Terms and Conditions

These Terms and Conditions constitute an agreement between each customer and/or visitor to http://kozminsky.com (Website) and Kozminsky Jewellers Pty Ltd - ACN 149 172 403 (Kozminsky) of 421 Bourke Street, Melbourne, Victoria, Australia, 3000. By browsing the Website, or placing an Order, You agree to these Terms and Conditions as set out below, which constitute a legally binding agreement between Kozminsky and You.

These Terms and Conditions apply to use of the Website and the ordering, purchase, completion and delivery of Products from the Website. If You do not agree to any provisions of these Terms and Conditions, You must not use the Website or place an Order.

Please read the Terms and Conditions carefully before using the Website and /or placing an Order in accordance with the instructions on the Website. These Terms and Conditions contain important information about the ordering, processing, completion and delivery of Products, including limitations of liability.

 

Definitions

In these Terms and Conditions, unless the context requires otherwise:

“Bank” means a corporation authorised by law to carry on the general business of banking in Australia.

“Business Day” means a day on which Banks are open for general banking business in Melbourne, excluding Saturdays, Sundays and public holidays.

“GST” has the meaning given to that term in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

“Losses” means any loss, damages, claims or costs whatsoever, including, without limitation, any consequential, indirect, or incidental damages, or damages for loss of profit or opportunity

“Order” means an order made by You for Products in accordance with the instructions provided on the Website.

“Product” means a good of any sort advertised on the Website by Kozminsky and not a third party.

 

Agreement

The Terms and Conditions together with Your Order (if any) constitute the entire agreement between Kozminsky and You for the use of the Website and/or supply of Products (“Agreement”). You cannot vary the Agreement unless Kozminsky expressly agrees to vary the Agreement in writing. Nevertheless, Kozminsky reserves the right to amend this Agreement from time to time at Kozminsky’s sole discretion and such amendments will be effective as soon as Kozminsky posts them to the Website.  Your continued use of the Website represents Your agreement to be bound by the amended Terms and Conditions. You should review theses Terms and Conditions on each occasion that You visit the Website and/or place an Order.

 

1. Website Use

1.1 Kozminsky reserves the right to change or vary the Website from time to time.

1.2 Kozminsky may temporarily or permanently stop providing You or other visitors with access to the Website at Kozminsky’s sole discretion and without prior notice.

1.3 Kozminsky may restrict Your access to the Website at Kozminsky’s sole discretion and without prior notice.

1.4 The Website may contain links to other websites. Those links are provided for convenience only and may not remain current or be maintained. Kozminsky is not responsible for the content or privacy practices associated with linked websites.

1.5 You must ensure that Your access to, or use of the Website is not illegal or prohibited by laws which apply to You.

1.6 You must take Your own precautions to ensure that Your process for accessing the Website does not expose You to risk of viruses, malicious computer code or other forms of interference which may damage Your computer system. Kozminsky takes no responsibility whatsoever for any such damage which may arise in connection with Your use of the Website.

1.7 You agree to use the Website only for non-commercial purposes, and You agree not to: (a) partake in any activity that obstructs, disrupts or affects (or has the potential to obstruct, disrupt or affect): (i) Kozminsky’s ability to facilitate and operate the Website; (ii) the servers and networks that host the Website; (iii) any other user’s ability to use the Website; and/or the ability of the Website or any hardware to function properly; and/or (b) use the Website in any other way that may impair the Website or Kozminsky’s reputation; and/or circumvent, disable or otherwise interfere with (or attempt to circumvent, disable or otherwise interfere with) any security-related features of the Website, or features that restrict use or copying of any content or enforce limitation on the Website or its content.

1.8 You agree not to access (or attempt to access) any part of the Website by any means other than through the interface provided by Kozminsky.

 

2. Registration and Orders

2.1 Products displayed on the Website do not constitute an offer to sell.  They are only an invitation to treat.

2.2 In order to purchase Products from the Website, You must be a registered member.

2.3 You may not use the account of another registered member without their permission.

2.4 When registering to become a member, You will be required to provide personal information, including Your name and address.

2.5 You agree to provide Kozminsky with accurate and complete information and to update any information provided to Kozminsky to ensure that it remains current.

2.6 You are solely responsible for any activity which occurs on Your account.  To that end, You must keep Your account password secure.

2.7 You must notify Kozminsky immediately if You suspect or become aware of: (a) any unauthorised use of Your account; or (b) that Your password is no longer secure.

2.8 Orders placed by You are offers to purchase particular Products pursuant to the Agreement at the price specified (including shipping costs, taxes and other charges).

2.9 Orders will be deemed to have been received by Kozminsky at the time Kozminsky send an Order confirmation to Your nominated e-mail address.

