Terms and Conditions

These terms and conditions apply to the use of this website, including the purchase of goods and/or services using this website. By using this website for these or any other purposes, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the website. These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of this website.

1. Definitions and interpretation
1.1 In these terms and conditions:
Business Day means a day on which the trading banks generally are open in Brisbane but excluding Saturdays, Sundays and public holidays;

Sales Tax means GST as that term is defined in Sales Tax Law or any other applicable sales tax, and any interest, penalties, fines or expenses relating to such GST or other applicable sales tax;

Sales Tax Law means, where the context requires or permits: (a) for New Zealand residents, the Services Tax Act 1985; or (b) for Australian residents, the A New Tax System (Goods and Services Tax) Act 1999 (Cth); and/or associated Commonwealth legislation, regulations and publicly-available rulings; or (c) for any other location, the applicable Taxes law relating to the provision of goods and services by Medley Jewellery to you.

Intellectual Property Rights means all intellectual property rights including all current and future registered and unregistered rights in respect of copyright, designs, circuit layouts, trademarks, know-how, confidential information, patents, inventions and discoveries and all other intellectual property as defined in article 2 of the convention establishing the World Intellectual Property Organisation 1967.

Moral Rights have the meaning given to the term in the Copyright Act 1968 (Cth).

Related Body Corporate has the meaning given to that term in the Corporations Act 2001 (Cth).

Submissions means all comments, feedback, suggestions, photos, e-mail and similar information or materials that you submit to us regarding our goods or services (including this website).

Taxes means any present or future taxes (including sales taxes on goods and/or services such as GST), rates, levies, imposts, duties (including stamp duties), deductions, charges, compulsory loans and withholdings (other than any such taxes on the overall net income of a party) which may be incurred in any jurisdiction and any interest, penalties, fines or expenses relating to any of them;

1.2 In these terms and conditions, unless the contrary intention appears:
(a) the expressions "Medley Jewellery", "we", "us" and "our" are a reference to Medley Jewellery Pty Ltd ACN 168 235 514 and "you" and "your" are reference to the person accessing or using this website;
(b) a reference to:

(1) these terms and conditions or another document includes any variation or replacement of it notwithstanding any change in the identity of the parties;
(2) any statute, statutory provision, ordinance, code or other law includes regulations and other statutory instruments under any of them and consolidations, amendments re-enactments or replacement of any of them;
(3) a person, firm, corporation, association or government body includes any other of them;
(4) a person includes the person's successors, executors, administrators, substitutes (including a person who becomes a party by novation) and assigns;
(5) a time is a reference to the time in Queensland, Australia unless otherwise specified;
(6) a right includes a benefit, remedy, authority, discretion and power;

(c) the singular includes the plural and vice versa;
(d) words importing a gender include any other gender;
(e) the words ‘including’ or ‘includes’ are deemed to be followed by the words ‘without limitation’;
(e) headings in these terms and conditions are for convenience of reference only and shall not affect the construction or interpretation of these terms and conditions;
(f) if the day on which:

(1) anything, other than a payment, is to be done is not a Business Day, that thing shall be done on the preceding Business Day; and
(2) a payment is to be made is not a Business Day it shall be made on the next Business Day but if the next Business Day falls in the next calendar month it shall be made on the preceding Business Day;

(g) if an act is required to be done on a particular day and the act is done after 5.00pm on that day, it will be deemed to have been done on the following day;
(h) where two or more persons are defined as a party to these terms and conditions that term means each of the persons jointly, each of them severally and any two or more of them jointly;
(i) an agreement, covenant, obligation, representation or warranty on the part of two or more persons binds them jointly and severally and an agreement, covenant, obligation, representation or warranty in favour of two or more persons is for the benefit of them jointly and severally.

2. Amendments to terms and conditions
We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon the inclusion of such amendments within the version of these terms and conditions on this website. Your continued use of the website following such amendment will be deemed your acceptance of and agreement to be bound by the terms and conditions as amended.

3. Your account and password
3.1 We may provide you with an account login (including a username and password) to verify your identity when you use this website. You must ensure that your account details are complete and accurate when submitted to us, that the information that you have given is true and correct, and you must keep your account details up to date. You agree to not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.

3.2 Your username and password are personal to you and you must at all times keep your username and password secure and confidential and not disclose them to any third party.

3.3 You agree that you are solely responsible for any use of the website by any person using your username and password (including any purchases made via the website). You agree to release and indemnify Medley Jewellery in relation to any claims, loss or liability arising out of the unauthorised use of your username or password (including any failure to keep your username or password secure and confidential).

