Terms and Conditions

About the Website

Welcome to www.annys.com.au (the "Website"). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the "Products"). The Website provides this service by way of granting you access to the content on the Website (the "Purchase Services").

The Website is operated by Anny's Manufacturing Jewellers Pty Ltd. (ABN 88 447 171 579). Access to and use of the Website, or any of its associated Products or Services, is provided by Anny's Manufacturing Jewellers. Please read these terms and conditions (the "Terms") carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of its Services, immediately.

Anny's Manufacturing Jewellers reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Anny's Manufacturing Jewellers updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

Acceptance of the Terms

You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Anny's Manufacturing Jewellers in the user interface.

Using the Purchase Services

You do not need to register for a customer account to browse the Website, send an enquiry or purchase Ready to Ship jewellery. When making an enquiry or purchase, you may be required to provide information needed to respond to your enquiry or fulfil your order, including your email address, mailing address and telephone number. Large transactions may require a valid scan of your driver's licence to authenticate identity.

You warrant that any information you give to Anny's Manufacturing Jewellers when making an enquiry or purchase will always be accurate, correct and up to date.

You may not use the Purchase Services and may not accept the Terms if: (a) you are not of legal age to form a binding contract with Anny's Manufacturing Jewellers; or (b) you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.

Your obligations

When using the Website or the Purchase Services, you agree to comply with the following.

You will use the Purchase Services only for purposes permitted by the Terms and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. In addition: (a) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Anny's Manufacturing Jewellers providing the Purchase Services; (b) you will not use the Purchase Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of customers by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website; (c) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services — appropriate legal action will be taken by Anny's Manufacturing Jewellers for any illegal or unauthorised use of the Website; and (d) you acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.

Online orders, acceptance and pricing errors

When you submit an online order, you offer to purchase the selected products at the displayed price (the "Purchase Price"). We check pricing and availability before accepting your order. An automated order acknowledgement or payment receipt confirms receipt of your order or payment; it does not itself constitute acceptance. We accept your order when we expressly confirm acceptance in writing, dispatch the products or begin agreed custom manufacture, whichever occurs first.

We take reasonable care to display accurate prices. However, genuine errors may occur through data entry, software faults, supplier feeds, currency conversion, price calculations or discount application.

Before accepting your order, Anny's may decline an affected order at an incorrect price caused by a genuine material pricing error, including where payment has already been received. We will promptly explain the error and give you the choice of proceeding at the corrected price or cancelling the affected purchase. We will withdraw the affected product from sale until its price is corrected.

If cancelled, we will promptly refund all amounts paid for the cancelled purchase, including applicable delivery charges, to the original payment method without a cancellation fee. We will not charge an additional amount without your express agreement.

Once an order has been accepted, any cancellation or price correction will occur only where permitted by law. Subsequent increases in supplier costs or exchange rates are not, by themselves, pricing errors. Nothing in these terms excludes or limits your rights under the Australian Consumer Law.

Availability, quotes and custom orders

Some diamonds, gemstones and jewellery are sourced from suppliers. Availability can change before we accept your order. Adding an item to a bag or wishlist, submitting an enquiry or receiving an automated acknowledgement does not reserve it. We will confirm availability before accepting your order. We will only take payment where we have reasonable grounds to expect we can supply the item within the promised time or, if none is agreed, within a reasonable time.

If an item becomes unavailable before acceptance, we will promptly notify you and refund all amounts paid for the unavailable purchase, including applicable delivery charges, to the original payment method without a cancellation fee. Any alternative product requires your express agreement. If a supply problem arises after acceptance, we will explain the available options and honour your rights under the Australian Consumer Law.

An enquiry or request for a quote is not an order. A quote is subject to the validity period and conditions stated in it; an unaccepted quote does not reserve an item unless we expressly agree otherwise. Once a quote or order is accepted, we will not increase the agreed price solely because supplier costs or exchange rates change. Loose diamonds must be paid in full before we order and secure them, subject to our confirmation of availability and acceptance.

Before custom manufacture, we ask you to approve the final design and specifications, including the agreed ring size, metal, stone selection and any engraving. Please check these details carefully. Changes requested after approval may affect the price or completion date; we will explain any effect and obtain your written agreement before carrying out the change. Approval does not remove your rights if we supply something that differs from the agreed specifications or fails to meet a consumer guarantee.

Returns, store credit for pieces bought in store, and custom work are covered by our Refund Policy.

Warranty

Products from Anny's Manufacturing Jewellers 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 compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure.

In addition to your rights under the Australian Consumer Law, we offer a 12-month warranty for defects in materials and workmanship from the date of purchase (the "Warranty"). This voluntary Warranty does not limit the duration of your statutory rights, which may continue beyond 12 months.

