WEBSITE TERMS & CONDITIONS

Eye Wall Pty Ltd as trustee for Eye Wall Trust ABN 71 991 516 781 (“Eyewall”, “Eyewall Jewellery”, “we”, “us”, “our”) has its registered office at Level 7, Brookfield Tower 2, 123 St Georges Terrace, Perth, Western Australia. This website www.eyewall.com.au (“Website”) is owned and operated by Eyewall. By using this Website you signify your agreement to the following terms, conditions and policies (the “Terms”).

Changes to the Terms

We may update or amend the contents of the Website at any time, including the Terms. By continuing to use or access our Website, you agree to be bound by any updates or amendments to the Terms.

Privacy Policy

The personal information we collect and the ways in which we may use that information is governed by our Privacy Policy. By using this Website, you agree to our Privacy Policy.

Products and Pricing

Prices are shown in Australian dollars (AUD) and include GST, where applicable.

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

Prices may not include delivery and handling charges or applicable taxes and duties.

You are liable for all import duties, customs and local sales taxes levied in the country you are shipping to and payment of these may be required before your order is released from customs.

We make every effort to ensure our products are represented as accurately as possible in the product photographs. However, colours can appear differently on different monitors and devices, so we cannot guarantee that there will not be slight differences or variations in colour, including the gemstones.

Orders and Delivery

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.

No contract for the sale and purchase of those goods shall be formed between you and us until we accept your order. Acknowledgment of receipt of your order does not constitute acceptance of your order. A contract does not arise until you receive a shipment confirmation email from us.

You must provide all required information or we may not be able to process your order.

All orders are subject to the availability of goods. We may reject or cancel any order due to unavailability of any good.

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.

Once we have accepted your order, you may not cancel that order.

Orders will be processed and shipped according to these Terms. Anyone at the delivery address who receives the goods shall be presumed to be authorised to receive the goods on your behalf. Risk and title to the goods passes to you upon delivery of the goods to the delivery address.

If there is no one at the delivery address at the time of delivery, you may need to make alternative arrangements with the carrier to receive the parcel. You will be required to pay any additional fees incurred as a result of redelivery. 

Shipping - Australia 

We offer complimentary Express Post shipping on all items shipped within Australia.

Items are shipped by Express Post via Australia Post, with a signature required on receipt. We do not ship to PO Boxes. We may use alternative carriers instead of Australia Post.

Orders will be shipped once payment to Eyewall has cleared. We do not ship on weekends or Western Australian public holidays. You will receive a confirmation email once your order has been dispatched.

We will not be responsible or liable for anything that happens to any order once it is delivered.

If no one is at home at the time of delivery, you may need to make alternative arrangements with the carrier for redelivery. You will be required to pay for any additional fees for redelivery.

Shipping - International

We offer complimentary shipping on items shipped internationally. Please contact us at hello@eyewall.com to arrange shipping on international orders.

International orders may be subject to local duties and taxes, as determined by the local customs authority in your country. We are not able to estimate the duties and taxes payable; please contact your local customs authority for more information.

Eyewall is not liable for shipping, duties or taxes paid on returns from international orders.

Delays associated with customs clearance procedures may cause delivery time estimates to be exceeded.

Payment Methods

We accept the following payment methods:

Visa, Mastercard, American Express, Paypal

You shall pay for your orders using the online transactions facilities provided via the Website and consent to charge your payment card account for the total price of the goods ordered and the applicable delivery fees (if any) at the time the goods are dispatched.

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.

Returns and Refunds

Eyewall accepts the return of unworn and unused items in their original condition (including packaging and certification/valuation documents) for a refund within 14 days of delivery for a full refund, subject to the terms set out below. 

Online purchases can only be returned for a refund via post to Eyewall. Online purchases are not eligible for exchange.

The cost of return post must be paid by the customer (unless the item is faulty).  You remain liable for postage and return parcels until they are received by Eyewall.

No returns or exchanges are available for custom pieces or special orders. Eyewall will not accept returns or exchanges for pieces that have been altered in any way by a third party. Any Eyewall purchases made through one of our stockists must be returned to the original point of purchase and is subject to the returns policy of that stockist.

To initiate a return, please email hello@eyewall.com within 14 days of receiving your order with your order reference number and reason for requesting a return.

Returns must be sent via registered post to:

Eye Wall Pty Ltd
583 Stirling Hwy
Cottesloe, WA 6011 

Please allow 7 days for processing your refund once your item has been received by Eyewall. Eyewall reserves the right to deny a return if it does not meet our returns policy.

Please direct any questions or concerns regarding our Return Policy to hello@eyewall.com.

Faulty Items

All goods purchased from the 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.

