Terms and Conditions
1. Terms of Access
(1) Your purchase of goods from this Website is subject to these Terms and Conditions of Sale ("Terms"). If you do not accept these Terms, you must refrain from using this website or making a purchase from this website.
(2) Anton Australia Pty Ltd ACN 070 452 069 (trading as "Anton Jewellery"), of 9 / 750 Blackburn Road, Clayton, Victoria, 3168 ("us", "our", "we", "Anton"), carries on business from the Website.
(3) The goods and services described in this website are available from Anton only.
(4) You and Anton may enter into a sale contract for the sale and supply of products and services described in this Website, by you making an offer to Anton via the website, to purchase the goods and services at the specified price, subject to these Terms.
(5) In these terms:
- (a) "you" or "user" means anyone who visits and/or uses this Website;
- (b) reference to a "third party" in these terms includes a reference to any agent or contractor of Anton or of any of their related bodies corporate, and any person engaged by any of them, in the creation, provision or maintenance of the website or in the fulfillment of Orders made through the website, and includes any of them;
- (c) a reference to the "Website" means www.antonjewellery.com.au;
- (d) a reference to “Intellectual Property” Rights means all intellectual property rights including all current and future registered and unregistered rights in respect of copyright, designs, circuit layouts, trade marks, 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.
- (e) "Order" means an offer made by you in response to an invitation to treat made by Anton via the Website.
2. User Agreement
(1) By accessing and/or using the Website, you accept these Terms and agree to be bound by them, and an agreement is formed between us and you.
(2) These Terms may be amended at any time without notice and your access to this Website may be terminated at any time without notice. Your continued use of the Website following such amendment of these Terms will represent an agreement by you to be bound by these Terms as amended.
(3) We recommend you review the terms for amendments each time you use the website and before placing any Order. Should we choose to provide you with notice of amended terms, you agree to receive email notification of the amendments from us or our third party.
3. Use of Material on Website
(1) Except for the limited use set out herein, you may not use the Website, or the material contained on it, for any purpose. This involves:
- (a) the reproduction of the material in any material form;
- (b) the distribution of the material in any material form;
- (c) re-transmission of the material by any medium of communication;
- (d) uploading or reposting the material to any other site on the Internet; and
- (e) “framing” the material on the Website with other material on any other website.
The above are unlawful in any jurisdiction and are specifically prohibited by these Terms.
4. Legal Capacity
(1) You must be eighteen (18) years of age or over to purchase products from the website.
(2) Any Order and/or purchase made by you using this Website is an acknowledgement by you that you:
- (a) are over the age of eighteen (18) years;
- (b) accept these terms;
- (c) agree that you have entered into a legal contract with Us in relation to these terms; and
- (d) these terms, together with your order, constitute the entire agreement between you and Us for the supply of products.
(3) We reserve the right to take legal action and seek compensation from the parent or guardian of a minor who causes an order to be placed, for any loss or damage We may suffer as a result of a transaction entered into by a minor.
5. Orders
(1) Once an Order has been accepted, no cancellation of that Order is valid unless you receive our written communication endorsing the cancelled order.
(2) Your online Order must be paid for in full before we can begin arrangements for the supply of the products to you.
(3) Representations of products for sale made by Us via the website do not constitute an offer to sell but an invitation to treat.
(4) You may enter into a contract with Us for the sale and supply of products by you making an offer via the Website to purchase a product at the price advertised on the website by:
- (a) placing an electronic Order for the products using the Website;
- (b) you confirming the Order details in accordance with the procedure on the Website;
- (c) you making payment in full (plus any applicable delivery charges) on the Website; and
- (d) the acceptance of that offer by us.
(5) When entering into a sale contract via the Website, you will be taken to have communicated your offer to purchase the product(s) only when:
- (a) any requirements set out in these terms have been met;
- (b) the electronic instruction containing the offer from you enters and is recorded in our database;
- (c) a record is created and stored in our database; and
- (d) we receive in our account full payment from you for the product (including any applicable delivery and handling charges) and confirmation of that payment is received by our database.
