LUCY FOLK TERMS AND CONDITIONS
Lucy Folk Jewellery Pty Ltd ABN 89 163 769 211 (“Lucy Folk Jewellery”, “we”, “us” and “our”)
owns and operates the website known as www.lucyfolk.com (“Website”).
Acceptance of Terms & Conditions
By using this Website, and in consideration of us providing you with access to this Website, you agree to the following terms and conditions, which, together with any terms, notices or policies referenced here, (collectively referred to as “Terms”) govern your access to and use of this Website and any services provided in connection with this Website. Please read these Terms carefully before accessing or using our Website.
If you do not agree to all the Terms, then you may not access the Website or use any services.
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence. You are responsible for maintaining the confidentiality of any account or password and for restricting access to your computer and other devices, and you agree to accept responsibility for all activities that occur from your computer or other devices or under your account or password, including all activities of your minor dependents.
Use of Website
You may not use our Website for any illegal or unauthorized purpose, nor may you violate any laws in your jurisdiction (including but not limited to copyright laws).You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms may result in an immediate termination of your ability to use the Website.
We reserve the right at any time to modify or discontinue the Website (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Website.
We reserve the right to refuse or suspend service and access to the Website to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website, use of the Website, or access to the Website or any contact on the Website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Products and Pricing
Prices shown are in Australian dollars and include GST where applicable. Prices may not include delivery and handling charges. You are liable for all import duties, customs and local sales taxes levied by the country you are shipping to and payment of these may be necessary to release your order from customs on arrival.
Our range of products offered for sale via the Website are subject to change without notice. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time.
Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange only according to our Returns & Refunds Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's or device’s display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer.
Orders, Billing & Delivery
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under corporate accounts, the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.
We reserve the right to limit, prohibit and cancel orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. This right shall exist even after an order has been processed electronically via the Website and payment has been made. Any order that has been prohibited, voided or cancelled shall receive a full refund in the event that payment has been processed prior to the cancellation.
In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
You agree to provide current, complete and accurate purchase, credit card and account information for all purchases made via the Website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Refunds & Returns Policy.
Orders will be processed and shipped as per our Shipping Policy. Anyone at the delivery address who receives the goods shall be presumed to be authorised to receive the goods on your behalf.
If there is no-one at the delivery address at the time of delivery you may need to make alternate arrangements regarding a suitable time with the carrier. You may be required to pay an additional fee in this instance.
Risk and title in the goods passes to you upon delivery of the goods to the delivery address.
You must not provide to us or make available by the Website any images or personal information of another person unless you have their consent.
Errors, Inaccuracies and Omissions
Occasionally there may be information on our Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in our Website is inaccurate at any time without prior notice (including after you have submitted your order).We undertake no obligation to update, amend or clarify information in our Website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Website should be taken to indicate that all information in Website has been modified or updated.
Changes to the Website and Terms
We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website. Any new features or tools which are added to the current Website shall also be subject to these Terms.
You can review the most current version of the Terms at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our Website at any time without notifying you. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website following the posting of any changes to these Terms constitutes acceptance of those changes.
“Lucy Folk” and its associated logos are trade marks of Lucy Folk Jewellery Pty Ltd ("Trade Marks"). All material on this Website, including the text, information, graphics, photographs, logos, design, layout, downloads, pricing, products, and services ("Content") is owned by or licensed to us. You must not reproduce, transmit, adapt, distribute, sell, modify, publish or store Content or Trade Marks for any purpose other than with our prior written consent, or as permitted by law. All our rights are reserved.
Trade marks used on this Website to describe third parties and their products are trade marks of those third parties.
Linking and Third Party Content
You must not link to, frame or mirror any part of the Website without our written authorisation.
The Website may contain links to or display the content of third parties ("Third Party Content"), including links to websites operated by other organisations and individuals ("Third Party Websites"). Third Party Content and Third Party Websites are not under our control. We do not endorse, approve or make any warranty or claim regarding Third Party Content, Third Party Websites or the products, services or information available on any Third Party Website, or in respect of the owner or operator of a Third Party Website or their conduct. If you use or rely upon Third Party Content or Third Party Websites, you do so solely at your own risk.
In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Website or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability, or for any other reason; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape or use any method or process for the purpose of obtaining, processing, copying, replicating, distributing, reconfiguring, republishing, analysing or repacking the Content; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent the security features of the Website or any related website, other websites, or the Internet; (l) for commercial purposes (including for competitive advantage or to our competitive disadvantage, or to discover pricing or related business methodology or systems); (m) in any way that interferes with, disrupts, or creates an undue burden on the Website or our employees, including transmitting large amounts of untargeted, unwanted or repetitive content. We reserve the right to terminate your use of the Website for violating any of the prohibited uses.
Disclaimer of Warranties
We do not guarantee, represent or warrant that your use of our Website will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Website will be accurate or reliable. You agree that from time to time we may remove access to the Website for indefinite periods of time or cancel the access at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk.