The goods will not be of acceptable quality if such goods are not fit for all the purposes for which goods of that kind are commonly supplied; are not acceptable in appearance and finish; have defects; are unsafe; or are not durable.

If you receive an item that is not of acceptable quality, please contact our Customer Service team at hello@eyewall.com to arrange return via post for assessment. If the item is deemed to be not of acceptable quality, a repair or replacement will be issued. A refund will be issued if the item cannot be repaired or replaced.

Eyewall will cover the cost of return postage for items that are not of acceptable quality.

It is important that you consider and follow the recommended care instructions for your precious Eyewall pieces.

This clause excludes, to the extent permitted by law, damage due to ordinary wear and tear, misuse, accident, abuse, alteration, substitution, improper repair or warranty service performed by someone other than us or our authorised repairers, theft, disappearance, loss (including lost stones) or any other type of use causing deterioration.  In such situations, the item will not be considered for replacement or refund and you will be responsible for any costs.

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

Trademarks and Intellectual Property

Eyewall and its associated logos are trademarks of Eye Wall Pty Ltd (“Trademarks”).

All materials on this Website, including products, designs, images, photographs, logos, illustration, graphics, icons, texts and other materials (“Content”) is owned by or licensed to Eyewall. Further, all copyright and other rights (including, without limitation, intellectual property rights) in and to the Website and the material on the Website are owned by Eyewall.

You are not authorised to sell, reproduce, distribute, communicate, modify, publish or store any Content or Trademarks without our prior written consent, which may be withheld in the absolute discretion of Eyewall (except as permitted by applicable law). All rights are reserved.

Linking and Third-Party Content

The Website may contain links to other platforms or websites operated by other individuals and organisations (“Third Party Websites”) and may display content of third parties (“Third Party Content”). The inclusion of any link to Third Party Websites or any Third Party Content on our Website does not imply endorsement by Eyewall of those sites or that content. Eyewall is not responsible for the content or accuracy, nor makes any warranty or claim regarding Third Party Websites or Third Party Content. If you use or rely upon Third Party Content or Third Party Websites, you do so solely at your own risk.

Eyewall does not authorise any linking to its Website without our prior written consent.

Limitation of Liability

We take care that the information we provide is accurate and complete. However, occasionally there may be information on our Website that contains errors, inaccuracies or omissions and Eyewall does not warrant or represent that the information and Content on our Website is accurate, error-free or reliable or complete.

We reserve the right 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 any third party for any modification, price change, suspension or discontinuance of the Website.

Eyewall does not guarantee or warrant that your use of the Website will be uninterrupted, secure or error-free. Your use of the Website is at your sole risk. Eyewall shall not be liable for any damage to your computer, software or data for any reason, including but not limited to any virus transmitted by this Website or any Third Party Website or Third Party Content.

Everything on the Website is provided to you “as is” and “as available”, without representation, warranties or conditions of any kind other than those required by law.

Other than guarantees you are entitled to under Australian Consumer Law, we exclude all other liability to you or anyone else for loss or damage of any kind arising from the use of this Website and its Content. 

Termination

You agree that Eyewall may terminate or suspend your access to and use of the Website without notice if Eyewall, in its sole discretion, believes you have violated or acted inconsistently with these Terms, or violated the rights of Eyewall.

We reserve the right to modify or discontinue the Website without notice at any time, and Eyewall will not be liable to you or any third party as a result of such modification or discontinuation.

General Provisions

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 under your account and password.

You may not use our Website for any illegal or unauthorised purpose.

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

If any provision of these Terms is determined to be illegal, invalid or unenforceable, that 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. 

These Terms constitute the entire agreement and understanding between you and us in relation to the Website, and replace and extinguish all prior agreements, arrangements, undertakings or contracts of any nature made by the parties, whether oral or written.

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.

Applicable Law

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 Western Australia, Australia. Any dispute in relation to these Terms or your access or use of the Website will be the exclusive jurisdiction of the Courts in Western Australia. 

Privacy Policy

Eye Wall Pty Ltd ("Eyewall") is committed to safeguarding your personal information and protecting your privacy. This Privacy Policy sets out how we will protect your privacy rights in the collection, storage, use and disclosure of your personal information.

We may update this policy from time to time, and recommend you check this page regularly to ensure you are updated of any changes.  By using the Website, you consent and agree to this Privacy Policy.

We collect and hold personal information in order to perform our business requirements.  If you cannot or will not provide us with personal information, you may not be able to use our services to the fullest extent.

Collection and Use of Personal Information

We may collect the following personal information about you:

• Name;
• Contact information including email address, physical address and phone numbers;
• Information about your preferences and interests;
• Purchase details and payment information including credit card details;
• Certain automatic information collected when you visit our platform (Cookies).

