TERMS AND CONDITIONS

This page, together with the documents referred to on it, tells you the terms and conditions (these Terms and Conditions) on which we sell all of the products listed on our website birka.com.au (hereinafter referred to as "the Site") to you. Please read these terms and conditions carefully before ordering any products from the Site. You should understand that by ordering any of our products, you agree to be bound by these terms and conditions, which may be updated by us from time to time without notice. 

PRIVACY POLICY

By using the Site, you consent to the processing of information as described therein and warrant that all data provided by you is accurate.

INTELLECTUAL PROPERTY AND CONTENT

The intellectual property rights for all content made available to you on or through the Site remain the property of Birka Design (ABN 33470014639) and are protected by copyright laws and treaties around the world. All such rights are reserved by Birka Design. You are not permitted to publish, manipulate, duplicate, copy, sell, distribute or otherwise reproduce or exploit, in any format, any of the content or copies of the content supplied to you or which appears on the Site nor may you use any such content in connection with any business or commercial enterprise.

TERMS OF SALE

By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
In order to make a purchase you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us, a bank account, or a Paypal account. We retain the right to refuse any request made by you.

PAYMENT

Paypal and Credit/debit card payments are accepted for all of our products. If you prefer bank transfer, please contact me for details.
Paypal payment: You don't need to open an account to pay via Paypal, just select the “Paypal” option at checkout, then click "Proceed to Checkout"  button to pay using your credit/debit card.
Credit/debit card payment: Select the “Credit card” option at checkout, then enter your credit card and contact details in the pop-up window. Card payments are processed securely using http://pin.net.au service and your card details ARE NOT stored by us in any way or form.

DUTY AND TAXES

In some countries, buyers are subjected to customs taxes and duties on items shipped from international locations. I'm in no way responsible for these taxes and duties, being them complete responsibility of the buyer. Please check this out prior to purchasing. We ship all of our products from Australia.

SHIPPING

All jewellery products are packaged in an original author box that is perfect for gifting. Boxes examples are available on product photos. I do everything I can to make sure your order arrives safely! Your items will be carefully packaged and shipped in a padded envelope.
Products are shipped within 1-5 business days (Monday-Friday) after receiving payment. The shipping will usually take about 2- 3 weeks. Please make sure you fill you shipping address correctly at checkout. That is the address where your order will be shipped. After the shipping you will receive a tracking number to monitor the delivery online. If you would like an express shipment or to arrange an insurance, please contact me (birka@birka.com.au) after the purchase.

RETURN POLICY

You may return any product that have not been worn, scratched or damaged within 14 days from the delivery date as indicated by Australia Post Website. Full refund, excluding all shipping costs, will be issued within 24 hours of receiving the return and verifying its condition as stated above. We'll notify you via e-mail of your refund once we've received and processed the returned item.

WARRANTY

Your Birka Design item is warranted for a period of one [1] year from the original date of purchase. Under the terms and conditions, the warranty covers only manufacturing defects. A proof of purchase is required to validate your warranty which can be in the form of a copy of the online order confirmation or a purchase receipt.

The warranty cover will be activated only after the inspection of the item. This warranty is void if the item has been damaged by accident, inappropriate use, negligence, unauthorised service, or other factors not due to defects in materials or workmanship, or a valid proof of purchase is not included.

If covered by the warranty your item will be repaired free of charge and, in the event that it cannot be repaired, will be replaced free of charge. In case of replacement, there is no guarantee that you will receive the same item. Return shipping expenses are not refunded, however we will ship the repaired item (or the replacement) back to you at free of charge.

For repair work please contact us via email birka@birka.com.au and provide the following information

  • Name
  • Full address
  • Daytime contact telephone number
  • Email address
  • Where your item was purchased from
  • Details of the defect (photos would be appreciated) 
  • A copy of your proof of purchase

LIMITATION OF LIABILITY

This clause prevails over all other clauses and sets forth our entire Liability, and your sole and exclusive remedies, for: the performance, non-performance, purported performance or delay in performance of these Terms and Conditions or otherwise in relation to these Terms and Conditions or the entering into or performance of these Terms and Conditions.In performing any obligation under these Terms and Conditions, our only duty is to exercise reasonable care and skill. 

IN THESE TERMS AND CONDITIONS:

"Liability" means liability in or for breach of contract, Breach of Duty, misrepresentation, restitution or any other cause of action whatsoever relating to or arising under or in connection with these Terms and Conditions, including, without limitation, liability expressly provided for under these Terms and Conditions or arising by reason of the invalidity or unenforceability of any term of these Terms and Conditions (and for the purposes of this definition, all references to "these Terms and Conditions" shall be deemed to include any collateral contract); and 
"Breach of Duty" means the breach of any (i) obligation arising from the express or implied terms of a contract to take reasonable care or exercise reasonable skill in the performance of the contract or (ii) common law duty to take reasonable care or exercise reasonable skill (but not any stricter duty).

The material displayed on the Site is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law we hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of the Site and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. You should not rely on any information accessed using the Site to make a purchasing decision – you should make your own enquiries before forming your own opinion and taking any action based on any such information.

We do not accept and hereby exclude any Liability for Breach of Duty other than any such Liability arising pursuant to the provisions of these Terms and Conditions.

We shall have no Liability for: 
- loss of revenue; 
- loss of actual or anticipated profits; 
- loss of contracts; 
- loss of the use of money; 
- loss of anticipated savings; 
- loss of business; 
- loss of operation time; 
- loss of opportunity; 
- loss of goodwill; 
- loss of reputation; 
- loss of, damage to or corruption of data; or any indirect or consequential loss; and such Liability is excluded whether it is foreseeable, known, foreseen or otherwise.

We shall not be liable to you for any breach, hindrance or delay in the performance of a Contract attributable to any cause beyond our reasonable control, including without limitation any natural disaster and unavoidable incident, actions of third parties (including without limitation hackers, suppliers, governments, quasi-governmental, supra-national or local authorities), insurrection, riot, civil commotion, war, hostilities, warlike operations, national emergencies, terrorism, piracy, arrests, restraints or detainments of any competent authority, strikes or combinations or lock-out of workmen, epidemic, fire, explosion, storm, flood, drought, weather conditions, earthquake, natural disaster, accident, mechanical breakdown, third party software, failure or problems with public utility supplies (including electrical, telecoms or Internet failure), shortage of or inability to obtain supplies, materials, equipment or transportation ("Event of Force Majeure"), regardless of whether the circumstances in question could have been foreseen.

Either you or we may terminate a Contract forthwith by written notice to the other in the event that the Event of Force Majeure lasts for a period of two Business Days or more, in which event neither you nor we shall be liable to the other by reason of such termination (other than for the refund of a Product already paid for by you and not delivered).

If we have contracted to provide identical or similar Products to more than one Customer and are prevented from fully meeting our obligations to you by reason of an Event of Force Majeure, we may decide at our absolute discretion which contracts we will perform and to what extent.

 

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