By accessing our Website, you assume all risks associated with its use, including but not limited to the risk that your computer, software or data may be damaged by any virus transmitted by this Website or by and Third Party Content or Third Party Website.
The service and all products and services delivered to you through the Website are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind other than those required by law. Our products 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 products repaired or replaced if the products fail to be of acceptable quality and the failure does not amount to a major failure. For further information, please review our Returns & Refunds Policy. Other than as set out above and to the extent permitted by law, we exclude all other liability to you or anyone else for loss or damage of any kind (however caused or arising) relating in any way to this Website.
You agree to indemnify, defend and hold us, together with our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees (each an "Indemnified Party"), harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. We hold the benefit of this indemnity for Lucy Folk Jewellery and on trust for each Indemnified Party.
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms are effective unless and until terminated by either you or us.
You may terminate these Terms at any time by notifying us that you no longer wish to use our Website and by ceasing all further use of the Website. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or we may deny you access to our Website (or any part thereof).
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on this Website constitute the entire agreement and understanding between you and us and govern your use of the Website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
These Terms and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the State of Victoria, Australia.
Questions about the Terms should be sent to us via our contact information on the Website.
Lucy Folk Jewellery Pty Ltd ABN 89 163 769 211 (“Lucy Folk Jewellery”, “we”, “us” and “our”)
owns and operates the website known as www.lucyfolk.com (“Website”).
We recognise the importance of safeguarding your personal information.
Your privacy is important to us and we want to manage your personal information in a professional and responsible manner.
The Australian Privacy Principles
The Privacy Act sets standards for the way we must deal with personal information by regulating:
- the way we collect your personal information;
- the way we use and disclose it;
- our data quality and security for storage of your personal information;
- any direct marketing we conduct;
- your right of access and correction of your personal information;
- how we handle any privacy complaints; and
- any international transfer of information.
Collection of Personal Information
Personal information is any information or opinion about you (whether true or not), which either identifies you or from which your identity can reasonably be determined.
We only collect your personal information where that personal information is necessary for one or more of our functions or activities.
The types of personal information we collect may differ depending on your relationship with us. The personal information we collect includes:
in the case of the general public contacting our customer services wishing to make a complaint, provide feedback, submit an enquiry, request a call-back or request a product replacement - your full name, physical address, email address and/or phone number/s;
in the case of the general community of supporters and subscribers who wish to be kept informed of our latest business news, promotions, events or products – your full name, physical address, email address and/or phone number/s;
in the case of customers purchasing our products via our Website - your full name, physical address, email address, phone number/s and credit card details; and
- in the case of general users of our Website – your computer’s internet protocol (IP) address in order to collect aggregate information on how visitors are experiencing the Website and better adapt the Website to suit personal requirements.
Collection of Sensitive Information
Sensitive information is personal information that includes information about your:
- racial or ethnic origin;
- political opinions;
- membership of a political association;
- religious beliefs or affiliations;
- philosophical beliefs;
- membership of professional or trade associations or trade unions;
- sexual orientation or practices;
- criminal record;
- health; or
- biometric information.
Sensitive information has extra protection under the law. In general, we do not collect sensitive information about you. We will only collect this information if it is necessary to do so and you have consented to its collection, or otherwise in accordance with the Privacy Act.
For example, if you report a health concern or issue related to our products, we would ask you for details of any illness or injury you have suffered and other health related details.
We will not use or disclose your sensitive information other than as allowed by the law or with your consent.
Can you choose not to disclose your personal information?
If you contact us to make a general inquiry about our business or products, you do not have to identify yourself or provide any personal information unless you require us to get back in touch with you at a later stage or if you would like us to send you further information or
You can also notify us that you wish to deal with us by not identifying yourself or using a pseudonym. However, if we are not able to collect personal information about you we may not be able to provide you with the products, services, information or assistance you require.
For example we will not be able to send you information about our products if you have not provided us with a valid email address or phone number.
How we collect your personal information
We collect personal information from you in the following ways:
- when you contact our customer services in person, via telephone or email;
- when you agree or sign up to a promotion, or to receive our newsletter or other marketing communications, updates and materials;
- when you complete your purchase order details in our online store;
- when you browse through our Website; and
- as otherwise required to manage our business.
We will only collect personal information by lawful and fair means and not in an unreasonably intrusive way. Where it is reasonably practical to do so, we will collect your personal information directly from you. We may use third party service providers to collect and store personal information on our behalf. Where appropriate, we will request that the third party inform you that we are holding such information, how we will use and disclose it, and that you may contact us to gain access to and correct and update the information.
How secure is my personal information?
We take reasonable steps to protect your personal information from misuse or unauthorised disclosure, including where appropriate limiting access to such information to internal employees on a need-to-know basis and using password protected servers.
If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.