2.10 Kozminsky will primarily communicate with You via e-mail. It is Your responsibility to ensure the correct contact details are entered and that the nominated e-mail address is regularly checked for correspondence.

2.11 Kozminsky may cancel Your Order at any time prior to dispatch of the Products for any reason whatsoever.

2.12 In the event of a cancelled Order, funds paid in relation to that Order will be refunded in full. You will be provided with e-mail confirmation of the cancellation and refund.

2.13 Kozminsky does not accept any responsibility for Orders that are declined, delayed or not accepted due to disruptions with internet connections.

2.14 Kozminsky shall not be liable for any delay in performing any of Our obligations under this Agreement if such delay is caused by circumstances beyond Kozminsky’s reasonable control (or that of Kozminsky’s affiliates), and Kozminsky shall be entitled to a reasonable extension of time for the performance of such obligations.

2.15 You may cancel Your order only if Kozminsky has not dispatched it at the time of cancellation.

2.16 Products ordered through one Order will all be sent to the same delivery address.

 

3. Payment

3.1 You may provide Your nominated credit card during the purchase process described on the Website.

3.2 Payment for Orders will be processed immediately upon confirmation of Your Order.

3.3 If Your nominated payment method triggers Our fraud prevention protocols, Kozminsky may contact You to confirm additional details, or rescind the transaction. In this case, until Your Order has passed Kozminsky fraud prevention protocols Your Order will not be fulfilled. If You do not provide the requested information within up to 5 Business Days, Your Order will be cancelled and Your payment will be refunded back to the method in which You paid. These information requests are sent to help protect credit card holders from online fraud.

3.4 You authorise Kozminsky to debit the amount that is payable pursuant to these Terms and Conditions and/or a confirmed Order from Your nominated credit card.

3.5 You must not pay, or attempt to pay, for Products through any fraudulent or unlawful means.

3.6 Kozminsky will provide You with a receipt upon delivery of Your Product which specifies the total fees and charges for the Products ordered.

 

4. Delivery and ownership of the goods

4.1 Kozminsky try to ensure that all Products are delivered in a prompt and timely manner. However, from time to time, it is possible that shipping and other factors may result in delays. To the maximum extent permitted by law, Kozminsky does not accept any liability for loss or damage suffered by anyone as a result of any such delays.

4.2 The date of dispatch listed on the Website is the estimated date of dispatch as is reasonably estimated by Kozminsky and is subject to change without notice. Where scheduled dispatch of a Product is delayed by more than one week, You will be notified by e-mail via the e-mail address nominated in Your Order.

4.3 The couriers or postal services nominated by Kozminsky will deliver Products during local business hours (9am to 5pm, Monday to Friday), unless stated otherwise.

4.4 Kozminsky is not responsible for the delivery times of Products. Once Products have been dispatched, You may contact Kozminsky to verify the status of Your Order and shipment by contacting Kozminsky on +61 3 9670 1277 or via email to jewellers@kozminsky. A representative will be available to assist You from 10:00am to 5:30pm AEST Monday to Friday.

4.5 Kozminsky shall not be liable for any inaccuracy of information provided to You relating to the date and time of delivery.

4.6 Title and risk, such as the risk of loss or damage in the Products pass to You on signing for delivery of the Products.

4.7 Orders will be delivered by Platinum Post or shipped by Failproof National Couriers or other couriering company selected by Kozminsky.

4.8 Unless otherwise agreed between You and Kozminsky, the following identification means must be provided to the deliverer upon delivery of a Product for delivery of the Products to be effected: (a) for Orders delivered by Platinum Post: Photo identification (the name on which is identical to the name on the parcel); and a signature; (b) for Orders delivered by Failproof National Couriers: signature and upon Kozminsky’s request, photo identification (the name on which is identical to the name on the parcel).

4.9 Every Product You purchase from Kozminsky will be insured by Kozminsky until you sign for delivery of the relevant Product.  Thereafter, Kozminsky will no longer be responsible for insuring the relevant Product (this includes circumstances following delivery in which You seek to return the relevant Product to Kozminsky pursuant to clause 7 or 8 of these Terms and Conditions).

 

5. Pricing

5.1 All prices displayed on the Website are: (a) displayed in Australian dollars and include GST where applicable; and (b) subject to change at any time without notice.

5.2 Kozminsky will endeavour to ensure that the prices displayed on the Website are accurate at all times.  However, in the event that Kozminsky is notified of, or discovers, an erroneous price on the Website in respect of a Product ordered by You, Kozminsky will contact You as soon as possible and notify You of the error.  You will then have the option to confirm You Order at the correct price or cancel it.  If Kozminsky are unable to contact You, Kozminsky may cancel Your Order in respect of the relevant Product at Kozminsky’s absolute discretion.

