you will not, and will not allow any other person to:
- modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it;
- download any part of Our Website, without our express written consent.
- collect or use any product listings, descriptions, or prices.
- collect or use any information obtained from or about Our Website or the Content.
- aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of Our Website.
- share with a third party any login credentials to Our Website;

Third party websites

This website contains links to other websites ("third party websites"). Those links are provided for convenience only and may not be maintained, updated nor current and the information on those third party websites may contain errors, omissions or inaccuracies.
We do not control, recommend, approve or endorse any third party websites or content on the third party websites.
We are not responsible for the content or privacy practices of, or on, the third party websites.
If you access a third party website or service from Our Website, you do so at your own risk and these terms and conditions do not apply to your use of the third party websites.

Intellectual Property

We may defend the Intellectual Property Rights in connection with our Goods and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in text, graphics, logos, icons, images, audio clips, digital downloads, data, and software, whether it be source code or object code).
You must not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
All trade marks, trade names, logos, service marks, service names and product names on this Website, whether registered or unregistered (Trade Marks), are owned by us or its respective owners.
You must not use our Trade Marks or any other Content on Our Website or Trade Marks owned by any other person.
For the avoidance of doubt, we do not grant you any right in or licence in our Goods, Our Website and its Content or the Trade Marks.

Disclaimers

The law differs from one country to another. This clause 19 applies so far as the applicable law allows.
To the extent permitted by law, all the conditions, warranties or other terms implied by the law of any country other than the Commonwealth of Australia are excluded from this agreement.
We or our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the Goods, at any time and without advance notice.
You are advised that Content may include inaccuracies or typographical errors. You should bring to our immediate attention, any inaccuracies or typographical errors that you find.
To the maximum extent permitted by law, Our Website and related information and services are provided on an “as is” basis and we give no warranty or guarantee and make no representation, express or implied or otherwise, as to:
- the quality, colour and size of the Goods;
- any implied warranty or condition as to merchantability or fitness of the Goods for a particular purpose;
- the correspondence of the Goods with any description;
- the adequacy or appropriateness of the Goods for your purpose;
- the truth, accuracy or completeness of any Content on Our Website.
You agree and acknowledge that the existence of any errors, interruptions whether temporarily or permanently, or incompleteness of Our Website will not be a breach of these terms and conditions and we will not be liable to you should Our Website contain errors, or become unavailable, interrupted, or delayed for any reason.
To the maximum extent permitted by law, we are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or purchase of Goods.
If the limitation of liability clauses 19(e), (f) or (g) are held to be invalid, in whole or in part, then you agree that our maximum aggregate liability to you for all loss, damages, costs and expense (other than for any damage, cost and expense that cannot be limited at law) will not exceed the amount of AUD$1.00.

Indemnity

You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:

your failure to comply with the laws of Australia applicable to the use of Our Website or its Content or any Intellectual Property Rights of any person relevant directly or indirectly to Our Website;
your Posting;
your breach of this agreement;
any act, neglect or default by any agent, employee, licensee or customer of yours;
a contractual claim arising from your purchase of the Goods using Our Website;
a breach of the Intellectual Property Rights of any person relevant directly or indirectly to Our Website;
use of your account by an unauthorised person;
delivery of Goods in accordance with your specific delivery instructions.

Promotions, Discounts and Competitions

From time to time, you may receive from us communications as to promotions, discounts or competitions. Some promotions or discounts may include a code (“Code”) to be used when placing an order for Goods.

Codes are personal to you and are not transferrable.
Codes may be specific to certain Goods or require certain conditions to be satisfied.
A Code must be applied at the time you place your order.
You are solely responsible for ensuring that the Code is applied to your order and that the Code is valid at the time the order is placed.
There may be terms and conditions specific to a promotion, discount or competition.
Notwithstanding any specific terms and conditions, we reserve the right to withdraw, cancel or change any or all promotions, discounts or competitions at any time and without notice, including if we suspect error, fraud or some other abuse.

Gift Cards

At our absolute discretion, we may sell to you gift cards which are redeemable for Goods purchased from Our Website or in any of our stores.

Gift cards, whether physical or electronic, expire 3 years from the date of issue, after which it will be invalid and any unused balance becomes our property.
Gift cards are issued in Australian dollars unless otherwise stated.
Gift cards are to be treated like cash. Damaged, lost or stolen cards will not be replaced, refunded or redeemed.
To the maximum extent permitted by law, gift cards cannot be:
- exchanged for cash;
- refunded;
- used to purchase another gift Card; or
- used to make a payment on a credit account.
No change will be given for any remaining balance, but this balance may be used in whole or in part against future purchases until the gift card balance is completely used or the gift card expires.
If the price of the Goods exceeds the available gift card balance, you must pay the excess using another approved payment method.
For any purchase using a gift card (whether in whole or in part), any refund or excess following exchange, for example because the price of the new Goods are higher than the returned Goods, the refund will be provided by way of a gift card.
We reserve the right to correct the balance of your gift card if we suspect that there has been an accounting or clerical error.

Miscellaneous matters

When we communicate with you, we do so by email.
Where we provide Goods without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service.
If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it will be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it will be binding in that changed or reduced form. Subject to that, each provision must be interpreted as severable and will not in any way affect any other of these terms.
The rights and obligations of the parties set out in this agreement will pass to any permitted successor in title. We will be entitled to assign this agreement to any person of our choosing, and you must not and will not be entitled at all assign the benefit of this agreement unless you have our prior written consent and on terms reasonably acceptable to us.
No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
All communication to us must be to the following addresses, unless otherwise nominated by us in writing:
- if delivered by hand or sent by pre-paid mail: [PO Box 5075, Cranbourne VIC 3977];
- if sent by e-mail: [sales@jgemporium.com.au].
Any communication to be served on either party by the other must be delivered by hand or sent by pre-paid mail or by e-mail. It will be deemed to have been delivered:
- if delivered by hand: on the day of delivery;
- if sent by pre-paid mail to the address nominated in these terms and conditions (or as otherwise nominated by a party): within 72 hours of posting;
- if sent by e-mail to the address nominated in these terms and conditions (or as otherwise nominated by a party): within 24 hours if no notice of non-receipt has been received by the sender.
In the event of a dispute between us, then we and you undertake to attempt to settle the dispute by engaging in good faith with one another in a process of mediation, and if no resolution is reached, commence arbitration or litigation.
This agreement does not give any right to any third party.
Neither you nor us will be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond our or your reasonable control, including any labour dispute between a party and its employees.
The validity, construction and performance of this agreement will be governed by the laws of the State of New South Wales.