(6) You acknowledge that:
- (a) the transmission of your offer or the confirmation of any payment, made through an electronic instruction may not be received by Us for reasons beyond either parties' reasonable control including but not limited to, electronic failure, mechanical, software, computer, or telecommunications, or the omission or failure of third party website providers or systems;
- (b) to the extent permitted by law, We are not liable to you in any way for any loss or damage at all and however caused, arising directly or indirectly in connection with the transmission of an electronic instruction through the website, or any failure to receive an electronic instruction for whatever reason;
- (c) We may act on and process all completed electronic instructions transmitted or issued through the website without further consent from or reference to you; and
- (d) We may treat an electronic instruction as authentic and is under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy and completeness of such electronic instructions.
(7) We may, in our sole and absolute discretion, accept or reject any offer made by You for any reason (or no reason), including an error in the advertised price for, or description of, the products on the website, or an error in your Order.
(8) Any representations made about stock availabilities are accurate to the last known stock level and are subject to change. If We cannot supply a particular product, We will notify you by telephone or email as soon as possible.
(9) We will be deemed to have accepted your Order on the first to occur of issue to you by email of a tax invoice for the sale and the fulfilment of your Order.
6. Price
(1) Prices shown are in Australian dollars and include GST where applicable. Prices are subject to change.
(2) Each published saving in respect of a product is by reference to the lower of the recommended retail price of the manufacturer or Our normal ticketed price.
(3) We reserve the right to correct any errors published on the website.
7. Payment
(1) All payments must be made in full prior to dispatch.
(2) Payments must be made via the secure payment gateway facilities accessible via the website and will be subject to any terms and conditions of third party providers.
(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.
8. Supply and Delivery
(1) Subject to you complying with these Terms and acceptance of your Order by Us, We will sell and supply the products to you as shown on your Order confirmation.
(2) Goods purchased online from this Website are eligible for free delivery to addresses within Australia only. We use reputable couriers to deliver such goods.
(3) The applicable delivery fees for delivery outside of Australia are available from the preferred delivery contractor by using the following link: [INSERT LINK TO FEDEX WEBSITE].
(4) 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 timeframe we will endeavour to contact you and advise you of the expected dispatch date.
(5) We recommend that all deliveries are instructed to require your signature upon delivery, however 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.
(6) 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.
(7) 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.
(8) 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 relevant delivery agent, you assume full responsibility for and risk in the goods.
(9) Some products may not be available for immediate delivery. We will endeavour to deliver your Order within the lead time indicated at the time.
(10) If we are unable to deliver your Order within 10 business days of receipt of your Order, due to lack of stock, you may cancel your Order without charge, and We will arrange for a full refund of any payment made by you to be processed.
(11) Delivery times may be greater than 10 business days for regional or remote areas within Australia or overseas.
(12) Delivery dates are estimates only and we are unable to accept any liability for failure to deliver the products within the specified time resulting from shipment/delivery delays from our suppliers.
(13) If a signature is required upon delivery and there is no one available to accept delivery on a pre-arranged delivery date, you will be charged for transport and re-delivery costs.
(14) We will use its best endeavours to deliver your Order within any stated timeframes for dispatch, however We do not warrant that these timeframes will always be met, as many factors may affect these timeframes.
(15) We cannot and will not accept responsibility for delivery failures or delays by our third party delivery contractor.
(16) You are required to inspect your products when you take delivery of them. You will be required to note any damage on the delivery documentation which is presented to you by the carrier for signature. In all other cases you will be required to notify us in writing of any damage or shortages within seven (7) calendar days of delivery.
9. Orders for Collection In-Store
(1) The terms of this clause 11 apply where you select to collect your Order from our Store.
(2) If you select to collect your goods from in Store, we will contact you by telephone or email to notify you when the Order is available for collection.
(3) Orders for collection in Store must be collected within 21 days of giving you notice by telephone or by email that your Order is available for collection. If your Order is not collected within this time, we have the right to allocate those goods to another customer and reorder the goods for you.
10. Title and Risk in Goods
Title and risk in the products, such as loss and damage, pass to you on delivery or collection, as the case may be.
11. Paypal and Credit Card Fraud
(1) The website employs the secure payment gateway to secure our payment systems.
(2) To the extent permitted by law, We will not be responsible for any damages or consequential losses (whether direct or indirect) suffered by a user where a credit card or PayPal account is fraudulently used or is used in an unauthorised manner.