3.4 You agree to notify us immediately by email to contactus@medleyjewellery.com.au of any unauthorised use of your account or any other breach of security.

4. Submissions
4.1 You may be able to make Submissions to us from time to time, including by using the ‘Give Feedback’ or ‘Product Ratings & Reviews’ functionality of this website. You agree and confirm that each Submission you make is not confidential, and that we have no obligation to treat it as such. Ownership of all Intellectual Property Rights subsisting in each of your Submissions vests in us immediately upon creation. Where such ownership does not immediately vest in us in accordance with the foregoing sentence, by making any Submission you irrevocably assign to us, at no charge, all Intellectual Property Rights subsisting in each Submission.

4.2 To the extent permitted by applicable laws, you hereby give complete and genuine consent in writing to us (and our Related Bodies Corporate) to the use of any Submissions for the specified acts in clause 4.3, even if such use would otherwise be an infringement of your Moral Rights.

4.3 The specified acts referred to in clause 4.2 are:
(a) modifying and materially altering the style, format, colours, content or layout of any Submission;
(b) reproducing, communicating, adapting, publishing or exhibiting any Submission;
(c) adding any additional content or information to any Submission; and
(d) not attributing authorship in relation to any Submission.

4.4 You warrant to us that all Submissions you make are your original work and that no Submissions you make will infringe the Intellectual Property Rights of any other person.

4.5 Your Submissions must comply with all of our content guidelines and terms.

5. Ordering goods on this website
5.1 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 us until we accept your order by sending you a ‘confirmation of acceptance’ in accordance with clause 5.3 below. By purchasing goods on this website, you agree that the contract for the sale and purchase of those goods is deemed to have been transacted in Queensland, Australia.

5.2 You may submit an order to purchase goods from us by completing the order form and submitting the order confirmation on this website. You must provide all required information (including your name and physical address) or we may not be able to process your order.

5.3 No order shall be deemed accepted by us until we have sent you a ‘confirmation of acceptance’ confirming that we have accepted your order. An ‘order confirmation’ is not a ‘confirmation of acceptance’. However, a shipping confirmation may, in accordance with its terms, constitute a ‘confirmation of acceptance’. We will endeavour to notify you whether we have accepted or rejected your order and, if applicable, to confirm the delivery details for your order within 3 Business Days after receiving your order.

5.4 By submitting an order on this website you agree to be bound by our Shipping& Returns Policy.

6. Price, Taxes and payments
6.1 The price may be displayed in local currency, however orders accepted by us shall be paid and charged in AUD for the relevant goods at the time your order is submitted (subject always to section 7 below, in relation to incorrect prices), together with the applicable delivery fees, international transaction fees and applicable Sales Taxes (which are payable by the purchaser in addition to the price of the goods if applicable).

6.2 You shall pay for your orders by valid gift card, credit card, Zip Pay, After Pay™, Klarna™ or other online transactions facilities provided at www.medleyjewellery.com.au from time to time or by authorising Medley Jewellery to charge your payment card account for the total price of the goods ordered and the applicable delivery fees at the time the goods are dispatched.

6.3 If there is a problem with your payment (for example, if your payment card transaction is declined), we may contact you to make alternative payment arrangements. You will be liable for all debt collection costs where you fail to make payment for any order when payment is due.

6.4 We may vary any prices on this website at any time without notice to you.

7. Availability, Cancellation and Rejection of Orders
7.1 All orders are subject to the availability of goods. We may reject or cancel any order due to unavailability of any good. If for any reason a good is not available, we will endeavour to notify the non-availability on this website. We may revise the range of goods or the specification of any good at any time (save and except for where we have confirmed our acceptance of your order) without notice to you.

7.2 Where any good is listed on this website with an incorrect price or with incorrect information, we reserve the right to reject or cancel your order (regardless of whether you have made payment for that order). You acknowledge and agree that we have no obligation to sell any good either online or in-store where that good is listed with an incorrect price or with incorrect information. Where you have already made payment for an order that is subsequently rejected or cancelled by us, we will refund the full amount paid by you in relation to that order.

7.3 You may cancel your order any time prior to the time that we send our confirmation of acceptance for that order. Once we have sent our confirmation of acceptance for your order, you may not cancel that order.

Delivery and delivery fees and orders lost in transit

8.1 Goods purchased online from this website are eligible for delivery to addresses in Australia, New Zealand, United States of America, Singapore, Japan, Canada, France, Italy, Germany, Netherlands, Belgium, Spain, Sweden, Malaysia, Hong Kong, China & United Kingdom only. We use reputable couriers to deliver such goods.

