Terms And Conditions – Serendipity Jewelry Store

Online Store Terms

Legal documents
The online store made available at the URL serendipityjewelry.com.au (Serendipity Jewelry Store) is operated by CardRodri Pty Ltd ABN 31 654 472 205 (Serendipity Jewelry, We or Us), a company registered in Australia.

Serendipity Jewelry believes strongly in protecting the privacy of its users and customers.
By purchasing products from the Serendipity Jewelry Store (Products), you acknowledge that all personal information that you supply to Serendipity Jewelry in connection with your purchase of a Product will be collected, used, disclosed and managed by Serendipity Jewelry in accordance with its privacy policy, a copy of which is available at www.serendipityjewelry.com.au/privacypolicyaustralia. Your purchases of Products from the Serendipity Jewelry Store will be governed by the following terms and conditions of Sale, including any other terms and conditions which may notified to you at the time of placing your order, for example, Gift with Purchase terms and conditions (Sales Terms).
Please read these Sales Terms carefully before ordering any Products from the Serendipity Jewelry Store.

By ordering Products, you agree to be bound by these Sales Terms.
In addition to the Sales Terms, by ordering any Products via the Serendipity Jewelry Store you acknowledge and agree that your use of the website at serendipityjewelry.com.au will be governed by:

the website terms, included on this page (“Website Terms of Use”); and you agree to comply with those Website Terms of Use and you consent to Serendipity Jewelry’s use of cookies on your device in accordance with the Cookie Policy.

1. About these Sales Terms
BEFORE PLACING AN ORDER FOR PRODUCTS YOU MUST READ AND AGREE TO BE BOUND BY THESE SALES TERMS.
IF YOU ARE UNABLE TO AGREE TO THESE SALES TERMS YOU MAY NOT PROCEED TO PURCHASE ANY PRODUCTS FROM THE Serendipity Jewelry Store.
These Sales Terms apply to all orders for and purchases of Products made from the Serendipity Jewelry Store.
Serendipity Jewelry may revise these Sales Terms from time to time. Any changes to these Sales Terms will be effective on the date on which they are posted on the
Serendipity Jewelry Store.
Serendipity Jewelry will communicate with you electronically by email when you order and purchase Products from the Serendipity Jewelry Store.

2. Your account
If you create an account (personal user identification or username) on the Serendipity
Jewelry Store you are responsible for:

maintaining the confidentiality of your username and password;
restricting access to your password; and all activities and each purchase that occurs under your account unless thoseactivities or purchases are carried out by an unauthorised third party who has gained access to your account other than by reason of your negligence orcarelessness.

You warrant that the Products purchased under these Sales Terms from the Serendipity Jewelry Store are being purchased for personal use (not commercial use) and will not be resold or resupplied.

3. Placing an Order
To be able to buy Products you must:

read and accept these Sale Terms;
provide your name and address, phone number, email address, payment details and other required information;
provide a delivery address within Australia (Note: Serendipity Jewelry is unable to deliver to certain addresses, including but not limited to, P.O. Box addresses, overseas army addresses, some hotels, hostels or prisons); and
be aged 18 years or over, be legally capable of entering into binding contracts and the owner or authorized holder of a valid debit/credit card, if paying for the Products with a debit/credit card.

You may place an order by clicking on the “ADD TO BAG” button and proceeding to the checkout page.
You will be provided with an opportunity to review your order, read and accept the Sales Terms, check the total price of your order and the information you have provided, and correct any input errors before confirming your order. Serendipity Jewelry will not be responsible for any delay or failure to process your order if it is not completed properly or accurately.
If you place any Products in your Bag and accept our Sales Terms but do not complete your order (including if you do not provide your shipping or payment details or if you close your internet browser window before completing the order process), you agree that we may send you one or more emails reminding you that you have an uncompleted order and prompting you to visit our online store to complete your purchase.

4. Delivery Locations The Serendipity Jewelry Store currently only ships to addresses within Australia. We will do our best to deliver world wide but it is not warrant that we will be able to offer the service.