To make a Warranty claim or request a remedy under the Australian Consumer Law, contact Anny's Manufacturing Jewellers at 92 Young Street, Frankston VIC 3199 or by email at info@annys.com.au. Please provide proof of purchase and a description of the problem.

For a claim under our voluntary Warranty, we will repair or replace a covered defective Product or part without charge for parts or labour. This does not restrict any remedy you are entitled to choose under the Australian Consumer Law. If we confirm a fault covered by a consumer guarantee, we will reimburse reasonable return costs you have paid.

Our voluntary Warranty does not cover damage caused by misuse, abnormal handling or unauthorised alterations. These exclusions apply only to that voluntary Warranty and do not exclude any rights or remedies available under the Australian Consumer Law.

Anny's Guarantee also applies: lifetime cleaning and polishing on any piece bought from us, and rectification of manufacturing defects in the custom pieces we make for the life of the piece. Repairs under Anny's Guarantee are for manufacturing defects only, not wear and tear. Anny's Guarantee is in addition to the Warranty and to your rights under the Australian Consumer Law, and does not limit them.

Delivery

Anny's Manufacturing Jewellers arranges delivery (the "Delivery Services") through third-party delivery companies (the "Delivery Service Providers").

We will confirm the delivery and insurance options available for your order. Using a delivery provider does not limit your rights against Anny's under Australian Consumer Law.

If your order is missing or arrives damaged, email info@annys.com.au with your order number and details of the problem. We will investigate with the delivery provider and explain the next steps, including any remedy available under Australian Consumer Law. You do not need to pursue the courier to exercise your rights against Anny's.

Copyright and Intellectual Property

The Website, the Purchase Services and all of the related products of Anny's Manufacturing Jewellers are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the "Content") are owned or controlled for these purposes, and are reserved by Anny's Manufacturing Jewellers or its contributors.

Anny's Manufacturing Jewellers retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you: (a) the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Anny's Manufacturing Jewellers; or (b) the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or (c) a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).

You may not, without the prior written permission of Anny's Manufacturing Jewellers and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third-party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

Privacy

Anny's Manufacturing Jewellers takes your privacy seriously and any information provided through your use of the Website and/or the Purchase Services is subject to Anny's Manufacturing Jewellers' Privacy Policy.

General Disclaimer

You acknowledge that Anny's Manufacturing Jewellers does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.

Anny's Manufacturing Jewellers will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.

Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

Subject to this clause, and to the extent permitted by law: (a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and (b) Anny's Manufacturing Jewellers will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

Use of the Website, the Purchase Services, and any of the products of Anny's Manufacturing Jewellers (including the Delivery Services), is at your own risk. Everything on the Website, the Purchase Services, and the Products of Anny's Manufacturing Jewellers, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Anny's Manufacturing Jewellers (including any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of Anny's Manufacturing Jewellers) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following: (a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records; (b) the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website); (c) costs incurred as a result of you using the Website, the Purchase Services or any of the Products; (d) the Content or operation in respect to links which are provided for the User's convenience; (e) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or (f) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

Limitation of Liability

Anny's Manufacturing Jewellers' total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase, then the total liability of Anny's Manufacturing Jewellers is the resupply of information or Purchase Services to you.

You expressly understand and agree that Anny's Manufacturing Jewellers, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

Anny's Manufacturing Jewellers is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Anny's Manufacturing Jewellers, by third parties or by any of the Purchase Services offered by Anny's Manufacturing Jewellers.

Termination of Contract

The Terms will continue to apply until terminated by either you or by Anny's Manufacturing Jewellers as set out below.

If you want to terminate the Terms, you may do so by notifying Anny's Manufacturing Jewellers at any time.

Your notice should be sent, in writing, to Anny's Manufacturing Jewellers via the 'Contact Us' link on our homepage.

Anny's Manufacturing Jewellers may at any time, terminate the Terms with you if: (a) you have breached any provision of the Terms or intend to breach any provision; (b) Anny's Manufacturing Jewellers is required to do so by law; (c) the partner with whom Anny's Manufacturing Jewellers offered the Purchase Services to you has terminated its relationship with Anny's Manufacturing Jewellers or ceased to offer the Purchase Services to you; (d) Anny's Manufacturing Jewellers is transitioning to no longer providing the Purchase Services to Users in the country in which you are resident or from which you use the service; or (e) the provision of the Purchase Services to you by Anny's Manufacturing Jewellers is, in the opinion of Anny's Manufacturing Jewellers, no longer commercially viable.

Subject to local applicable laws, Anny's Manufacturing Jewellers may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Anny's Manufacturing Jewellers' name or reputation or violates the rights of those of another party.

When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Anny's Manufacturing Jewellers have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

Indemnity

You agree to indemnify Anny's Manufacturing Jewellers, its affiliates, employees, agents, contributors, third party content providers and licensors from and against: (a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website; (b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or (c) any breach of the Terms.