We may collect your personal information in the following ways:

• When you contact our customer services in person, via telephone or email;
• When you agree to sign up to a promotion, or to receive our newsletter or other marketing communications or materials;
• When you complete a purchase through our Website;
• When you browse our Website;
• From social media networks;
• As otherwise required to manage our business.

We will only collect personal information by lawful and fair means. We may use third party service providers to collect, store and use personal information on our behalf.

We may use the information we collect about you to:

• Manage and fulfil purchase orders, facilitate delivery and provide after-sales services;
• Improve our products and services, including our Website;
• Manage our accounts and records;
• Respond to your enquiries and requests;
• Verify your identity;
• Send service related communications including administrative messages such as order and shipping confirmations;
• Send you promotional and marketing communications (including emails) relating to us and other third party partners that we think may be of interest to you and where you have opted in to this communication preference.

We may also use personal information for other purposes which are related to those listed above and which will be made clear to you at the time of collection or for such other purposes permitted by law.

We will only ask for and use relevant personal information necessary to conduct our business. All information collected is for the sole purpose and use of Eyewall.

Security

We take reasonable steps to prevent unauthorised access or disclosure of your personal information, and have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect. 

We will review and update our physical and data security measures in light of current technologies. Unfortunately, no data transmission over mobile data and communication services can be guaranteed to be totally secure.

In addition, our employees and contractors who provide services related to our information systems are obliged to respect the confidentiality of any personal information held by us.

We will do everything reasonably within our power and control to prevent unauthorised use or disclosure of your personal information. However, we will not be held responsible for events arising from any unauthorised use or access to your personal information.

Linking to Third Party Websites

The Website may contain links to other platforms or websites operated by other individuals and organisations (“Third Party Websites”) over which we have no control. Eyewall cannot be held responsible for the protection or privacy of any information that you provide to Third Party Websites that may be linked to our Website. Our Privacy Policy is strictly limited to our Website and you should check the privacy policy of any Third Party Websites when accessing those websites.

Access and Accuracy of Personal Information

We will take reasonable steps to ensure that your personal information that we collect, use or disclose is accurate, complete and up-to-date. However, the accuracy of the information held by us largely depends on the accuracy of the information that you supplied to us. If at any time you discover that any information concerning you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us to correct the information.

Your privacy is very important to us and we take the matter very seriously. If you have any concerns about your privacy or how your personal information is being handled, please contact us at hello@eyewall.com. We will take steps to address your concerns and we aim to provide you with a written response within 21 days (and in any event within 30 days). If you have a genuine reason to access your personal information held by us, we will give access to the information in the manner you requested, if it is reasonable and practicable to do so.

Marketing 

From time to time, we may send emails containing marketing materials or promotions of our products and services to you. By your use of the Website, you consent to us doing so. You may unsubscribe from email marketing communications at any time by contacting us using the contact information on this Website or clicking the ‘unsubscribe’ link in any marketing emails.

Disclosure of Personal Information

We may disclose your personal information to third parties but only on a needs basis. These third parties may include:

• our agents, consultants or contractors;
• marketing providers and promotional agencies;
• our related entities;
• our professional advisers;
• credit reporting agencies;
• transport or mail houses.

We may use third party service providers to collect, store and use personal information on our behalf. For example we may disclose personal information to a service provider who may use the personal information for direct marketing services on our behalf.

We will not sell, distribute or lease your personal information to third parties without your consent or unless we are required to do so by law.

Some third parties may be located in overseas countries where Australian law does not apply.

Cookies

Like many websites, Eyewall logs IP addresses and uses cookies and similar technologies that allow us to recognise you and customise your experience, and provide us with information about the way our visitors access our Website.

A cookie is a small text file which is placed on your computer’s hard drive for a pre-defined period of time. We use cookies to identify specific computers (but not individuals) in order to collect aggregate information on how visitors are experiencing the Website. The information collected via cookies allows us to provide you with a better website that better suits your personal preferences. 

We may engage third parties to analyse the information collected by cookies or perform statistics about usage of the Site. Sometimes, cookies may collect and store your Personal Information. We treat such information in the same manner as other Personal Information that you provide to us.

You can deactivate the cookies by resetting your web browser to refuse all cookies or to indicate when a cookie is being sent. However, the Site and our services may not function properly if you disable the cookies.

Contact Us 

If you have any further queries relating to our Privacy Policy or you have any comments or feedback, please contact us at via email at: hello@eyewall.com.

Further Privacy Information

For more information about privacy issues in Australia and protecting your privacy, visit the Australian Government, Office of the Australian Information Commissioner website http://www.privacy.gov.au