5. Order Processing and Contract Formation

Once you have submitted and confirmed your order using the Serendipity Jewelry Store, Serendipity Jewelry will send an email to the email address you provided, acknowledging receipt of the order and setting out details of the ordered Products (Order Receipt Confirmation Email).
The products on the product pages of the Serendipity Jewelry Store are not an offer to sell but an invitation to treat only. Serendipity Jewelry may choose to reject all or part of an order in Serendipity Jewelry’s sole discretion for any reason, including without limitation in the case of abnormal orders and orders which Serendipity Jewelry suspects are not placed in good faith or for personal use, or orders in response to incorrect offers on the Serendipity Jewelry Store made as a result of human, system or technology error (including errors in the image, description or price).
Serendipity Jewelry may from time to time impose quantity restrictions or limits on the Products you can order. Any quantity or total value restrictions will be stated on the Serendipity Jewelry Store or communicated to you at the time of placing your order or otherwise communicated to you. If Serendipity Jewelry rejects an order Serendipity Jewelry will refund any money paid for that order.
After receiving your order, Serendipity Jewelry will check that the ordered Products are available. A separate contract for the sale of the ordered Products between you and Serendipity Jewelry on these Sales Terms will be formed when Serendipity Jewelry emails you confirming that all or part of the order is available and has been dispatched (Shipment Confirmation Email). The contract is formed on sending the Shipment Confirmation Email whether or not you receive such email. You are encouraged to download, save and print a copy of your Order Receipt Confirmation Email, Shipment Confirmation Email and
these Sale Terms for your records.
The contract will only relate to those Products which have been despatched and are listed in the Shipment Confirmation Email. Serendipity Jewelry will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Shipment Confirmation Email.
If you would like to cancel your order after you have received your Shippment Confirmation Email, please see the Returns and Refunds section below.

6. Prices, Shipping and Handling, Charges and Taxes
The price charged for a Product will be the price in effect at the time your order is placed and will be set out in the Order Receipt Confirmation Email and in your Shipping
Confirmation Email. If you place additional or separate orders after receiving the Order Receipt Confirmation you will incur additional shipping and handling charges for such additional orders.
The Products, prices and promotional offers (if any) made on the Serendipity Jewelry Store only apply to orders placed on the Serendipity Jewelry Store and may be different from those available in physical stores selling Serendipity Jewelry products.
If there is a pricing error, whether on the Serendipity Jewelry Store or in an Order Receipt Confirmation Email or otherwise, then to the extent permitted law Serendipity Jewelry has the right to correct such error and charge the correct price or cancel the order. If the actual price is more than the amount shown on your Order Receipt Confirmation Email Serendipity Jewelry will contact you with the correct price before processing your order, and your sole remedy if such error occurs is to cancel your order.
You acknowledge that even after Serendipity Jewelry has sent you a Shipping Confirmation Email, if the pricing error is obvious and could have reasonably been
recognised by you as a misprice, then Serendipity Jewelry is under no obligation to provide a Product to you at an incorrect (lower) price.
Prices for the Products include GST or other applicable taxes but do not include charges for shipping and handling.

Separate charges for shipping, handling and their related GST or other taxes will be shown in your Order Receipt Confirmation Email and can be viewed on a summary screen prior to finalizing your order.

Prices for Products and for shipping and handling may be changed at any time without notice to you, but changes will not affect orders in respect of which we have already sent you a Shipping Confirmation

Promotional Codes

From time to time promotional codes may be offered to the public or individual customers. To redeem a promotional code, the code should be entered during check out (of a valid transaction) when prompted. Unique promotional codes can only be used by intended recipient and cannot be transferred to another customer. Discount cannot be used in conjunction with any other offer including other promotional codes and/or gift with purchase promotions. Promotional codes cannot be used for the purchase of a Serendipity Jewelry Gift Card or eGift Card. Promotional codes are not valid for redemption in Serendipity Jewelry stores and cannot be exchanged for cash. Promotional codes cannot be used retroactively on orders that have already been placed. Delivery charges are excluded from the calculation of % off discount promotional codes.

7. Payment
Payment must be made by one of the methods you have selected during the checkout process (being VISA, MasterCard, American Express, PayPal, AfterPay, Apple Pay or gift card). The name on the credit card must be the same as the name of the person placing the order.
If Serendipity Jewelry does not receive the authorization that the payment has been processed Serendipity Jewelry reserves the right to cancel your order.
The value of your purchase will be settled from the applicable card when the order is placed.
If your credit card payment cannot be processed you will be notified of this on the Serendipity Jewelry Store. You will then need to contact the card issuer and endeavour to resolve the issue.

8. Delivery

You should allow approximately 3-8 business days for standard delivery and 1-4 business days for express delivery for in stock items, provided that your payment is received before 2pm on the day that the order is placed. Serendipity Jewelry reserves the right to substitute another carrier of equal or lesser cost to deliver your order.

If Serendipity Jewelry cannot deliver your order within the period specified in your Shipping Confirmation Email then Serendipity Jewelry will endeavour to contact you and you may choose to cancel your order and receive a full refund.

If you unreasonably defer delivery or delay the receipt of delivery after the shipping provider has notified you that they have tried to deliver the ordered items to you, or if you have provided them with an incorrect delivery address which results in an unsuccessful delivery, the delivery package will be returned to Serendipity Jewelry. Any further cost must be covered by you.