8.2 The applicable delivery fees (not including any customs or duties payable on such delivery into the country destination, see section 9 of these Purchase Terms) are clearly displayed in the currency quoted on this website at the time of purchase.

8.3 Once we have confirmed our acceptance of your order, we will endeavour to dispatch your order within 3 Business Days unless a different timeframe is specified in relation to a particular good. If we are unable to dispatch your order within this time frame we will endeavour to contact you and advise you of the expected dispatch date.

8.4 You may specify delivery instructions for your order (for example, you may authorise the courier to leave the goods in a specified location if you will not be at the delivery address). We will not be responsible or liable for anything that happens to any order that is delivered in accordance with your delivery instructions. Please provide your correct shipping/delivery information. We will not be responsible for an incorrectly entered delivery address or an address that is not recognised by your local postal service (Australia Post where the delivery address is in Australia). We are unable to redirect orders once dispatched and we cannot refund or replace items that are tracked and claimed as being delivered and or signed for by our shipping provider. If your order is shipped back to us because you provided us with incorrect delivery details or you have rejected the delivery, you will be responsible for any re-shipping charges or, if you wish to cancel your order, we will issue a refund to you less the initial shipment charge.

8.5 We will use reputable couriers, shipping carriers and local postal services however we are not responsible for any orders lost in transit. It is your responsibility to locate any lost order and we will do everything reasonable to assist you.

8.5 Although we will endeavour to meet delivery timeframes where possible, all delivery timeframes are estimates only and we will not be liable for any loss, expense, or other damage caused by any delay in delivery.

8.6 We retain ownership and title of the goods we supply to you until we have received the full price for the goods and the applicable delivery charges. Once your order has been delivered to you (or has otherwise been delivered in accordance with your delivery instructions), as evidenced by confirmation provided to us by the postal or courier service of our choice used to deliver your goods, you assume full responsibility for and risk in the goods.

Customs, duties and taxes

9.1 As set out in 6.1, the Order Total displayed at checkout includes the applicable Sales Taxes (if any) based on the delivery address provided at time of sale.

9.2 If a cross-border shipment is required to New Zealand, Medley Jewellery or our related parties will be responsible for paying applicable Taxes on importation at the border. On importation, Medley Jewellery or our related parties will be the “importer of record”. Medley Jewellery will be responsible for and shall bear any charges for customs clearance.

9.3 If a cross-border shipment is required to any country other than New Zealand, you will be responsible for paying any applicable Taxes on importation at the border and you will be the “importer of record”. You will also be responsible for and shall bear any charges for customs clearance. Medley has no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country so you should contact your local customs authority for further information about such charges.

9.5 Cross-border shipments may be subject to opening and inspection by customs authorities. In order to facilitate customs clearance and comply with local laws, we may provide certain order, shipment and good information, such as your title, to our international carriers, and such information may be communicated by shipping service providers to customs authorities. Customs authorities may require us to declare the value of the goods you have purchased.

9.6 You acknowledge that delays associated with customs clearance procedures may cause our original delivery time frames estimates to be exceeded.

9.7 If you refuse delivery of your order due to a customs charge then your package will be considered abandoned and will be disposed of by the shipping carrier. If this happens you will not be eligible to cancel or return your order and will be ineligible to receive any refund or credit.

10. Non-excludable Guarantees Under the Australian Consumer Law
10.1 All goods purchased from this website 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 for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods replaced if the goods fail to be of acceptable quality.

10.2 The goods will not be of acceptable quality if such goods:

(a) are not fit for all the purposes for which goods of that kind are commonly supplied

(b) are not acceptable in appearance and finish;

(d) are unsafe; or

(e) are not durable.

11. Medley’s Liability and Exclusions on Warranties and Guarantees
11.1 Subject to any rights you may have under the non-excludable guarantees under the Australian Consumer Law (described at section 10 above), we may impose fees payable by you in relation to any repair/service not covered by the guarantees under the Australian Consumer Law.

11.2 Medley Jewellery’s liability for any breach of any warranty or consumer guarantee for goods or services is (to the extent permitted by law) limited to re-supplying the goods or services the subject of your order or refunding the costs of the goods or services (at its sole discretion).