5.3 All prices listed on the Website exclude shipping costs. Unless otherwise indicated on Your Order, shipping costs are complimentary.

5.4 In addition to the purchase price of each Product that You order, You agree to pay any other fees, charges and/or taxes set out in the Agreement.

5.5 To the extent permitted by law, You expressly permit Kozminsky to charge all costs imposed on You under the Agreement to the payment method You nominate during the purchase process described on the Website.

 

6. Product Specifications

6.1 Features and specifications of Products described or depicted on the Website are subject to change without notice.

6.2 Information about products on the Website is based on material provided by suppliers and Product manufacturers.

6.3 You understand and agree that Kozminsky cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to Kozminsky or by manufacturers or suppliers changing Product specifications without notice to Kozminsky.

6.4 You agree to make Your own enquiries to verify information provided and to assess the suitability of Products before You purchase such Products.

 

7. Refunds and replacements

7.1 The Competition and Consumer Act 2010 (Cth) implies certain statutory conditions and warranties into consumer contracts which cannot be excluded or modified.  Where there is a breach of such a condition or warranty relating to goods, and the breach is deemed to be a “major” failure within the meaning of the aforementioned act, then the remedy available to You will be either a refund, store credit, or a replacement with an exact match or equivalent product, depending if the item is modern or antique, at Your election.  In all other cases, the breach of such a condition or warranty will give rise to a refund or replacement at Kozminsky election.

7.2 Kozminsky will refund or replace a Product in accordance with these Terms and Conditions and any applicable warranty in circumstances and to the extent required by law if the Product delivered to You: (a) does not match the sample or description (b) is substantially unfit for its intended or disclosed purposes; (c) is not of acceptable quality (as defined under law); (d) is unsafe; or (e) would not have been purchased by a reasonable consumer if they were aware of the issue.

7.3 Where Kozminsky provide You with a refund or replacement under the terms of this warranty, Kozminsky: (a) may to the extent permitted by law, require the return of the relevant Product and where relevant, the diamond grading report, before Kozminsky will provide You with a refund or replacement; and (b) will pay for, or reimburse You for, any shipping costs incurred by You to return the original product to Kozminsky.

7.4 In order to obtain a remedy under this clause 11, You must notify Kozminsky within a reasonable time of Your receipt of the relevant Product. A reasonable time will be considered to be the time it would ordinarily take for the relevant failure to become apparent, considering the nature of the Product.

7.5 Unless otherwise provided by law, Kozminsky will not replace a Product under this clause 11, provide You with a refund or pay any shipping costs in respect of a Product until the original Product is received by Kozminsky and Kozminsky have had the opportunity to verify Your claim.

7.6 Kozminsky will not refund or replace a Product where Kozminsky determine in Kozminsky reasonable opinion that the product has become of unacceptable quality due to fair wear and tear, misuse, failure to use in accordance with manufacturer’s instructions following sale to You.

7.7 Kozminsky will use all reasonable endeavours to process refunds and replacements within 20 Business Days of receipt by Kozminsky of the original product.

7.8 It is Your responsibility to ensure that returned items are returned safely. Kozminsky takes no responsibility for Products lost in transit.

 

8. Gift Vouchers, Returns on change of mind and Store Credit

8.1 Kozminsky are not required to provide a refund or replacement if you change your mind.

8.2 But you can choose a refund or exchange if an item has a major problem. This is when the item has a problem that would have stopped someone from buying the item if they had known about it, is unsafe, is significantly different from the sample or description, doesn't do what Kozminsky said it would and/or what you asked for and cannot be reasonably fixed.

8.3 Proof of purchase must be provided.

8.4 Gift recipients will not be entitled to a refund. Rather, they will be entitled to an exchange of a non-refundable merchandise credit.

8.5 Gift vouchers have a validity of 24 months from the date of purchase.

8.6 Gift vouchers may be redeemed by contacting jewellers@kozminsky.com and providing the gift voucher number. Gift vouchers are not refundable.

 

9. Disclaimer and Indemnity

9.1 All information on the Website is provided “as is” and Kozminsky does not warrant or represent that it is complete, correct, current or free from errors, omissions, computer viruses or other harmful content or components, or that access to the Website will be secure uninterrupted, provided without delay or in a timely fashion.

9.2 Except to the extent that the law implies warranties into these Terms and Conditions that cannot be excluded or limited, all conditions, warranties and other provisions which might have otherwise been implied into these Terms and Conditions in relation to Kozminsky or the Website are expressly excluded.

9.3 Except for any liability that cannot lawfully be excluded, Kozminsky will not be liable for any Losses sustained or suffered by You or a third party regardless of how such Losses arise and whether caused by negligence, breach of contract or otherwise.