9. Events Outside Serendipity Jewelry’s Control

Serendipity Jewelry shall not be responsible for delay or failure to perform, if the delay or failure is caused by any act, event, non-happening, omission accident or circumstance beyond its reasonable control including but not limited to:

civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war(whether declared or not) or threat or preparation for war;
strikes or lock-outs (or other industrial action);
national or local states of emergency;
failure of transportation facilities, power or utility outages, earthquake, fire, explosion, storm, flood, subsidence, epidemic or other natural disaster;
impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; or
the acts, decrees, legislation, regulations or restrictions of any government.

Serendipity Jewelry’s performance is deemed to be suspended for the period that the above continues.

10. Product Availability

Serendipity Jewelry uses reasonable efforts to ensure the availability of Products you order from the Serendipity Jewelry Store. However Products are made available to purchase on a “first in-first out” basis and are only available whilst stocks last.

11. Product Information

Please take care when placing your order to ensure that the Products you purchase are suitable for the intended use. Please use the Serendipity Jewelry Store as your final point of reference when checking the kind of product that you are ordering. If there is a difference between the Serendipity Jewelry Store content and any other website (or any other source of information) the Products as shown on the Serendipity Jewelry Store at the time of purchase will take precedence.

If the Products you have received do not correspond to the ones you have ordered, or if your delivery is incomplete or damaged during transportation, please immediately contact Serendipity Jewelry Customer Support Centre either by email or phone for assistance.

12. Title to Products

Serendipity Jewelry retains full legal title to Products until it has received all amounts due on the ordered Products in full and you have received your Shipping Confirmation Email.

The Products will be at your risk from the time of delivery.

13. Return and Refund if You Change Your Mind

You can view Serendipity Jewelry’s Change of mind, Returns and Refunds policy at https:// serendipityjewelry.com.au/returns.html

This policy only applies to Products purchased on the Australian Serendipity Jewelry Store. It is offered in Australia and may not be available in other international markets. Independent jewellery stores that sell Serendipity Jewelry jewellery will have their own exchange policy for change of mind which may be different from that set out above. If you did not purchase from the Serendipity Jewelry Store then contact your retailer for further information. You have additional rights under the Australian Consumer Law that are not limited by this policy.

In addition to your rights under the Australian Consumer Law and subject to the conditions set out below, if for any reason you change your mind and no longer want the Products, you can return any unused and undamaged Product purchased from the Serendipity Jewelry Store to the location notified by Serendipity Jewelry within 30 days of delivery for a refund. You must pay your own shipping and transport costs. Your legal rights in respect of defective goods are unaffected. If you wish to return the Products you will need to telephone the Serendipity Jewelry Customer Support Centre (see clause 17 for contact details) or complete Serendipity Jewelry’s online return request form.

If you do not return the Products within 30 days of delivery or do not have proof of purchase, Serendipity Jewelry may refuse to give you a refund. If you return any Products in a used or damaged condition, Serendipity Jewelry may deduct from any refund due to you (or otherwise seek to recover from you) an amount equivalent to the reduction in value of the Products, which might be 100% of the purchase price.

Once Serendipity Jewelry has received and validated your returned Products, Serendipity Jewelry will send you an email to confirm the validation. Your refund will then be processed by Serendipity Jewelry and confirmed to you by email.

Gift with Purchase

If you received a gift with the purchase of your Product and wish to return the gift or product for a refund, both the gift and the Product must be returned unless the total value of the Products not returned and purchased as part of the same transaction is equal to or greater than the amount that you were required to spend in order to be eligible for the gift. Please refer to individual Gift with Purchase Terms and Conditions.

Gift with purchase promotional offers are:

only available during the promotion period specified and while the stock is available;
limited to one gift per customer;
not valid in conjunction with any other promotional offer; and
exclude sale items.

When you order Products as part of a gift with purchase promotion you will be required to confirm your acceptance of any applicable and additional Gift with Purchase Terms and Conditions that may apply to the promotion at the time of placing your order. If applicable such terms and conditions will form part of these Sales Terms.

Gift with Purchase

Gift with purchase promotional offers are:

only available during the promotion period specified and while the stock is available;
limited to one gift per customer;
not valid in conjunction with any other promotional offer; and
exclude sale items.

14. Jewellery Warranty Against Defects

You can view Serendipity Jewelry’s warranty information at https://www.serendipityjewelry.com.au/warranty.html

This warranty is offered in Australia and New Zealand and may differ in other international markets.