However, when submitting any personal information about yourself on the internet, it is important to note that internet security is not absolute. We take reasonable steps as required by the Privacy Act to ensure that our Website is protected from outside intrusion, and we encourage you to make sure your computer is adequately protected. If you post personal information on our Website, we will consider that you have consented to the collection of this information.
Use of your personal information
We will use your personal information for the primary purpose for which it was collected.
This will vary depending on the nature of your relationship with us, for example:
in the case of the general public contacting our customer service function – the primary purpose would be to respond to your complaint, feedback, enquiry or to send you information or replacement products;
in the case of our general community of supporters or subscribers – the primary purpose would be to keep you informed of our latest business news, direct marketing initiatives, promotions, events or products or to receive newsletters and updates;
in the case of customers purchasing our products via our online store – the primary purpose would be to enable us to complete your order and to keep you informed of future online store promotions and direct marketing initiatives;
- in the case of general users of our Website – the primary purpose would be to identify specific machines in order to collect aggregate information on how visitors are experiencing the Website and better adapt the Website to suit personal requirements.
We will only use personal information beyond the primary purpose where it is related to that purpose, where you consent to the further use or where it is otherwise permitted by law.
Do we disclose your personal information to third parties?
When you provide your personal information to us it may be transferred to our service providers.
The types of persons and organisations to whom we may disclose your personal information include the following:
organisations with whom we have arrangements or agreements for the purpose of promoting our products or services and any agents used by us in administering such arrangements or agreements;
our employees, agents, logistics providers, contractors and external advisers who carry on our functions and activities or who assist us to carry on our functions and activities from time to time;
organisations who are contracted by us to perform certain services, including to maintain our website;
our legal advisors, when needed; and
- other parties to whom we are authorised or required by law to disclose information.
We will not sell or share your personal information with any other company for that company’s direct marketing services.
For clarity, we may share your personal information to our service providers who may use the personal information for direct marketing services on our behalf. However, we will not share your personal information with other companies for the purpose of those companies marketing their own products to you unless we specifically ask for and receive your permission to do so.
Do we transfer your personal information overseas?
From time to time, the third parties referred to in the section above may also be located overseas.
In particular, we may engage an overseas recipient to provide services to us such as cloud-based storage solutions. Please note that the use of overseas service providers to store personal information will not always involve a disclosure of your personal information to that overseas provider.
By providing us with your personal information, you consent to the transfer of the information overseas and the storage of the information on overseas servers. You acknowledge that APP 8.1 will not apply to such disclosures.
For the avoidance of doubt, in the event that an overseas recipient breaches the APPs, that entity will not be bound by, and you will not be able to seek redress under, the Privacy Act.
Can you remove your personal information from our records?
If you do not wish to receive ongoing promotional news or information about our products and services, you can request to be withdrawn from our contact list or marketing database at any time by contacting us using the contact information on this Website.
Once you have made this request, we will remove your personal details and will no longer send you any direct marketing communications.
How long will we keep your personal information?
In general, we will retain and use your personal information to communicate with you indefinitely until you “opt out” of these communications by informing us that you no longer wish to receive such communications.
With regard to other personal information, such as credit card details, we will destroy or de-identify personal information once it is no longer needed for a valid purpose or required to be kept by law.
Links to Other Sites
Accessing and amending your personal information
Under the Privacy Act you have rights to access and correct personal information that we hold.
You may request access to the personal information we hold about you and seek the correction of such information by contacting us using the contact information on this Website.
To access your information is generally a free service. Sometimes, we may ask that you send your request to us in writing to assist us. On occasion, if further more detailed personal information is in our archives, a small fee may be charged to cover the cost of obtaining the information for you. We will inform you of any charges payable upon your request.
We aim to respond to requests for access to personal information within thirty (30) days.
The Privacy Act does permit us to deny you access to your personal information in certain circumstances, including if:
- there is current or pending litigation regarding the personal information;
- the request is frivolous;
- permitting access would be in breach of the law;
- providing the information would pose a threat to health or public safety; or
- providing the information would interfere with another person's privacy.
Any denial of a request for access to personal information will be accompanied by a written explanation setting out our reasons for doing so.
Where any information is not accurate, up-to-date or complete, you can request that the information be amended. We are not obliged to correct any of your personal information if we do not agree that it requires correction and may refuse to do so. If we refuse a correction request, we will provide you with a written notice stating our reasons for refusing.
In some instances where it is not practical to update your personal information, we may choose to note your desired changes and place them together with the original personal information on our records.
Enquiries and Complaints
If you wish to access or correct your personal information, or if you have any concerns or enquiries about how we deal with your personal information, you should contact us using the contact information on the Website.
We take all complaints seriously and will respond to your complaint within a reasonable period.
If you are dissatisfied with the handling of your complaint, you may contact the Office of the Australian Information Commissioner:
Office of the Australian Information Commissioner
GPO Box 5218
Sydney NSW 2001
Telephone: 1300 363 992