11.3 To the fullest extent permitted by law (including Australian Consumer Law) Medley reserves the sole right to judge whether or not an item of jewellery has been subject to ordinary wear and tear, misuse, abuse, alteration, substitution, improper repair or warranty service performed by someone other than Medley Jewellery (or its authorised repairers), theft, disappearance, loss (including lost stones) or any other type of use causing deterioration

12. Disclaimer in Relation to Website
12.1 You acknowledge and agree that, despite all reasonable precautions on our part, this website is not, and cannot be, guaranteed to be error free, uninterrupted, timely, complete, or secure and acknowledge that the existence of any such errors, interruptions, delays, incompleteness, or security limitations will not be a breach of these terms and conditions. We will not be liable to you should this website or any services supplied through this website contain errors, or become unavailable, interrupted, or delayed for any reason.

12.2 To the maximum extent permitted by law, we do not accept responsibility or liability for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this website or any linked website, including any such loss arising out of your use of or reliance on information contained on, or accessed through, this website, or concerning any goods or services ordered by you from this website.

12.3 If the limitation of liability in clause 12.2 above is held to be invalid in whole or in part, then 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 one Australian dollar (AUD$1.00).

12.4 To the maximum extent permitted by law, we provide this website and related information and services on an “as is” basis without any warranties, representations, or guarantees of any kind (whether, express, implied, statutory or otherwise) including, but not limited to, warranties of non-infringement, merchantability, or fitness for a particular purpose.

13. Disclaimers in Relation to Goods (Including Discounted Products)
13.1 Items which are advertised as discounted have been ticketed and offered for sale at the higher price before the relevant sale commenced. However, you acknowledge that such items may have been sold at a lower price from time to time.

13.2 You acknowledge that:

(a) Gemstones may have been treated by heating (generally), or diffusion (sapphires) to enhance the colour of the stone.

(b) Created gemstones are grown in strictly controlled laboratory conditions to recreate the brilliance of rare natural gemstones.

(d) Plated pieces are more fragile and liable to lose their colour over time. The speed at which the plating fades will depend on multiple variables, including chemical products used for skincare, levels of perspiration or even your natural skin PH. For this reason, it is particularly important to take special care of your fine gold plated jewellery and to read and abide by the care instructions delivered with your purchase.

(e) Blue, yellow and red coloured diamonds have been irradiated to achieve their colour. Colour treatments used on diamonds may be sensitive to high temperatures and heat.

14. Intellectual Property Rights
14.1 The materials displayed on this website are protected by copyright and other laws in Australia, and under similar laws and international conventions abroad. You acknowledge and agree that all copyright and other Intellectual Property Rights that may subsist in materials available through or on this website (including text, graphics, illustrations, artwork, photographs, video, music, logos, icons, sound recordings, source code, computer programs, and software) belong to us or to our licensors.

14.2 You must not in any form or by any means (except as expressly authorised by the Copyright Act 1968 (Cth) or these terms and conditions):
(a) use, copy, modify, adapt, reproduce, store, distribute, print, display, perform, publish, transmit in any way, or create derivative works from, any material available through or on this website or any part of this website generally; or
(b) commercialise any material available through or on this website, or any information, goods or services obtained from any part of this website, except in accordance with clause 14.3 or 14.4 below, without our prior written permission.

14.3 All brand, good, trade, and service names used in this website are the trademarks of us or third parties who have licensed us to use such marks. You are not allowed to use or reproduce any such trade marks in the course of trade, and you may only use such trademarks to access, view, or interact with this website for your own personal and non-commercial purposes.

14.4 Unless we agree otherwise in writing, you are provided with access to this website for your personal use, non-commercial use only. You are authorised to print a copy of any information contained on this website for your personal, non-commercial use, unless such printing is expressly prohibited by a notice or other communication on this website. Without limiting the generality of the foregoing, you may not without our prior written permission on-sell or distribute to any other person information obtained from this website.

15. General Warnings
15.1 We may from time to time offer discounts and promotions in respect of our goods and services. The specific terms and conditions of those discounts and promotions will be located on a specific location on our website, however, these terms and conditions apply to those discounts and promotions in addition to any specific terms and conditions and in the event of conflict between any term of those specific terms and conditions and these terms and conditions these terms and conditions shall prevail. The provision of any such offers may be removed from this website at any time in our complete discretion.

15.2 You must ensure that your access to this website is not illegal or prohibited by laws 15ich apply to you. You agree not to use this website for any purpose that is unlawful or to engage in any conduct that may impair or cause damage to the operation of this website whether by way of a virus, corrupted file or through any other means.