Jewellery warranty exclusions

This warranty against defects does not cover loss, damage, breakage, changes in appearance, kinks, or the gradual degradation of all or part of the goods due to: normal wear (including tarnishing); mishap; careless handling; improper use; the use of charms or items not manufactured by Serendipity Jewelry; or use outside Serendipity Jewelry’s care instructions. Tarnishing occurs naturally and therefore, cleaning is not covered by this warranty against defects.

Proof of purchase

in the form of a Jewellery Authenticity Card, plus a receipt, gift receipt, credit card, bank statement or tax invoice or other evidence of purchase which is satisfactory to us is required before we will process any warranty claim.

How to make a warranty claim and access our jewellery maintenance service You will need to take or post your jewellery and your proof of purchase, at your cost, to 42 Brahman Road Box Hill 2765 NSW Australia.

Australian Consumer Law The Serendipity Jewelry warranty against defects provides benefits in addition to the rights and remedies to which you are entitled under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)). Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. [Note: “major failure” has a specific meaning under the Australian Consumer Law.]

15. Product Liability, Exclusions and Limitations

The only conditions and warranties which are binding on Serendipity Jewelry in respect of the Products and services supplied by Serendipity Jewelry on the Serendipity Jewelry Store are those expressly set out in these Sales Terms and required to be binding by statute; including the applicable provisions of Australian Consumer Law. All other statutory or implied terms, conditions, guarantees or warranties concerning the quality or condition of the Serendipity Jewelry Store, or any Products or goods, information, service, material, advice or recommendation supplied by Serendipity Jewelry to you through the Serendipity Jewelry Store, are excluded to the fullest extent permitted by law.

If Serendipity Jewelry breaches any term, condition, guarantee or warranty which cannot lawfully be excluded but can be lawfully limited, then to the extent permitted by law and without limiting your rights under the Australian Consumer Law, Serendipity Jewelry’s liability for such breach is limited to either, at Serendipity Jewelry’s election: (a) resupplying of the Products (or equivalent goods) you have purchased in respect of which the claim arises; or (b) paying the amount you paid us for those Products.

To the fullest extent permitted by law and except to the extent (if any) provided in these Sales Terms Serendipity Jewelry has no liability to you or any other person for any loss of or anticipated profit, loss of data, loss of use, damage to goodwill or loss due to delay, or other direct or indirect loss or damage however caused which may be suffered or incurred or which may arise from or in connection with your use of the Serendipity Jewelry Store or your use of or reliance upon any of the information, services and/or materials contained in it or provided by it to you or our negligence or our breach of our obligations under these Sales Terms.

Serendipity Jewelry does not warrant that any of the functions contained on the Serendipity Jewelry Store or your access to the Serendipity Jewelry Store will be uninterrupted or error-free, or that any notifications, will be made in a timely manner, or at all.

When you access our website, we may send a “cookie” (which is a small summary file containing a unique ID number) to your computer. This enables us to recognise your computer and greet you each time you visit our website without bothering you with a request to register. It also enables us to keep track of products or services you view so that, if you consent, we can send you news about those products or services. We also use cookies to measure traffic patterns, to determine which areas of our website have been visited and to measure transaction patterns in the aggregate. We use this to research our users’ habits so that we can improve our online products and services. Our cookies do not collect personal information. If you do not wish to receive cookies, you can set your browser so that your computer does not accept them.

We may log IP addresses (that is, the electronic addresses of computers connected to the internet) to analyse trends, administer the website, track users movements, and gather broad demographic information.

As our website is linked to the internet, and the internet is inherently insecure, we cannot provide any assurance regarding the security of transmission of information you communicate to us online. We also cannot guarantee that the information you supply will not be intercepted while being transmitted over the internet. Accordingly, any personal information or other information which you transmit to us online is transmitted at your own risk.

You must take your own precautions to ensure that the process which you employ for accessing our website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility or liability for any interference or damage to your own computer system which arises in connection with your use of our website or any linked website Our website may contain links to other websites operated, controlled or produced by third parties. We make no representations or warranties relating to the privacy practices of any third party website and we are not responsible for the privacy policies or the content of any third party website. Third party websites are responsible for informing you about their own privacy practices.

Serendipity Jewelry is not liable for any loss or damage caused by the Serendipity Jewelry Store or any website operated, controlled or produced by third parties linked to or from the Serendipity Jewelry Store

16. Privacy

By purchasing any Products from Serendipity Jewelry, you consent to Serendipity Jewelry collecting, holding, using and disclosing your personal information in accordance with its Privacy Policy, a copy of which is available at https://www.serendipityjewelry.com.au/ privacypolicyaustralia

17. Severability

If any provision of these Sales Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Sales Terms and shall be enforced to the fullest extent permitted by applicable law not affecting the validity and enforceability of any remaining provisions.

