Terms of service

Overview

Welcome to Edmonds & Pearce! The terms "we", "us" and "our" refer to Edmonds & Pearce. Edmonds & Pearce operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Edmonds & Pearce is powered by Shopify Inc., Shopify Commerce Singapore Pte. Ltd or Shopify International Limited, depending on where Edmonds & Pearce is located, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these "Terms of Service") describe your rights and responsibilities when you use the Services. Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our privacy policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services. These Terms of Service do not limit any rights you may have under applicable consumer protection laws or any other non-waivable statutory rights.

1. Access and account

You may browse the Edmonds & Pearce website without creating an account.

When placing an order, you must be at least 18 years of age or have the consent of a parent or legal guardian who is authorised to make the purchase.

To purchase jewellery through our website, you may be required to provide information including your name, email address, billing details, payment information and delivery address.

You agree to provide accurate, current and complete information so that we can process your order and communicate with you where necessary.

If you create an account, you are responsible for maintaining the confidentiality of your login details and for notifying us promptly if you become aware of any unauthorised access.

You must not use our website for unlawful or fraudulent purposes.

Nothing in this section limits your rights under Australian Consumer Law or other applicable legislation.

2. Our products

At Edmonds & Pearce, we take care to present our jewellery accurately through detailed descriptions and photography.

Our collection includes antique, vintage and individual pieces, each with its own character, history and distinctive qualities. Due to their age and previous ownership, some pieces may display signs of wear, previous repairs or other characteristics consistent with their history. We endeavour to disclose significant details about each piece's condition in its product description.

We make every effort to ensure that product photographs accurately represent the jewellery offered for sale. However, colours and appearance may vary slightly depending on lighting, screen settings and the device used to view our website.

As many of our pieces are one of a kind, availability is limited. We reserve the right to withdraw a product from sale or correct errors in product information or pricing, subject to applicable law.

Nothing in this section excludes, restricts or modifies your rights under Australian Consumer Law, including consumer guarantees relating to product quality, description and fitness for purpose.

3. Orders

When you place an order through Edmonds & Pearce, you are making an offer to purchase the selected jewellery at the price displayed at checkout. Your order is subject to acceptance and availability.

Many of our pieces are antique, vintage or one of a kind. While we take care to ensure our website accurately reflects availability, there may be rare occasions when an item is no longer available or an order cannot be fulfilled.

We reserve the right to decline or cancel an order where reasonably necessary, including where an item is unavailable, an error has occurred in the product information or pricing, or we are unable to verify the information provided. If payment has already been received for an order we cannot fulfil, we will provide a full refund.

Please review your order and delivery details carefully before completing your purchase. If you wish to request a cancellation or amendment, please contact us as soon as possible. We will endeavour to assist, although changes may not be possible once your order has been accepted or preparation has commenced.

Orders requiring resizing or other agreed alterations may require additional preparation time before dispatch.

All purchases are subject to our Returns and Refunds Policy. Nothing in these Terms of Service limits or excludes your rights under Australian Consumer Law.

Delivery is available within Australia only, in accordance with our Delivery Policy.

4. Prices and Billing

Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email.

All prices displayed on our website are in Australian dollars (AUD) and include GST where applicable. Any additional delivery charges will be clearly displayed before you complete your purchase.

We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms of Service. If there is a conflict between the terms for a promotion and these Terms of Service, the promotion terms will govern.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made through our website. You agree to promptly update your account and other information, including your email address and payment details, so that we can complete your transactions and contact you as needed.

You confirm that you are authorised to use the payment method provided and that the payment information you submit is accurate and complete.

You agree to pay the total amount displayed at checkout, including any applicable delivery charges.

5. Delivery

We take great care in preparing and dispatching every order. Delivery timeframes are estimates and may vary due to circumstances outside our reasonable control.

We are not responsible for delays caused by circumstances beyond our reasonable control, including carrier disruptions, severe weather or other unforeseen events. Nothing in this section excludes or limits any rights or remedies available to you under Australian Consumer Law.

Please refer to our Delivery Policy for further information regarding dispatch, delivery and shipping arrangements.

6. Intellectual property

The content on the Edmonds & Pearce website, including our branding, logos, text, product descriptions, photography, graphics and website design, is owned by or licensed to Edmonds & Pearce and is protected by applicable Australian intellectual property laws.

All content is provided for personal, non-commercial use. You may browse our website and view its content for the purpose of learning about our jewellery and making purchases.

You must not reproduce, distribute, modify, publish or use our website content for commercial purposes without our prior written permission, except where permitted by law.

The purchase of jewellery from Edmonds & Pearce does not transfer ownership of any intellectual property rights associated with our website content, branding or product photography.

Any third-party trademarks, logos or other intellectual property displayed on our website remain the property of their respective owners.

All rights not expressly granted are reserved.

7. Third-Party Services

Our website may include features or services provided by third parties, including payment processing, checkout functionality and other tools designed to support your shopping experience.

These services may be subject to the terms, conditions and privacy policies of their respective providers.

While we take reasonable care in selecting services used on our website, we cannot guarantee that third-party services will always operate without interruption or technical issues.