15.3 You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system or data.

15.4 Although all reasonable care is taken to ensure that photographs appearing on this website reflect as accurately as possible the actual size of goods, you acknowledge that due to the inherent difficulties with photographing items of jewellery, some goods may appear larger or smaller than their actual size when represented on this website.

15.5 Details contained on this website relating to goods or services have been prepared in accordance with Australian law and may not satisfy the laws of any other country. We do not warrant that the details on this website concerning those goods or services will satisfy the laws of any other country. It is your responsibility to determine whether these details satisfy the laws of the jurisdiction where you reside (if that jurisdiction is outside Australia) and if the details do not satisfy the laws of your jurisdiction, you may not order any goods or services from this website.

16. Linked websites and advertisements
16.1 This website may contain links to other websites ("linked websites"). Those links are provided for convenience only and may not remain current or be maintained.

16.2 We are not responsible for the content or privacy practices of, or on, or associated with, linked websites.

16.3 Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, goods or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.

16.4 We accept not responsibility for the content of any advertisement appearing on this website (including for any hyperlink to an advertiser’s own website). The inclusion of any advertisement on this website does not constitute a recommendation or endorsement by us of the advertiser’s goods and each advertiser is solely responsible for any representations made in connection with its advertisement.

17. Hyperlinking
You must not create any hyperlink, hotlink, inline link, or direct link (each a “hyperlink”) to this website (or any file on this website) or embed any page of (or content on) this website on another website (using a frame, iframe, or otherwise) without our prior written permission in each instance. If you would like to create a hyperlink to this website, please contact us at contactus@medleyjewellery.com.au. If you do create a hyperlink to this website or embed this website, or any part of this website, in another website, you will do so at your own risk and you will be responsible for all losses (whether direct or indirect) that we may suffer as a result of that hyperlink or embedding and by doing so you agree to indemnify us against all claims arising from, or in connection with, that hyperlink or embedding.

18. Privacy Policy
18.1 Our Privacy Policy governs the collection, purpose and use of personal information by Medley Jewellery generally.

18.2 The Collection Statement (a copy of which can be found in our Privacy Policy) for online purchases of goods or services specifically applies to, and governs, the collection of personal information through our online forms used in connection with online purchases of goods or services.

18.3 This Privacy Policy and Collection Statement are compliance documents prescribed by law rather than a legal contract between two or more persons. However, for the purposes of these terms and conditions, you acknowledge and agree that:
(a) you have been provided with access to our Privacy Policy and Collection Statement;
(b) you have read and understood our Privacy Policy and Collection Statement;
(c) you contractually agree to the consents provided by you in the Privacy Policy and Collection Statement; and
(d) nothing in the Privacy Policy and Collection Statement gives rise to contractual obligations on Medley (or its Related Bodies Corporate).

19. How We Handle Emails
19.1 We may preserve the content of any email you send us for our business purposes, including if we believe we have a legal requirement to do so. Your email message content may be monitored by us including for trouble-shooting or maintenance purposes or if any form of email abuse is suspected.

19.2 You consent to receiving communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree to be bound by any agreement reached through electronic communications in terms of the Electronic Transactions Act 1999 (Cth).

19.3 You consent to receiving electronic messages and information sent by us (or on our behalf) for any purposes described in our Privacy Policy or otherwise disclosed to you.

20. Security of Information
20.1 Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we reasonable steps to preserve the security of such information we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk, and you assume all responsibility and risks arising in relation to your use of this website and the Internet.

21. Termination of Access
Access to this website may be terminated at any time by us without notice. Our disclaimers and limitations and exclusions of liability provided in these terms and conditions will nevertheless survive any such termination.

22. Governing Law
To the extent permitted in your local jurisdiction, these terms and conditions are governed by the laws in force in Queensland, Australia. You agree to submit to the exclusive jurisdiction of the Queensland courts and agree that those courts are a convenient forum in which to resolve any dispute arising in relation to these terms and conditions (and any contracts between you and us which arise through your use of this website).

23. General
23.1 We are not liable for any failure by us to comply with these terms and conditions where such failure is due to circumstance beyond our reasonable control.

23.2 If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

23.3 If any of these terms and conditions, or any part of a particular term or condition, is or are held to be invalid, unenforceable or illegal for any reason that unenforceable or illegal term or condition (or part thereof) shall be construed in accordance with applicable law to the greatest extent possible to reflect the original intentions of the parties, and the remaining terms and conditions, or the remaining part of a particular term or condition as the case may be, shall nevertheless continue in full force.