18. Contact details

Serendipity Jewelry Customer Support Centre will assist you with any Serendipity Jewelry Store order related questions or complaints. You can contact Serendipity Jewelry by email to customercare@serendipityjewelry.com.au or by phone +61410229625 from Monday to Friday between 9am and 5pm. Serendipity Jewelry Customer Care Centre is closed on the following Australian public holidays:

25 December (Christmas Day)
26th of December (Boxing Day)
1 January (New Year’s Day)
26th of January (Australia Day)
Good Friday
Easter Monday
25th April (ANZAC Day)
Queen’s birthday
Labour Day

19. Transfer of rights and obligations

These Sales Terms are binding on you and Serendipity Jewelry and on any person to whom Serendipity Jewelry might transfer its rights.

You must not transfer, assign, charge or otherwise deal with a contract with Serendipity Jewelry, or any of your rights or obligations arising under it, without our prior written consent.

Serendipity Jewelry may transfer, assign, charge, sub-contract or otherwise deal with a contract with you, or any of Serendipity Jewelry’s rights or obligations arising under it, at any time during its term.

20. Waiver

If Serendipity Jewelry fails, at any time to insist upon strict performance of any of your obligations under these Sales Terms, or if Serendipity Jewelry fails to exercise any of the rights or remedies to which it is entitled under these Sale Terms this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

21. Entire agreement

These Sales Terms, the Website Terms of Use, the Cookie Policy, your order as recorded in your Order Receipt Confirmation Email and confirmed in the Shipment Confirmation Email and any document expressly referred to in them represent the entire agreement between Serendipity Jewelry and you and supersede any prior agreement, understanding or arrangement between the parties, whether oral or in writing.

You acknowledge that, in entering into a contract with Serendipity Jewelry, you have not relied on any representation, undertaking or promise given by Serendipity Jewelry or any third party or be implied from anything said or written in negotiations between us prior to such contract except as expressly stated in these Sales Terms.

21. Governing law and Jurisdiction

These Sale Terms and your purchase of products from Serendipity Jewelry through the Serendipity Jewelry Store shall be governed by and construed in accordance with the laws of New South Wales, Australia. Your transaction is deemed to have taken place in New South Wales.

Any dispute or claim arising out of or in connection with these Sales Terms or your purchase of Products from Serendipity Jewelry (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of New South Wales and of the Commonwealth of Australia.

22. Termination

Without prejudice to Serendipity Jewelry’s termination or other rights under any other provision of these Sales Terms or applicable law, Serendipity Jewelry may at any time prior to delivering the Products to you, immediately terminate the contract for the supply of Products to you if:

• in Serendipity Jewelry’s reasonable opinion you breach these Sales Terms and the breach is not capable of being remedied; or
• you breach these Sales Terms, the breach is capable of being remedied, and you fail to remedy the breach after we have given you 7 days to remedy the breach.

If Serendipity Jewelry terminates the contract pursuant to this clause Serendipity Jewelry will refund any money received for that order

WEBSITE TERMS OF USE

1. Introduction

The website at serendipityjewelry.com.au (Website) is operated by CardRodri Pty Ltd ABN 31 654 472 205 (Serendipity Jewelry, we or us). “you” means the individual (including a company) using the Website and, where you are accessing the Website in your capacity as an employee of or contractor to a body corporate or other legal entity, “you” includes your employer.

Your access to the Website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document or referred to in this document (known collectively as the Terms of Use). These Terms of Use for the Website are the exclusive terms applying to the use of the Website.

Your use and/or continued access to the Website constitute your agreement to the Terms of Use. If you do not agree to these terms and conditions, you must not use or access the Website. Serendipity Jewelry reserves the right to amend the Terms of Use at any time.

The amended terms of use will be effective immediately upon being posted to the Website. Since you will be bound by the amended terms and conditions upon posting, you should visit this page periodically to review the Terms of Use. If you breach any of the Terms of Use we may terminate your right to use and access the Website.

2. Purchasing of products

If you purchase any of the products that are available from Serendipity Jewelry’s online store at serendipityjewelry.com.au, then the terms of sale above will also apply (in addition to these Terms of Use) in relation to your purchase of those products.

3. Intellectual property rights

Serendipity Jewelry or its related companies (or their licensors) own the intellectual property rights (including copyright and trade marks) in the Website and the contents of the Website. You must not copy, modify, transmit or adapt the contents of the Website or the Website themselves or otherwise infringe the intellectual property of Serendipity Jewelry, its related companies or their licensors.