We may introduce, update or discontinue website features and third-party services from time to time.

Nothing in this section excludes, restricts or modifies your rights under Australian Consumer Law or any other applicable legislation.

8. Third-party links

Our website may contain links to websites or services operated by third parties.

These external websites are not controlled by Edmonds & Pearce, and we are not responsible for their content, accuracy, availability or privacy practices.

We recommend reviewing the terms and privacy policies of any third-party website before providing personal information or making a purchase.

Any purchases or transactions made directly through independent third-party websites are subject to the terms of those providers.

Nothing in this section excludes, restricts or modifies any rights or remedies available under Australian Consumer Law or other applicable legislation.

9. Relationship with Shopify

The Edmonds & Pearce website is powered by Shopify, which provides the ecommerce platform and technology used to operate our online store.

When you browse our website or place an order, certain information may be processed through Shopify's systems to support the operation of our store, including checkout and payment functionality.

All purchases made through our website are transactions between you and Edmonds & Pearce. We are responsible for fulfilling your order and meeting our obligations as the seller under applicable Australian law.

Shopify provides the underlying ecommerce platform but is not the seller of the jewellery offered by Edmonds & Pearce.

Information about how personal information is collected, used and disclosed is available in our Privacy Policy.

Nothing in this section excludes, restricts or modifies any rights or remedies available under Australian Consumer Law or other applicable legislation.

10. Privacy policy

Your privacy is important to Edmonds & Pearce. Our Privacy Policy explains how personal information is collected, used, stored and disclosed when you visit our website or make a purchase.

Our website is hosted by Shopify, which processes certain personal information to support the operation of our online store, including checkout, payment processing, security and fraud prevention.

Information may also be shared with trusted third-party service providers where necessary to operate our website, process orders and provide our services. Some of these providers may process or store information outside Australia.

For further details about how your personal information is handled, please refer to our Privacy Policy and Shopify's Privacy Policy.

Nothing in this section limits any rights you may have under applicable Australian privacy laws.

11. Feedback

We welcome feedback, reviews and suggestions from our customers regarding their experience with Edmonds & Pearce.

If you choose to provide feedback or a review, you confirm that it reflects your genuine experience and does not knowingly contain false, misleading, unlawful or inappropriate content.

You retain ownership of any original content you submit. By submitting feedback for publication on our website, you grant Edmonds & Pearce a non-exclusive, royalty-free licence to display, reproduce and share that feedback in connection with our website and customer reviews, subject to applicable law.

We will seek any additional permissions required before using identifiable customer feedback, photographs or personal information for separate advertising or promotional purposes.

We reserve the right to moderate or remove feedback from our website where reasonably necessary, including where it is unlawful, fraudulent or inappropriate. We will not selectively remove genuine reviews simply because they are negative.

Nothing in this section excludes, restricts or modifies your rights under Australian Consumer Law or applicable privacy legislation.

12. Errors, inaccuracies and omissions

We take care to ensure that information on the Edmonds & Pearce website is accurate and up to date. However, occasional errors or omissions may occur in product descriptions, pricing, availability, delivery information or other website content.

We reserve the right to correct inaccuracies, update information or withdraw products from sale where reasonably necessary, subject to applicable law.

As many of our jewellery pieces are one of a kind, availability may occasionally change before our website is updated.

If an error affects an order you have placed, we will contact you to explain the situation and discuss the available options. If we are unable to fulfil your order, or cancel it because of an error, we will provide a full refund of any amount paid.

Nothing in this section excludes, restricts or modifies your rights or remedies under Australian Consumer Law or other applicable legislation.

13. Prohibited uses

You agree to use the Edmonds & Pearce website lawfully and responsibly.

You must not use our website to:

• Engage in unlawful, fraudulent or misleading activities.

• Infringe the intellectual property rights, privacy or other legal rights of Edmonds & Pearce or any third party.

• Harass, threaten, abuse or impersonate another person.

• Submit false or misleading information, including fraudulent payment or order details.

• Distribute spam, malicious software, viruses or other harmful material.

• Attempt to gain unauthorised access to our website, customer accounts or associated systems.

• Interfere with the security, functionality or normal operation of our website.

• Copy, reproduce or commercially exploit website content without permission, except where permitted by law.

• Use automated tools to access, extract or collect website content or customer information without authorisation, except where permitted by law.

We reserve the right to restrict or suspend access to our website where reasonably necessary to protect our business, customers or systems, subject to applicable law.

Nothing in this section excludes, restricts or modifies any rights or remedies available under Australian Consumer Law or other applicable legislation.

14. Agents

Our website may be accessed by automated software or digital agents acting on behalf of customers or other parties.

Any automated access to the Edmonds & Pearce website must comply with applicable laws, these Terms of Service and any reasonable technical restrictions we implement.

Automated systems must not misrepresent their identity, bypass website security measures, access restricted information without authorisation or interfere with the normal operation of our website.

We reserve the right to restrict or block automated access where reasonably necessary to protect our website, customers, business operations or security.

Nothing in this section excludes, restricts or modifies any rights or remedies available under Australian Consumer Law or other applicable legislation.