23.4 These terms and conditions are the complete and exclusive agreement between the parties and supersedes all provisions and contemporaneous agreements, proposals and communications with respect to this subject matter.

24. Gift Cards
24.1 Terms of Purchase

Gift Cards expire 3 years from the date of issue, after which it will be invalid and any remaining balance will become the property of Medley. Gift Cards cannot be purchased with a discount code or link. Medley reserves the right to cancel any Gift Card purchased using any discount(s) or obtained illegally, including any transaction where such Gift Card is used. Please treat the Gift card like cash. Lost or stolen cards will not be replaced or refunded. Cannot be exchanged for cash or refunded or used to buy another Gift Card, or used to make payment on a credit account, unless required by law. Redeemable online at www.medleyjewellery.com.au. No change will be given, but the balance may be applied to future purchases. Gift Cards can only be used to make purchases up to the initial Gift Card amount, or the remaining balance. If your purchase exceeds the balance on the Gift Card, you must pay the excess using another payment method. Goods purchased using the Gift Card are subject to Medley’s exchange or returns policy. Where you are eligible for a refund, to the extent that you paid for goods using a Gift Card, you will be refunded by way of Gift Card. You will not be sent statements or transactions on your Gift Card. To check the balance or expiry date please contact us at contactus@medleyjewellery.com.au. Gift Card amounts are issued in Australian Dollars (AUD).

25. Complimentary Locket Printing Service

25.1 Images for Lockets

Some of our locket products are offered with a complimentary image printing service, where we will deliver your locket with an image (or images) displayed in the locket. For this service: (a) images will be printed in black and white only on 250gsm photo paper (this is not waterproof); you may only provide us with images that you own or have licence to use for this service; (c) offensive, explicit, branded or inappropriate images/orders will not be accepted. Acceptance is at the absolute discretion of Medley; (d) all images will be viewed by Medley; (e) no warranty or guarantee is provided with the image quality including resolution or cropping; minor scratching may occur as we add your images to the locket; (f) we may keep your images for up to 6 months before deletion. We recommend you upload high quality and high resolution images. Once your piece has been customised with engraving or images it cannot be returned unless faulty.

26. Lasted - Permanent Jewellery Service

In these terms and conditions, the expressions "Medley", “Medley Jewellery”, "we", "us" and "our" are a reference to Medley Jewellery Pty Ltd ABN 82 168 235 514.

Definitions

Lasted Jewellery means the chain purchased by you for the purposes of the Service.

Service means the permanent jewellery service offered from time to time by Medley at its Chadstone pop-up store.

Service Fee means the amount payable for the welding service performed to create your Lasted Jewellery.

26.1 Terms
These terms and conditions apply to Lasted Jewellery and any services or transaction/s completed as part of the Lasted Jewellery service.

By booking a Lasted Jewellery Service, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must refrain from booking a Lasted Jewellery Service.
These terms and conditions must be read in conjunction with any other applicable terms and conditions published by Medley, including but not limited to the Medley Returns Policy and Privacy Policy.

26.2 Bookings, deposit and payment

The Lasted Jewellery Service is available to customers who are aged 13 years or over. Customers below the age of 18 can use the Lasted Jewellery Service on the condition that an adult, who is capable of presenting valid identification to demonstrate their age, is present during the appointment and enters into a waiver on their behalf.
You can book a Lasted Jewellery Service appointment through Medley’s online booking portal or see our instore team for assistance.
You agree to make a deposit of $50 at the time of booking your appointment.
Unless the appointment cancellation or no-show clause applies or if you cannot demonstrate your age or a guardian is not present on your behalf, you agree that the deposit will be deducted from your final cost on the day.
We will send you a booking confirmation that contains important details relating to your scheduled Lasted Jewellery Service, including the location of the Medley store.
Please ensure your details, including email address and mobile number, are correct at the time of making your booking.
Your deposit can be transferred to a new time slot should you reschedule with the required time (see clause 14 and 15 below).
You agree to make payment for your Lasted Jewellery Service on arrival at the Medley store for your scheduled service.
You agree that the cost of the chain used for your Lasted Jewellery is separate from the Last Jewellery Service Fee and is payable on the conclusion of your appointment.

