TERMS AND CONDITION OF SALE
- Sale applies to stock on hand only
- Special orders by arrangement
- No rainchecks
- Discounts not to be used in conjunction with any other offer
Ordering goods on this website
This website and the information on it constitute an invitation to treat and not an offer by us to supply goods. 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 and conditions. No contract for the sale and purchase of those goods shall be formed between you and us until we accept your order by sending you an acceptance ‘confirmation of acceptance’ in accordance below.
You may submit an order to purchase goods from us by completing the order form and submitting the order confirmation on this website. You must provide all required information (including your name and physical address) or we may not be able to process your order.
No order shall be deemed accepted by us until we have sent you a confirmation, confirming that we have accepted your order. An ‘order confirmation’ is not a ‘confirmation of acceptance’. However, a shipping confirmation may, in accordance with its terms, constitute a ‘confirmation of acceptance’. We will endeavour to notify you whether we have accepted or rejected your order and, if applicable, to confirm the delivery details for your order within 3 Business Days after receiving your order.
By submitting an order on this website you agree to be bound by our Returns and Refund Policy.
The price payable by you for orders accepted by us shall be the price quoted on this website for the relevant goods at the time your order is submitted (subject always to section 7 below, in relation to incorrect prices), together with the applicable delivery fees (which are payable in addition to the price of the goods). Except where specifically stated in relation to a particular good, the prices for the goods are stated and are payable in Australian dollars (AUD).
You shall pay for your orders by credit card or Paypal™ using the online transactions facilities provided at www.berniebydesign.com.au or by authorising Bernie by Design to charge your payment card account for the total price of the goods ordered and the applicable delivery fees 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.
We may vary any prices on this website at any time without notice to you.
Availability, Cancellation and Rejection of Orders
All orders are subject to the availability of goods. We may reject or cancel any order due to unavailability of any good. If for any reason a good is not available, we will endeavour to notify the non-availability on this website. We may revise the range of goods or the specification of any good at any time (save and except for where we have confirmed our acceptance of your order) without notice to you.
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.
You may cancel your order any time prior to the time that we send our confirmation of acceptance for that order. Once we have sent our confirmation of acceptance for your order, you may not cancel that order.
Delivery and delivery fees
Goods purchased online from this website are eligible for delivery to addresses Australia only. We use Australia Post to deliver such goods.
The applicable delivery fees are clearly displayed in your local currency at the time of purchase.
Once we have confirmed our acceptance of your order, we will endeavour to dispatch your order within 3 Business Days unless a different timeframe is specified in relation to a particular good. If we are unable to dispatch your order within this time frame we will endeavour to contact you and advise you of the expected dispatch date.
You may specify delivery instructions for your order (for example, you may authorise the courier to leave the goods in a specified location if you will not be at the delivery address). We will not be responsible or liable for anything that happens to any order that is delivered in accordance with your delivery instructions.
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.
We retain ownership and title of the goods we supply to you until we have received the full price for the goods and the applicable delivery charges. 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, you assume full responsibility for and risk in the goods.
Customs, duties and taxes
Each package that contains a good that you have purchased may be subject to Taxes of the country to which such package is shipped. All such Taxes are your responsibility.
When you purchase a good online from Bernie by design, you are the “importer of record” and you must comply with all laws and regulations of the country to which such good is shipped.
In addition to the Taxes referred to above, you are responsible for and shall bear any charges for customs clearance. Bernie by Design has no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country so you should contact your local customs authority for further information about such charges.
Cross-border shipments may be subject to opening and inspection by customs authorities. In order to facilitate customs clearance and comply with local laws, we may provide certain order, shipment and good information, such as your title, to our international carriers, and such information may be communicated by shipping service providers to customs authorities. Customs authorities may require us to declare the value of the goods you have purchased.
You acknowledge that delays associated with customs clearance procedures may cause our original delivery time frames estimates to be exceeded.
Non-excludable guarantees under the Australian Consumer Law
All goods purchased from this 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:
(a) are not fit for all the purposes for which goods of that kind are commonly supplied;
(b) are not acceptable in appearance and finish;
(c) have defects;
(d) are unsafe; or
(e) are not durable.
Bernie by Design’s liability and exclusions on warranties and guarantees
Subject to any rights you may have under the non-excludable guarantees under the Australian Consumer Law (described above) , we may impose fees payable by you in relation to any repair/service not covered by the guarantees under the Australian Consumer Law.
White gold jewellery is often rhodium plated to enhance its appearance. This plating is not permanent and will require further plating every few years which is not covered under consumer guarantee.
Bernie by Design’s liability for any breach of any warranty or consumer guarantee for goods or services is (to the extent permitted by law) limited to re-supplying the goods or services the subject of your order or refunding the costs of the goods or services (at its sole discretion).
Our EGL, GIA, HRD and IGI certificates are recognized around the globe for their integrity, defining industry standards in evaluation and appraisal. Nevertheless even these institutions vary sometimes when grading the same diamond because The best grading available to date has not yet been proven to be an exact science. These diamond grading laboratories maintain a worldwide presence in the major diamond trading centres, cooperates with leading organizations including the World Federation of Diamond Bourses and run extensive educational programs as part of their dedication to standardize all grading’s and raising the level of professionalism in the field.