All materials displayed on the Website, including without limitation all information, text, photographs, illustrations, artwork and other graphic materials (Content) are the property of Serendipity Jewelry or its related companies or their suppliers and/or licensors unless indicated otherwise on the Website, and are protected by copyright, trade mark and other intellectual property laws.

All Content may be downloaded, viewed and printed for your personal, non-commercial use only and provided that all Content is intact and in the same form as presented on the Website (including all copyright, trade mark and other proprietary notices). Except as permitted above, you must not reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party without the express prior written consent from the relevant owner of the intellectual property rights. You must not otherwise infringe the intellectual property of Serendipity Jewelry or its related companies or their suppliers and/or licensors.

Except as expressly provided above, nothing contained in the Terms of Use will grant, or is intended to be construed as conferring, any license or right in, or an assignment of all or part of, any intellectual property rights in the Content, without the express written agreement of the relevant owner of the intellectual property rights

4. Privacy

All personal information that you supply in connection with the Website will be collected, used, disclosed and managed by Serendipity Jewelry according to the terms of its Privacy Policy, a copy of which is available at https://www.serendipityjewelry.com.au/ privacypolicyaustralia. You consent to Serendipity Jewelry dealing with your personal information in accordance with its Privacy Policy. You also agree to use the Website in accordance with any other policies that we publish on the Website from time to time.

5. Cookies

During your use of the Website, Serendipity Jewelry may issue and request cookies to and from your computer or mobile device. Serendipity Jewelry will use such cookies in accordance with its Cookie Policy. By using the Website you authorise Serendipity Jewelry to issue and request such cookies.

6. Your Comments and Posting Policy

When using the Website you must not do any of the following:

• use any electronic communication feature of the Website for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful, all as determined by Serendipity Jewelry in its sole and absolute discretion;

upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights ofpublicity and privacy) without first obtaining the permission of the owner of such rights;
collect or store personal data about other users;
use the Website for any commercial purpose not expressly approved by Serendipity Jewelry in writing;
upload, post, email, or otherwise transmit any advertising or promotional materials or any other form of solicitation or unauthorized communication via the Website; or
upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of the Website or any computer software or hardware or telecommunications equipment.

From time to time on certain areas of our Website you may be able to submit product reviews, questions, written posts/responses, images, and certain other materials (User Content). Your User Content must be in English. Comments in other languages may be deleted by Serendipity Jewelry or our moderators. It is your responsibility to ensure that your User Content is not in any way racist, defamatory, in breach of anyone’s privacy or any other legislation and that you use respectable language.By using the above features, you agree that you will not do any of the following:• submit or post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by Serendipity Jewelry;

submit or post any content that contains personal information about any individual, violates the privacy of any person, or includes anything that you are under a contractual obligation to keep private or confidential;
impersonate any person or organization, including without limitation, the personnel of Serendipity Jewelry, or misrepresent an affiliation with another person or organization; or
ubmit or post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Website, or feature of the Website.