26.3 Cancellation and no-shows

Your deposit will be refunded if you cancel your Lasted Jewellery Service at least 24 hours before your scheduled appointment time.
Your deposit will not be refunded and will be payable to Medley if:
you cancel your Lasted Jewellery Service within 24 hours of your scheduled appointment time; or
you fail to arrive at the Medley store within 15 minutes of your scheduled appointment time.
You can reschedule your appointment through our online booking portal at least 24 hours before your original appointment time. Your deposit will be transferred to your rescheduled appointment.
We reserve the right to cancel your Lasted Jewellery Service appointment for any reason and at any time. If we do so, you will be provided with a full deposit refund and invited to re-book your appointment via our reservation portal at an appropriate time.

26.4 Warranty

Medley’s 30-day Change of Mind does not apply to Lasted Jewellery or the Service.
Medley offers a 3-month warranty on Lasted Jewellery. If the Lasted Jewellery is eligible to be returned under the warranty, Medley may elect to resolve your issue by replacing or repairing the product, providing you with a clasp version of the product, providing you with an e-voucher for the value of the product (excluding the Service Fee), or providing you with a refund.
You agree that the option to have the Lasted Chain rewelded under the 3-month warranty is only available if:
Medley continues to offer the Lasted Jewellery Service;
You are still in possession of the Lasted Jewellery;
The Lasted Jewellery was broken where the jump ring was closed.
You agree that if the Lasted Jewellery is lost, Medley is unable to replace it for you.
You understand that Lasted Jewellery is enclosed around your wrist using a welding machine and does not comprise a clasp or other fixture that enables you to remove the Lasted Jewellery.
You agree that Lasted Jewellery should be treated as fine Jewellery, is not indestructible and may be damaged through everyday wear and activities which you undertake.
Our goods and services 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 for 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. Nothing in these terms and conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Australian Consumer Law) which cannot by law be excluded, restricted or modified.
Subject to these terms and conditions, Medley agrees to re-weld your Lasted Jewellery if it is removed for reasons out of your control. Please see our Lasted FAQs for more information.

26.5 Liability

You are aware that a welding machine is used when performing your Lasted Jewellery Service. Medley excludes all responsibility or liability for any personal injury, damage, or loss of personal property or otherwise which results or arises from the Service or otherwise relating to the Lasted Jewellery whether caused by the negligence or fault (or either) of Medley, to the fullest extent possible under law.
Medley does not accept liability for any consequential or indirect loss that relates to your Lasted Jewellery or the Service.
You or an adult acting on your behalf under clause 5 agree to enter into a waiver and release form with Medley prior to your reservation in which you release Medley from any liability relating to your Lasted Jewellery Service.

26.6 Privacy

Medley will collect, hold use and disclose your personal information for identity verification purposes and other purposes described in the Medley Privacy Policy in order provide the Lasted Jewellery Service to you. You acknowledge that we may need to contact you for further verification of your identity or to confirm or discuss any details about your Lasted Jewellery Service in accordance with the Medley Privacy Policy.

27. Promotional Terms and Conditions
27.1 Welcome Discount Code

A. Online Redemption Only

Our welcome discount code is sent to customers upon registering to our newsletter and creating an account with Medley Jewellery. Once you have successfully signed up, a one time discount code will be sent to your registered email address. Please note your discount code can take up to 24hrs to arrive into your mail box and is autogenerated by our third party email server, Klaviyo. Each discount code is unique and can only be used once. Our 15% off welcome discount is only applicable on eligible full priced items only (excludes jewellery sets and sale items), with a minimum spend of $150 AUD excluding shipping. Your digital coupon will expire after 30 days of receipt of your discount email. This offer cannot be redeemed against any prior purchase or redeemed for cash and cannot be used in conjunction with any other promotional offer.

B. Pop-Up Instore Redemption Only

Our welcome discount code is redeemed instore upon registering to our newsletter and creating an account at checkout. Once emali is verified at checkout, a one time discount code will be applied to eligible products in your order. Each discount code is unique and can only be used once (either online or instore). Our 15% off welcome discount is only applicable on eligible full priced items only (excludes jewellery sets and sale items), with a minimum spend of $150 AUD. This offer cannot be redeemed against any prior purchase or redeemed for cash and cannot be used in conjunction with any other promotional offer.

27.2 Sign-Up $500 Competition Offer:

$500 sign up competition follows Medley's standard gift card terms and conditions and is eligible for only online only use only. A seasonal promotion, the winner is drawn at random via the pool of subscribed/accepts marketing candidates at the end of the campaign season as set by the Medley team.

Winter promotion period: July 1st- August 4th 2024 - Winner Drawn and notified.