12. Disclaimer and Indemnity
(1) To the extent permitted by law, we exclude all liability to you or anyone else for loss or damage of any kind (however caused or arising) relating in any way to the website including, but not limited to, loss or damage you might suffer as a result of:
- (a) errors, mistakes or inaccuracies on the website;
- (b) you acting, or failing to act, on any information contained on or referred to on the website and/or any linked website;
- (c) personal injury or property damage of any kind resulting from your access or use of the website;
- (d) any unauthorised access to or use of the websites secure servers;
- (e) any interruption or cessation of transmission to or from the website;
- (f) any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through the website by any third party; and/or
- (g) the quality or fitness for any purpose of any linked sites.
(2) Except as expressly provided in these terms, and to the fullest extent allowed by the law, Anton and its third parties will not be liable for any direct, indirect, special, incidental or consequential damages arising out of your access to or use of the website.
(3) You will at all times indemnify, and keep indemnified, Anton and each of their related bodies corporate, including their directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by any of them arising from any claim, demand, suit, action or proceeding by any person against you or them where such loss or liability arose out of, in connection with or in respect of your conduct or breach of these terms.
(4) This clause is not intended to exclude or limit any rights which you may have under the Competition and Consumer Act 2010 (Cth).
13. Order Enquiries
If you have any query about the progress of your Order please contact our Team. Please have your Order number handy as shown on the email confirmation.
14. Returns and Exchanges
(1) All of our Anton items are handmade using the most exceptional quality materials. If for some reason you would like to make a return we are here to help.
(2) Items may not be returned to us without prior authorisation and arrangements.
(3) Please email enquiries@antonjewellery.com for your return authorization and instructions for the items you wish to return.
(4) Please note that due to health and safety reasons, we cannot accept the change of mind return of earrings, unless the item is damaged or defective due to a manufacturing fault.
(5) We will gladly offer an exchange or credit to the value of the piece(s) provided you contact us to arrange return authorization and instructions within 14 days of the dispatch date.
(6) To receive an exchange, goods must be in original condition with no damage, scratches or signs of wear. All packaging and certificates must be returned and accompanied by a valid proof of purchase.
(7) Claims stating goods are faulty or wrongly described must be made within 14 days of sale or such further time as is reasonable with regard to the terms of any manufacturer's guarantee and warranties implied by legislation.
(8) We will not be responsible for ensuring that the products are suitable for a particular purpose unless it is self evident or is made known to us.
(9) 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) The goods may be considered to 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 of acceptable quality in appearance and finish (having regards to industry standards);
- (c) have defects; or
- (d) are unsafe.
Made-to-Order or Bespoke Creation items
(11) No change of mind exchange or refund is available on any Made-to-Order or Bespoke Creation items.
(12) Minimum cancellation charge for a Made-to-Order or Bespoke Creation item is 50% of the sale price of the items purchased.
15. Privacy and Personal Information
(1) Your "personal information" (as defined by the Privacy Act 1988 (Cth)) will only be used by Us in relation to services contemplated and offered by Us. We will only disclose such information to third parties with your prior written permission or to the extent specifically required by law.
(2) Personal information We may receive from you may include:
- (a) your first name;
- (b) your last name;
- (c) entity details (if any);
- (d) your personal phone number(s);
- (e) email address(es);
- (f) and/or your address.
(3) We may use your Personal Information to:
- (a) respond to your enquiries and fulfill your requests;
- (b) send administrative information to you, for example to process your payments, communicate with you regarding your purchase or session bookings and provide you with related customer service;
- (c) to send you details of opening hours, schedule changes and notifications, price updates, changes to terms and conditions;
- (d) to send you marketing information that We believe may be of interest to you, such as to send you newsletters, new products, specials and promotions, workshops, membership offers;
(4) We will retain your Personal Information for as long as needed to provide the applicable Services to you, unless a longer retention period is required or permitted by law.
(5) We may collect personal information directly from you when you register as a member of the website, when you place an Order, or when you contact us.
(6) Your personal information is not collected if you only browse this website.
(7) You may request Us to remove your personal information from its database by emailing us at enquiries@antonjewellery.com
16. Force Majeure
We will not be liable for any delay in performing any of our obligations if such delay is caused by circumstances beyond our reasonable control, including but not limited to, failure of or interruption in the provision of essential services such as electricity supply, bank payment systems or postal deliveries.