If you provide personal information about yourself through the Website, Serendipity Jewelry will collect, hold, use and disclose that personal information in accordance with the Serendipity Jewelry privacy policy (available at https://www.serendipityjewelry.com.au/ privacypolicyaustralia). If you provide personal information of another person to Serendipity Jewelry, you must make them aware of the matters contained in Serendipity Jewelry’s privacy policy and/or its privacy collection statement.You understand and agree that you have no ownership rights to any account you may have with us or other access to the Website, your User Content, or other featurescontained on the Website.Serendipity Jewelry may cancel your account and delete all User Content associated with your account at any time, and without notice, if Serendipity Jewelry deems that you have violated these Terms, the law, or for any other reason.Serendipity Jewelry assumes no liability for any information removed from our Website, and reserves the right to permanently restrict access to the Website or a user account. For greater certainty, and without limiting the effect of the foregoing, Serendipity Jewelry reserves the right, in its sole and absolute discretion, to modify, edit or remove any User Content, or to request a user to modify or edit his or her User Content, if a complaint or notice of allegedly infringing materials is received with respect to the User Content, or for any other reason.By displaying, publishing, submitting or otherwise posting any User Content on or through the Website, you hereby irrevocably grant to Serendipity Jewelry a non-exclusive, fully sub-licensable, non-revocable, perpetual, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, broadcast, publish, reproduce, and distribute such User Content in any and all media now known or developed in the future without the requirement to make payment to you or to any third party or the need to seek your or any third party permission. Further, you waive all moral rights in and to all User Content that. you post, upload or otherwise submit to or through, the Website in favor of Serendipity Jewelry. This license and waiver of rights includes the right to host, index, cache,distribute, and tag any User Content, as well as the right to sublicense User Content to third parties, including other users, for use on other media or platforms known ordeveloped in the future, such as for use on mobile phones, or in video, music, software or other computer programs.You retain all ownership rights you hold in your User Content, and you retain any right to use your User Content in any way you choose, subject to these Terms of Use and the license described in these Terms of Use. You represent and warrant that you own all of the User Content submitted, displayed, published or posted by you on the Website and otherwise have the right to grant thelicense set out in these Terms of Use, and the displaying, publishing or posting of any content you submit, and our use of that content or material does not and will not violate the privacy rights, publicity rights, copyrights, trade mark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.You indemnify and hold Serendipity Jewelry, its parents, subsidiaries, officers, employees, and website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including legal fees and costs on a full indemnity basis, related to your violation of these Terms of Use, including the above Posting Policy, or any violations thereof by your dependents or which arises from the use of any content including User Content that you submitted, posted, or otherwise provided to Serendipity Jewelry or the Website.7. DisclaimerWhile Serendipity Jewelry endeavours to take reasonable care in preparing and maintaining the information on the Website, Serendipity Jewelry makes no representation about the accuracy, reliability, adequacy, completeness or timeliness of the Content, including the price of any products available for purchase from Serendipity Jewelry’s online store at serendipityjewelry.com.au. The Content may contain inaccuracies or typographical errors. The Content is subject to change at any time without notice and may not be up to date or accurate at the time you view it. The use of the Website and Content is at your own risk. 8. Exclusion of warrantiesAny warranties in relation to any products that you purchase from Serendipity Jewelry’s online store at serendipityjewelry.com.au will be determined in accordance with the terms of sale and not under this clause 8.To the maximum extent permitted by applicable law:- all statutory and implied guarantees, warranties and conditions of any kind in connection with the Website and its contents are expressly disclaimed. Serendipity Jewelry does not exclude any statutory or implied guarantee, condition or warranty which it is prohibited by law from excluding or limiting (but only to that extent);- Serendipity Jewelry does not warrant that your access to the Website will be uninterrupted or that the Website will operate error free, that any defects will be correctedor that the Website and their servers are free of computer viruses, trojans, spyware and other harmful material;- Serendipity Jewelry does not warrant that it will be able to prevent any illegal, harmful or inappropriate use, modification or alteration of the Website, or that it will give notice of such use, modification or alteration;- Serendipity Jewelry does not warrant or make any representations about the correctness, accuracy, timeliness, completeness, reliability, quality or otherwise of theWebsite or its Contents. Your use of the Website and the information on it is at your own risk; and – the Website and its Contents are provided on an “as is” basis without any warranties of any kind. Serendipity Jewelry may change the Website or limit or terminate your access to the Website at any time without notice.Serendipity Jewelry makes no representation that the Contents of the Website comply with the laws of any country outside Australia. If you access the Website from outside Australia, you do so at your own risk and you are responsible for ensuring compliance with all laws in the place where you are located.9. Limitation of liabilityAny liability relation to any products that you purchase from Serendipity Jewelry’s online store at serendipityjewelry.com.au will be determined in accordance with the terms of sale listed above and not under the terms of this clause 9. To the extent permitted by law and without limiting any non-excludable consumer rights you may have, Serendipity Jewelry will not be liable for any direct, indirect, incidental, special, consequential, exemplary or punitive loss or damages of any nature whatsoever, including any loss of profits, revenue, opportunity, goodwill, expectation, business, savings, data or unavailability of systems or other loss, whether arising under contract, statute, tort (including negligence) or otherwise, in connection with the Website, or any use of or access to, or any inability to use or access, the Website. To the maximum extent permitted by applicable law, the liability of Serendipity Jewelry, its related companies and their respective directors, employees, suppliers and agents under any condition, warranty or guarantee which cannot by law be excluded is limited at the option of Serendipity Jewelry to the following:In the case of services:The supply of the services again; orThe payment of the cost of having services supplied against; andIn the case of goods:The replacement of the goods or the supply of equivalent goods;The repair of such goods;The payment of the cost of replacing the goods or acquiring equivalent goods; orThe payment of the cost of having the goods repaired11. Compliance with all applicable lawsYou acknowledge and agree that you will be solely responsible for ensuring that your use of the Website complies with all laws that are applicable to you.12. HyperlinksThe Website contains hyperlinks and other pointers to internet websites operated, controlled or produced by third parties (Linked Sites). The Linked Sites are not under the control of Serendipity Jewelry and Serendipity Jewelry is not responsible for the contents of any Linked Site or any hyperlink contained in a Linked Site. The links are provided solely for your convenience and do not indicate expressly or impliedly, any endorsement by Serendipity Jewelry or its related companies for the Linked Site or the products or services provided at those sites. You access any such Linked Site entirely at your own risk. We exercise no control over the quality, safety or legality of the products or services advertised or sold and statement made through any Linked Sites. The material on any Linked Site, including product information and prices, are the responsibility of the operator of the Linked Site. Any purchases or dealings you have with a Linked Site are done at your own risk. Serendipity Jewelry is not a party to any transaction between you and a Linked Site. 13. SubmissionsAny material that you send to use on or via the Website will be deemed non-confidential and non-proprietary. This includes any data, questions, comments, suggestions, ideas or other information, material or property. Serendipity Jewelry and its related companies will be entitled to use and or all of it for any purpose without compensation to you, including for reproduction, disclosure, transmission, commercialisation, product development, publication, broadcast and posting.14. Interference with the Website
You must not attempt to change, add to, remove, deface, hack or otherwise interfere with the Website or any material or Content displayed on the Website.15. TerminationThe Terms of Use are effective until terminated by Serendipity Jewelry. In addition to any other termination rights set out in these Terms of Use, Serendipity Jewelry may terminate this agreement and your access to this Website in its absolute and sole discretion at any time without notice. In the event of termination, you are no longer authorised to access or use this Website. All restrictions imposed on you, together with all disclaimers, limitations of liability and indemnities set out in the Terms of Use, will survive the termination of these Terms of Use and will continue in full force and effect.16. Governing law and disputesThe Terms of Use are governed by and construed in accordance with the laws of the State of New South Wales, Australia.By using the Website, you agree that any dispute arising in connection with these terms and conditions, or your use of the Website, will be resolved in accordance with the law applying in the State of New South Wales. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the State of New South Wales and of the Commonwealth of Australia.17. MiscellaneousIf any provision of the Terms of Use is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Terms of Use which will continue in full force and effect. All rights not expressly granted are reserved.

