Terms & Conditions
A. General
1 This website and its contents (“website”) is owned and operated by Lane Gems and Jewellery Pty Ltd [A.B.N.50082140832 ]. The use of the words “Lanegems”, “we” or “our” means Lane Gems and Jewellery PTY LTD . By accessing or using this website or by purchasing goods via this website, you agree to accept and comply with these Terms and Conditions.
2 These Terms and Conditions apply to goods and services purchased through Lanegems office/store or the website as well as governing the use of this website.
3 Lanegems reserves the right to amend these Terms and Conditions at any time without notice.
B. Applicable Law
1 These Terms and Conditions are governed by and to be construed in accordance with the laws of New South Wales, Australia. You irrevocably and unconditionally agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia. In the event that any provision of the Terms and Conditions is held to be invalid, illegal or unenforceable, that provision must be to the extent of the invalidity, illegality or unenforceability be ignored and all the other provisions of the Terms and Conditions will remain in full force and effect.
2 Lanegems makes no representation that the content of the website complies with the laws of any country outside Australia.
3 All rights not expressly granted herein are reserved.
C. Links to 3rd Party websites
1 Lanegems assumes no responsibility and accepts no liability for the terms and condition or content of third-party websites that may be linked to or accessed from this website. Except as Lanegems may specifically direct otherwise, Lanegems does not authorise the content of those third-party web sites. This website may also contain third party advertisements which contain embedded hyperlinks to websites operated by third parties. The placement or appearance of third-party advertisements on this website does not constitute the approval, recommendation or endorsement of Lanegems of those third-party websites, or any information or goods or services appearing on those third party websites.
2 Third party advertisers or content providers are solely responsible to you for any representations or offers made by them, and for any goods or services which you agree to purchase from those third parties.
D. Internet Security
1 Any access to the internet can expose you to the risk of computer viruses, malicious computer code and other forms of interference and you acknowledge that you will adopt your own safeguards to ensure that you minimize your risk of damage to your computer, systems or data.
2 We do not warranty that access to the website or use of the website will not expose you to risks of this nature.
3 We do not accept any responsibility or liability for any losses that you may sustain as a result of any such activity.
E. Disclaimer and liability
1 This website is provided on an “as is” basis. Whilst Lanegems has used its best endeavours to ensure that the information contained on and accessed through the website is correct and current at the time of publication we do not represent or warrant that is the case.
2 To the fullest extent permissible by law, Lanegems does not accept any liability or responsibility for our failure to comply with any of these terms and conditions due to circumstances that are beyond our reasonable control.
3 To the fullest extent permissible by law, Lanegems , their respective directors, officers, employees, agents and contractors:
do not make any representation, warranty or endorsement of any kind, express or implied, as to the operation of the website, your access to the website or results of your access, or the information, content, materials or products on the website; and
do not warrant that access to the website or the functions on the website will be uninterrupted or error-free, that any defects will be corrected or that the server which boutiques and transmits content to you is free of viruses or other harmful components that could impact the accuracy, functionality or reliability of the website.
4 Subject to any non-excludable liability for breach of any condition, warranty, guarantee, right or remedy implied by legislation and to the maximum extent permitted by law, under no circumstances (including but not limited to any act or omission on the part of, Lanegems their respective directors, employees, agents and contractors will Lanegems l, its affiliated companies or their respective directors, officers, employees, agents or contractors accept liability for any indirect, incidental, special and/or consequential damages or loss of profits resulting from any use or access, or any inability to use or access the website.
5 Nothing in these Terms and Conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Australian Consumer Law) which cannot by law be excluded, restricted or modified.
6 Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with merchandise, you are entitled to a replacement or repair. Please refute to guarantees.
F. Indemnity
1 You agree to indemnify and keep indemnified Lanegems , and their directors, officers, employees, agents and contractors (“those indemnified”) in respect of any claim, liability, loss, damage, cost (including legal cost) or expense which those indemnified may suffer or incur as a direct or indirect result of your wilful or negligent act or omission with respect to your use of this website (or any part of it) or the violation of these Terms and Conditions by you, or the infringement by you, of any intellectual property or other right of any person or entity.
G. Termination and Cancellation
1. Lanegems reserves the right in its sole discretion to revise the content of, amend links from, or withdraw access to this website, at any time without notice. Any amendments to these Terms and Conditions placed on this website will come into effect immediately and your continued use of this website will constitute agreement to the new Terms and Conditions as amended. Without limiting the operation of any other Terms and Conditions herein, Lanegems will not be held liable for loss or damage arising from the exercising of these rights. Any indemnities given by you and limitations on Lanegems liability will survive such termination or cancellation.