17. Governing Law
(1) These terms will be governed by and interpreted in accordance with the laws of Victoria, Australia and you irrevocably submit to the non exclusive jurisdiction of the Courts of Victoria, Australia. If any provision of these terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of this agreement, which will continue in full force and effect.
(2) If you access the website in a jurisdiction other than Victoria, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply. We make no representations that the content of the website complies with the laws of any country outside Australia.
18. Severability
If any part of these terms are found to be void, invalid, unlawful or unenforceable then that provision or part will be deemed to be severed from these terms and the remaining terms and provisions of these terms will remain in force and constitute the agreement between you and Anton.
19. Transfer and Assignment
If Anton merges, sells or otherwise change control of its business or this website to a third-party, Anton reserves the right, without giving notice or seeking consent, to transfer or assign the personal information, content and rights that Anton has collected from you and any agreements it has made with you.
20. Waiver
The failure by Anton to exercise or enforce any right or provision under these terms will not constitute a waiver of such right or provision. Any waiver of any provision under these terms will only be effective if it is in writing and signed by Us.
21. Lay-By Terms
- A minimum deposit of 30% is required.
- Lay-bys can be held for up to 90 days with regular payments made.
- If instalments are not paid as outlined in this agreement, your deposit will be considered in breach after 14 days' notice. If no payment is made within this period, it will be treated as a cancellation and you will forfeit the goods along with a 30% cancellation fee.
- Pay later payment methods are not accepted for Lay-by payments
Failure to make Payment
In accordance with the Australian Consumer Laws, we may elect to terminate any contract to purchase goods for failure to make reasonable installment payments per the agreed payment schedule. We will make reasonable effort to contact the purchaser to renegotiate arrears payment schedules. Failure to do so will result in termination of the contract and a fee of 30% of the total amount of the item will be withheld from any refunds. All such transactions will be conducted under the guidelines of The Australian Consumer Laws.
22. Refund and Returns Policy
- Please choose carefully - refunds are not accepted for change of mind.
- We offer a 14-day exchange policy for items of equal value or store credit. To qualify for an exchange, products must be in their original condition, free from damage, scratches, or signs of wear. All packaging and certificates must be returned along with a valid proof of purchase and identification.
- Claims stating goods are faulty or wrongly described must be made within 14 days of sale or such further time as is reasonable. Guarantees under the Australian Consumer Law apply to any item which is faulty, requires repair or is significantly different from the item described.
- No refund or exchange on sale items.
23. Made-to Order/Bespoke Creation/Repairs & Remodelling Terms
MADE-TO-ORDER
- A minimum deposit of 50% is required.
- No exchanges or refunds on Made-to-Order purchases.
- The minimum cancellation fee for a Made-to-Order purchase is 50% of the item(s) sale price and is non-refundable.
- Delivery dates are estimates only and we are unable to accept any liability for failure to deliver the products within the specified time, resulting from shipment/delivery delays from our local and International workshops.
BESPOKE CREATION
- A minimum deposit of 50% is required.
- No exchanges or refunds on Bespoke Creations.
- For cancellation of Bespoke items that have been modified and designed based on your specifications, the cancellation fee will be 100% of the agreed price.
RE-MODELLING
- A minimum deposit of 50% is required.
- No exchanges or refunds on re-models.
- For cancellation of re-modelling where items belonging to you have been modified or worked on by ANTON at your instruction, the cancellation charge is 100% of the agreed price.
REPAIR SERVICE
- A minimum deposit of 50% is required.
- Quotes for repairs will be communicated within 5-10 business days.
- Most general services are completed within 2-4 weeks upon approval of the quote. Intricate repairs may experience a longer timeframe.
- Any representation by ANTON in-store staff and/or information provided on your receipt of the jewellery repair is broad in nature and shall not be relied upon by you, the customer.
- A thorough assessment and testing phase will be conducted by our qualified ANTON experts at head office prior to the repair(s) commencing.
- ANTON accepts no responsibility or liability for jewellery, metals and gemstones that are chipped, cracked, fractured, worn, damaged or non-authentic.
- ANTON ’s craftspeople will undertake the repair to the best of our ability based on the condition of the piece.
24. Ordering Products
Once an order has been accepted, no cancellation of that order is valid unless you receive our written communication endorsing the cancelled order. Your deposit is NOT REFUNDABLE and a store credit will remain available only if the goods ordered specifically for you have not been manufactured.