Permanent Jewelry Procedure Liability Waiver and Disclaimer

1. Acknowledgment of Risks: The Customer acknowledge that they have voluntarily chosen to undergo the permanent jewelry procedure provided by Serendipity Jewelry ABN 31 654 472 205 (“the Company”). I understand that the permanent jewelry procedure involves piercing the skin and embedding jewelry into the body, which carries inherent risks.

2. Assumption of Risks: The Customer understand and accept that there are risks associated with the permanent jewelry procedure, including but not limited to infection, allergic reactions, scarring, and discomfort. I acknowledge that individual reactions to the procedure and materials used may vary and that the Company cannot guarantee specific outcomes or results.

3. Informed Consent: The Customer has been provided with information about the permanent jewelry procedure, including its risks, benefits, and alternatives. I have had the opportunity to ask questions, seek clarification, and disclose any relevant medical history or concerns. I provide my informed consent to undergo the permanent jewelry procedure, understanding the risks involved.

4. Professional Consultation: The Customer acknowledges that it is recommended to consult with a qualified professional, such as a licensed piercer or dermatologist, before undergoing the permanent jewelry procedure. I have sought professional advice as necessary and understand that the Company is not responsible for any failure to do so.

5. Aftercare Responsibilities: The Customer understand the importance of proper aftercare to minimize the risk of complications and promote healing. The Customer agrees to follow the aftercare instructions provided by the Company and to seek medical attention if any issues or concerns arise during the healing process or wearing process.

6. Permanent Nature: The Customer understand that permanent jewelry is intended to be a long-term or permanent modification. I acknowledge that removal or modification of the jewelry may require additional procedures and may result in scarring or other aesthetic changes to the skin.

7. Welded Jewelry Disclaimer: The Customer acknowledges that the jewelry may be welded while it is set. The Customer understands that this process involves additional risks, including but not limited to thermal injury, allergic reactions to welding materials, and changes in the structural integrity of the jewelry. The Customer accepts responsibility for any such risks associated with the welding process.

8. Release of Liability: The Customer hereby releases and discharges Serendipity Jewelry ABN 31 654 472 205, its officers, employees, agents, and affiliates from any and all claims, damages, liabilities, or expenses arising from or related to the permanent jewelry procedure, including but not limited to injuries, complications, or adverse reactions.

9. Agreement to Indemnify: The Customer agrees to indemnify and hold harmless Serendipity Jewelry ABN 31 654 472 205, its officers, employees, agents, and affiliates from any claims, damages, liabilities, or expenses, including legal fees, arising from or related to the decision to undergo the permanent jewelry procedure.

10. Governing Law: This document shall be governed by and construed in accordance with the laws of Sydney NSW Australia. Any disputes arising from or related to this document shall be subject to the exclusive jurisdiction of the courts of Sydney NSW Australia.