9.4 To the maximum extent permitted by law, You hereby indemnify Kozminsky, Kozminsky directors, officers, employees and agents against any and all Losses suffered or incurred by Kozminsky as a result of or in respect of Your conduct or breach of the Agreement or Kozminsky taking any action or exercising any of Kozminsky rights under the Agreement.

9.5 Kozminsky do not take responsibility for direct or indirect damages, or consequential Losses suffered by use of fraudulent or unauthorised web address. The only authorised access point https://www.kozminsky.com with no characters before or after.

9.6 Kozminsky does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the website or any linked website or featured in any banner or other advertising. Kozminsky will not be a party to or in any way responsible for monitoring any transaction between You and third party providers of products and services.

 

10. General

10.1 Kozminsky reserve the right to make changes to the Website and these Terms and Conditions without notice.

10.2 Any provision of the Agreement which is void or unenforceable may be severed from the Agreement without affecting the enforceability of the remaining provisions.

10.3 Any failure or delay by Kozminsky to exercise a power or right under these Terms and Conditions does not operate as a waiver of that power or right, and the exercise of a power or right by Kozminsky and does not preclude Kozminsky future ability to exercise that or any other power or right.

10.4 The Agreement is governed by and must be construed according to the law of the State Victoria, Australia and the parties submit to the jurisdiction of the courts in that State.

10.5 Neither Kozminsky employees nor agents have the authority to vary any of the Agreement.

10.6 Kozminsky may assign, transfer or otherwise deal with these Terms and Conditions or any right or obligation under the Terms and Conditions at Kozminsky’s sole discretion.

10.7 For the avoidance of doubt, and to the extent permitted by law, the maximum amount Kozminsky will ever be required to pay You for any reason whatsoever in connection with the Agreement will not exceed the purchase price of a Product Ordered and purchased by You.

 

11. Privacy

11.1 By registering with Kozminsky, placing Your Order or otherwise contacting Kozminsky, You agree that: (a) Kozminsky may store, process and use data collected from You for the purposes of and incidental to providing Our Products and services to You; and(b) Kozminsky may use such data, other than credit card details, in order to provide You with information from time to time on other Products that may be of interest to You. Kozminsky will also provide you with an opt-out option.

11.2 By purchasing an item from the Website, You expressly permit Kozminsky to provide Your personal information to third parties who provide services to Kozminsky in relation to on-line shopping.  Such third parties may include mailing houses, delivery service providers and suppliers and other resources used to get your purchase to you. 11.3 Kozminsky’s server may log details about any computer used to access the Website.

11.4 You may obtain a copy of the data held by Kozminsky concerning You on request in writing directed to jewellers@kozminsky.com. Kozminsky reserves the right to charge an administration fee for processing such request. If any data held by Kozminsky concerning You is incorrect, Kozminsky will correct it on Your written request.

11.5 Kozminsky only use Your personal information for the purposes for which You give it to Kozminsky and for internal management purposes. Unless otherwise specified in these Terms and Conditions, Kozminsky will only give Your information to a third party if: (a) You have consented to Kozminsky doing so (10.3); (b) You would expect Kozminsky to or Kozminsky have told you it will; (c) it is required or authorised by law; (d) it will prevent or lessen a serious threat to somebody’s life or health; and/or (e) the disclosure is reasonably necessary for law enforcement.

11.6 Where You have consented to Kozminsky doing so, Kozminsky may send You such information by postal mail and telephone. If You purchase a product from Kozminsky, Kozminsky may retain Your address for future mailings. If You do not want Your information used for direct marketing purposes at any time, please contact Kozminsky on +61 3 9670 1277 or via email to jewellers@kozminsky.com to let Kozminsky know and Kozminsky will not send You any direct marketing.

11.7 In order to prevent unauthorised access or disclosure of Your personal information Kozminsky has put suitable physical, electronic and managerial procedures in place to safeguard and secure the information Kozminsky collects from You.

 

12. Intellectual Property

12.1 All material contained on the Website (including, but not limited to, photos, text, visual and audio-visual works and trademarks), the design of the Website, the appearance of the Website and the layout of the Website (“WebsiteFeatures”) is owned by or licensed to Kozminsky and protected by copyright and trademarks laws.

12.2 You may not modify or copy the Website Features.  You may not decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website.

12.3 Except as necessary for the use of the Website on Your browser, or as expressly permitted under the Copyright Act 1968 (Cth) or other applicable laws, You may not use, adapt, or reproduce the Website Features, or upload the Website Features to a third party website.

12.4 If You communicate with Kozminsky, You automatically grant Kozminsky an irrevocable, perpetual, non-exclusive, royalty free, world-wide licence to use, copy display and distribute the content of Your communication and prepare derivative works of the content and/or incorporate the content into other works in order to publish and promote such content.