25. Paying for Products
We require a deposit equal to 50% of the total value of the products ordered before we can begin arrangements for the repair, manufacture or supply of the products to you. The balance of the invoice is payable prior to delivery.
26. Failure to Make Payment
In accordance with the Australian Consumer Laws, we may elect to terminate any contract to purchase or repair goods for failure to make reasonable installment payments per the agreed payment schedule. We will make reasonable effort to contact the purchaser to renegotiate arrears payment schedules. Failure to do so will result in termination of the contract and a percentage fee of the total amount of the item will be withheld from any refunds. These percentage fees are stipulated under each term. All such transactions will be conducted under the guidelines of The Australian Consumer Laws.
27. Delivery of Products
Delivery dates are estimates only and we are unable to accept any liability for failure to deliver the products within the specified time resulting from shipment/delivery delays from our suppliers. Delivery times will be arranged with you in advance. If there is no one available to accept delivery on the pre-arranged delivery date, you will be charged for transport and re-delivery costs. You are responsible for ensuring that there is adequate access and entry to your premises to allow delivery of the products.
28. Inspection of Products
You are required to inspect your products when you take delivery of them. You will be required to note any damage on the delivery documentation which is presented to you by the carrier for signature. In all other cases you will be required to notify us in writing of any damage or shortages within seven (7) calendar days of delivery. We will not be liable for any damage to any of the products unless we are notified within the time period specified above.
29. Uncollected Repair Items
In the event that an item is left for repair or alteration but not collected by you, we will follow the following procedure:
- (a) Customer will be notified, using the contact details provided once the item is ready to be collected;
- (b) If the item is not collected within 30 days, we will notify you in writing using the contact details provided to us by you;
- (c) A holding fee may be charged for items not collected within 30 days;
- (d) If the item is not collected, and all costs and holding charges paid within a further 180 days, we may sell the item at public auction. Any money left over from the sale price, after payment of all costs, charges and sale fees will be treated as unclaimed money pursuant to the Unclaimed Money Act 2008.
30. Right to Return Products
Unless goods are faulty, and we are duly notified as outlined above, we are unable to refund, exchange or credit your account.
31. Our Liability
We will not be responsible for ensuring that the products are suitable for a particular purpose unless it is self evident or is made known to us. If you are a consumer, then nothing in these terms and conditions will affect your statutory rights.
32. Purple Promise® Guarantee
Every ANTON creation is meticulously crafted with the highest quality materials, exceptional design standards and unparalleled craftsmanship to uphold our responsibility of excellence and ensure every piece is a timeless keepsake.
From design conception to the finished piece, ANTON pledges that the upmost care, consideration and precision is implemented into every creation and the guaranteed satisfaction of the ANTON experience is globally enjoyed.
From our family to yours, that is the ANTON difference and our Purple Promise® to you.
Your ANTON jewellery is covered for manufacturing defects for two years from the purchase date. Visit www.antonjewellery.com for more information.
33. Warranty
Coverage: Our jewellery comes with a warranty that covers manufacturing defects for a period of two years from the date of purchase. This includes issues such as:
- Loose stones
- Broken clasps
- Manufacturing defects
Exclusions: The warranty does not cover:
- Damage caused by accidents, misuse, or neglect.
- Normal wear and tear, including scratches and tarnishing.
- Modifications or repairs made by third parties without prior authorisation from ANTON.
Claims Process: To make a warranty claim, please:
- Contact us within the warranty period.
- Provide proof of purchase and a detailed description of the issue.
- Return the item for inspection.
34. Aftercare
To maintain the beauty and integrity of your fine jewellery, we recommend the following care practices:
Cleaning:
- Clean your jewellery regularly with a soft, lint-free cloth.
- For deeper cleaning, use warm soapy water and a soft brush. Avoid harsh chemicals or ultrasonic cleaners.
Storage:
- Store your jewellery in a dry, cool place, preferably in a soft pouch or a separate compartment in your jewellery box to prevent scratching.
Avoid Exposure:
- Remove jewellery before engaging in activities that may cause damage, such as swimming, exercising, or using cleaning products.
- Keep your jewellery away from extreme temperatures and humidity.
Regular Inspections:
- We recommend having your jewellery inspected by ANTON at least once a year to ensure stones are secure and settings are intact.