15. Termination

We reserve the right to suspend or restrict access to our website where reasonably necessary, including in cases of suspected fraud, unlawful activity, misuse of our services or threats to website security.

Where appropriate, we will endeavour to provide notice of any suspension or termination.

Termination of access to our website does not affect any existing rights or obligations relating to orders already placed, including our obligations under Australian Consumer Law.

Any provisions of these Terms of Service that are intended to continue after termination will remain in effect to the extent permitted by law.

16. Disclaimer of warranties

We take care to describe and present our jewellery accurately, including its condition, characteristics and any significant signs of age or previous wear.

Antique and vintage jewellery may display characteristics consistent with its age and history. Where these characteristics are disclosed before purchase, they do not, by themselves, constitute a fault.

While we endeavour to ensure the accuracy of information provided through our website, we do not guarantee that access to our website will always be uninterrupted or error free.

Nothing in these Terms of Service excludes, restricts or modifies any consumer guarantees, rights or remedies available under Australian Consumer Law.

17. Limitation of liability

Edmonds & Pearce takes reasonable care to ensure that our website, product descriptions and services are accurate, reliable and presented with care.

We are not responsible for losses arising from circumstances beyond our reasonable control, including temporary website interruptions, technical issues or disruptions to third-party services, except where liability cannot lawfully be excluded.

To the extent permitted by law, Edmonds & Pearce is not liable for indirect or consequential losses arising from the use of our website or services.

Nothing in these Terms of Service excludes, restricts or modifies any rights, consumer guarantees or remedies available under Australian Consumer Law or any other applicable law.

Where a product or service fails to meet a consumer guarantee, we will provide the remedies required by applicable law.

18. Indemnification

You agree to use the Edmonds & Pearce website lawfully and in accordance with these Terms of Service.

To the extent permitted by law, you agree to indemnify Edmonds & Pearce against reasonable losses, damages and expenses arising from third-party claims directly caused by your unlawful conduct, fraudulent activity or intentional misuse of our website.

This obligation does not apply to the extent that a loss or claim arises from the actions, omissions or negligence of Edmonds & Pearce or its service providers.

Nothing in this section excludes, restricts or modifies any rights, consumer guarantees or remedies available under Australian Consumer Law or other applicable legislation.

19. Severability

In the event that any provision of these Terms of Service 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 of Service, such determination shall not affect the validity and enforceability of any other remaining provisions. Nothing in these Terms limits any rights you may have under applicable consumer protection laws or other laws that cannot be waived by contract. If any part of these Terms conflicts with those rights, those rights will apply.

20. Waiver; entire agreement

If Edmonds & Pearce does not exercise or enforce a right under these Terms of Service, this does not mean that we have waived that right.

These Terms of Service, together with our Returns and Refunds Policy, Delivery Policy, Privacy Policy and any other applicable policies published on our website, set out the terms governing your use of our website and purchases from Edmonds & Pearce.

Nothing in this section excludes or overrides any rights, representations or remedies that cannot lawfully be excluded, including those available under Australian Consumer Law.

21. Assignment

You may not transfer your obligations under these Terms of Service to another person without our prior written consent, except where permitted by law.

Edmonds & Pearce may transfer its rights or obligations under these Terms of Service as part of a legitimate business restructure, sale or transfer of the business, provided that doing so does not diminish your rights or protections under applicable law.

Nothing in this section restricts your rights under Australian Consumer Law or other applicable legislation.

22. Governing law

These Terms of Service are governed by the laws of Queensland, Australia, and any applicable Commonwealth laws.

Any disputes arising in connection with these Terms of Service will be subject to the jurisdiction of the courts of Queensland, Australia, except where applicable law provides otherwise.

Nothing in these Terms of Service excludes, restricts or modifies any rights or remedies available to consumers under Australian Consumer Law or other applicable legislation.

23. Translations

These Terms of Service are written in English. If a translation is made available, it is provided for convenience.

In the event of any inconsistency between the English version and a translated version, the English version will prevail to the extent permitted by applicable law.

Nothing in this section limits any rights or protections available under Australian Consumer Law or other applicable legislation.

24. Headings

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

25. Electronic communications

By using the Services or placing an order, you agree that we may send you transactional and service-related communications electronically, including by email, in-account notice, or posting on the Services. These communications may relate to your orders, account, purchases, returns, these Terms of Service, or other Services-related matters. You are responsible for keeping your contact information current.

26. Changes to Terms of Service

You can review the most current version of these Terms of Service at any time on this page.

Edmonds & Pearce may update or amend these Terms of Service from time to time by publishing the revised version on our website.

Where required by applicable law, we will provide notice of material changes.

Any changes will apply prospectively and will not alter the terms of an order already accepted by Edmonds & Pearce, unless agreed with the customer or otherwise permitted by law.

Your continued use of our website after updated Terms of Service take effect constitutes acceptance of those changes to the extent permitted by applicable law.

Nothing in this section excludes, restricts or modifies your rights under Australian Consumer Law or other applicable legislation.

27. Contact information

For enquiries regarding these Terms of Service, please contact Edmonds & Pearce at hello@edmondsandpearce.com.au.

Further contact information is available through the Contact page on our website.