H. Goods and Services Representation
1 Lanegems will take all reasonable steps to ensure that all product descriptions and specifications contained on this website are technically accurate.
2. Whilst all reasonable care has been taken to ensure that product images shown on this website are an accurate representation of the actual product the very nature of imaging product and reproducing those images on a website means that we cannot warrant the accuracy of these representations and product may appear larger or smaller than actual sizes and colours may vary. The colours you see on this website will also depend on your screen display and settings and we cannot guarantee that your monitor's display of any image will accurately reflect the colour of the product on delivery.
3. Whilst we will take all reasonable steps to ensure that all goods advertised on this website are available, we cannot guarantee the availability of any product at any time.
4. All goods offered for sale on this website comply with Australian law but we do not warrant that they will comply to the laws of any other country.
I. Online Purchasing
1 Goods purchased online from this website are eligible for delivery to addresses in Australia only. We use Australia Post to deliver such goods.
2. Purchases of goods made on this website must be paid in full at the time of purchase.
3. Payment for merchandise purchased on this website may be made only via PayPal, American Express, Visa or MasterCard via Squarespace.
4. Lanegems may accept direct debit, but this should be separately organised by direct contact with our Sydney office. Whilst we make every effort to ensure the security of your payment you acknowledge that no transmissions over the internet can be guaranteed as totally secure and therefore you use your credit card to make payments for good on this website entirely at your own risk.
5. All prices shown on this website are in Australian dollars and inclusive of GST at the time of purchase.
J. Cancellation
1. Please check your order carefully before submitting it as orders may not be able to be changed or cancelled once the order has been accepted by us.
2. We reserve the right to cancel an order that we have previously accepted, at any time before delivery and for whatever reason, including but not limited to:
not being able to supply the goods within a reasonable time or at all due to an event beyond our control;
an error on this website in relation to the goods , for example, in relation to a description, price or image;
you not meeting our payment terms or Lanegems not being able to process or accept your payment.
3. Where Lanegems cancels your order after acceptance we will notify you of cancellation.
4. In the event of Lanegems cancelling your order after payment has been processed, we will refund any money paid in respect of that order.
K. Shipping of Goods Purchased Online
1. Unless otherwise stated, goods purchased on this website will be delivered free where the order value is $500 or greater. All orders under $500 will incur a flat fee of $25.00 per order. All orders are delivered via the Australia Post Express Post tracked delivery system.
2. Once we have confirmed our acceptance of your order, we will endeavour to dispatch your order within three business days unless a different timeframe is specified in relation to a particular good. If we are unable to dispatch your order within this period, we will endeavour to contact you and advise you of the expected dispatch date.
3. Upon dispatch of the merchandise from our office the purchaser will receive a tracking number for Australia Post tracking system from where the purchaser can monitor the progress of the delivery.
4. Where payment confirmation information received from Financial Intermediaries is insufficient to verify the payment details, Lanegems will contact the purchaser and discuss other payment options.
5. Although we will endeavour to meet delivery timeframes where possible, all delivery timeframes are estimates only and we will not be liable for any loss, expense, or other damage caused by any delay in delivery.
6. We retain ownership and title of the merchandise we supply to you until we have received the full payment for the goods and the applicable delivery charges. Risk and title passes to you once your order has been delivered to you (or has otherwise been delivered in accordance with your delivery instructions), as evidenced by confirmation provided to us by Australia Post.
7. On delivery you will be required to sign a proof of delivery document unless an Authority to Leave (‘ATL’) has been provided. If an ATL has not been provided and you are not available to take delivery, or there are circumstances preventing the goods being left at the delivery address, then the goods may be taken to a local depot or post office and a calling card containing the relevant contact details will be left at the delivery address in those cases.
8. If you choose to provide an ATL, we will not be able to offer any further assistance if your order is lost or subsequently goes missing after it has been deemed delivered by the carrier. The associated risk in leaving goods unattended in these circumstances is borne by you.
L. Privacy
1. As a visitor to this website, please refer to the terms of our Privacy Policy published on this website for information about how we handle your personal information.
M. Severability
1. If any provision of these Terms and Conditions is deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable from the other provisions of these Terms and Conditions and shall not affect the validity and enforceability of any other provision of these Terms and Conditions.
N. Waiver
1. If we do not exercise or enforce any right available to us under these Terms and Conditions or otherwise arising at law or in equity, this does not constitute a waiver of those rights.