Spring promotion period: August 19th- October 30th 2024

27.3 15% Off Second Order Flyer (Online Redemption Only)

Our unique 15% discount code is sent select customers on a flyer in their order. Our 15% off second order discount is only applicable on eligible full priced items online only (excludes jewellery sets and sale items), with a minimum spend of $150 AUD excluding shipping. Your coupon will expire after 60 days of receipt of your discount. If you have misplaced your discount flyer, unfortunately we cannot provide another. This offer cannot be redeemed against any prior purchase or redeemed for cash and cannot be used in conjunction with any other promotional offer or used in pop-up store locations.

27.4 Miss You Offer

Our unique 'Miss You' discount code is sent to VIP customers. Unique code is sent via email. This discount is only applicable on eligible full priced items online only (excludes jewellery sets and sale items), with a minimum spend of $150 AUD excluding shipping. Your coupon will expire after 30 days from receipt of your discount. This offer cannot be redeemed against any prior purchase or redeemed for cash and cannot be used in conjunction with any other promotional offer or used in pop-up store locations.

27.5 Birthday Offer

Our unique birthday discount code is sent to VIP customers who have added their birthday to their profile. Code is sent via email, 2 weeks before birthday. A birthday voucher is only sent to customers who have provided their complete date of birth at least four (4) weeks prior to actual birthday. Each Member will only receive one (1) birthday voucher in any 365 day period. This discount is only applicable on eligible full priced items online only (excludes jewellery sets and sale items), with a minimum spend of $150 AUD excluding shipping. Your coupon will expire after 30 days from receipt of your discount. This offer cannot be redeemed against any prior purchase or redeemed for cash and cannot be used in conjunction with any other promotional offer or used in pop-up store locations.

27.6 Permanent Markdowns

Prices as marked. Items in our sale section are subject to final markdown and are unable to be returned or exchanged due to change of mind or exchange of size. For product faults please email our customer service team.
Please note, final sale product is not eligible for complimentary engraving.

27.7 Custom and Special Orders

Discounts and offers (including free shipping discounts) are not applicable on special/custom items.

27.8 Rate and Review - Up to $20 Off

After delivery of a order, customer will receive an email requesting a product review. A customer who submits a review after receiving this email, will be sent a further email containing a unique coupon code for $15. When both a review and a photo is submitted, customer will recieve $20 coupon code (total). Review reward codes are only applicable on eligible orders min spend $150 AUD excluding shipping. Discount codes are valid for 30 days and discount code must be added at checkout to redeem. Single use only. This offer cannot be redeemed against any prior purchase or redeemed for cash and cannot be used in conjunction with any other promotional offer.

27.9 Influencer Discount Code

Influencer discount codes are only applicable on eligible full priced items (excludes jewellery sets and sale items), with a minimum spend of $150 AUD excluding shipping. Discount codes are valid for 30 days from initial influencer post/share and discount code must be added at checkout to redeem. This offer cannot be redeemed against any prior purchase or redeemed for cash and cannot be used in conjunction with any other promotional offer.

27.10 Generic Product Flash Sale

Medley reserves the right to discount and promote items at a limited time only either across channels or specific to one platform including Meta, Tiktok and email communications (Klayvio). The discount percentage will be clearly listed on communications and 'limited time' may run for up to three days from execution of communications. Discount will be automatically applied at checkout on selected items and not redeemable against any prior purchase or redeemable for cash. Freight and gift cards excluded. Discount cannot be used in conjunction with any other promotional offer. Please choose wisely, already reduced sale items with an additional discount applied at checkout are final sale and are not eligible for refund or exchange unless faulty.

Current Offers:

Singles Day Sale. 22% off single earrings and charms.

27.11 SINGLES DAY SALE

Name: Singles Day Sale
Offer: 22% off single earrings and charms (in-store and online). Discount applies automatically at checkout. Minimum order of $150 applies.
Promotional Dates: commences 8am AEST Friday 8th November 2024 and ends 5pm AEST Monday 11th November 2024.

T&Cs:

The 22% off* offer is available in-store and online, applicable to single earrings and charm products only, and is at all times subject to our terms and conditions.
Discount applies automatically at checkout.
Selected styles only.
All products featured are subject to availability.
Usual return policy applies.
Offer cannot be extended outside the promotional period.
Offer cannot be combined with other offers, code or promotions and is not applicable to past orders.
Sale will end 5pm AEST Monday 11th November 2024.
Minimum order of $150 applies

28. Competition Terms and Conditions

Medley Jewellery giveaways & competitions are conducted on (but not limited to) Instagram, Facebook and TikTok. For full details please visit our Competition Terms and Conditions here.

Last Updated: 27/09/24