Terms & Conditions
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under Australia's and all other copyright laws, and is the property of BodyJewelery.com.au. The collective work includes works that are licensed to BodyJewelery.com.au. Copyright 2016-2017, BodyJewelery.com.au ALL RIGHTS RESERVED.
Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with BodyJewelery.com.au or purchasing BodyJewelery.com.au products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorised by BodyJewelery.com.au. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of BodyJewelery.com.au used in the site are trademarks or registered trademarks of BodyJewelery.com.au
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, BodyJewelery.com.au disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement.
BodyJewelery.com.au does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. BodyJewelery.com.au does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
BodyJewelery.com.au shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if BodyJewelery.com.au has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event that a BodyJewelery.com.au product is mistakenly listed at an incorrect price, BodyJewelery.com.au reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. BodyJewelery.com.au reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged.
If your credit card has already been charged for the purchase and your order is cancelled, BodyJewelery.com.au shall issue a credit to your credit card account in the amount of the incorrect price.
The termination or cancellation of a contract signifies the process whereby an end is put to whatever remains to be performed there under.
BodyJewelery.com.au may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to BodyJewelery.com.au.
Your use of this site shall be governed in all respects by the laws of the state of Victoria, Australia, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of BodyJewelery.com.au products) shall be in the state or federal courts located in Geelong, Australia. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of BodyJewelery.com.au's products) must be commenced within one (1) year after the claim or cause of action arises. BodyJewelery.com.au's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. BodyJewelery.com.au may assign its rights and duties under this Agreement to any party at any time without notice to you.
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive langauge, is strictly forbidden. Impersonation of others, including a BodyJewelery.com.au or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offence, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organisation.
BodyJewelery.com.au does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, BodyJewelery.com.au is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, BodyJewelery.com.au reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to BodyJewelery.com.au in its sole discretion.
You agree to indemnify, defend, and hold harmless BodyJewelery.com.au, its officers, directors, employees, agents, licensor's and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, BodyJewelery.com.au may link to sites operated by third parties. However, even if the third party is affiliated with BodyJewelery.com.au, BodyJewelery.com.au has no control over these linked sites, all of which have separate privacy and data collection practices, independent of BodyJewelery.com.au. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, BodyJewelery.com.au seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
As all care is taken when packing & posting orders and most packages have tracking, BodyJewelery.com.au will not be liable for any lost/stolen packages.
If your item does not arrive refer to our HELP CENTER for information on what to do.
All delivery times stated on our website are estimates only. We can not account for customs hold ups, postage delays or acts of god.
We do not offer refunds or returns on incorrectly purchased items (eg, wrong size or colour) or because of change of mind. All product information and images on our website represent our products as close to the actual colour/style/size as possible, honouring our SHOPPING GUARANTEES. Although this is the case, slight variations in colour may occur due to different graphics and screen settings and capabilities, things which are out of our control.
We encourage our customers to follow the relevant links provided on each product page that will give them all of the information they will require to make an informed decision. We are also available through our CONTACT US page by following the relevant links and we will assist you in any way possible, but will not be liable and no refunds or returns will be given.
Due to the care taken when packing and shipping your item, and the quality of all products sold at BodyJewelery.com.au, we reserve our right to not give a refund if any part of your order arrives to you damaged however this is decided on a case to case basis.
If there is a problem with your product(s) that is a direct result of our error (you received an incorrect or defective item, etc.), you will have the choice to have the item re-sent to you at our cost or you can be refunded in full, including shipping. Please Note: We may require you to return the incorrect item (at our cost).
You should expect to receive your refund within four weeks of giving your package to the return shipper, however, in many cases you will receive a refund more quickly. This time period includes the transit time for us to receive your return from the shipper (5 to 10 business days), the time it takes us to process your return once we receive it (3 to 5 business days), and the time it takes your bank to process our refund request (5 to 10 business days). If we have said that the item does not need to be returned, you should receive your refund faster
If you need to return an item, go to our SHIPPING & RETURNS page and fill out the Return Form at the bottom of the page. Once we have received your information we will contact you to resolve the issue. If your refund/return is authorised we will send you an email with further instructions (if any) and also tell you what happens next.
Because of the nature of most items available on BodyJewelery.com.au exchanges can not be made on incorrectly purchased items.
Keep in mind that all sizes & weights approximations only. There may be variances between each item. Unfortunately this is unavoidable, but the differences are never great enough to effect your purchase. If you have any questions about this, please fill out the form below before completing your purchase.
The following provisions form the basis of the BodyJewelery.com.au Rewards Program. These provisions are intended to protect you, the members of BodyJewelery.com.au Rewards, BodyJewelery.com.au Company [Body Jewelery] and its affiliate companies. Your participation in the program will be governed by these provisions, and it is your responsibility to read and understand all of them. If you require any additional information that you believe is not covered here or on our Rewards AT BodyJewelery.com.au page.
By creating an account on BodyJewelery.com.au you are automatically a part of BodyJewelery.com.au's Rewards Program, and therefore when transacting points, or utilising any aspect of the program, you agree to be bound by these guidelines. These program rules cannot be superseded or changed, except in writing by us.
1. BodyJewelery.com.au Rewards membership and its benefits are offered at the discretion of BodyJewelery.com.au, and BodyJewelery.com.au has the right to terminate the Program or to change the Program rules, regulations, benefits, conditions of participation or rewards levels, in whole or in part, at any time, with or without notice, even though changes may affect the value of the Rewards Points already accumulated. BodyJewelery.com.au may, among other things, withdraw, limit, modify or cancel any Members Only Special Offer; increase the points levels required for discounts; modify or regulate the transferability of Rewards Points or benefits. BodyJewelery.com.au Rewards Members, in accumulating Rewards Points, may not rely upon the continued availability of a Special Offer or discount.
2. Participation in the BodyJewelery.com.au Rewards Program (the "Loyalty Program") is subject to any terms and conditions, rules, regulations, policies, and procedures ("Program Rules") that BodyJewelery.com.au may, at its discretion, adopt from time to time. BodyJewelery.com.au has the sole right to interpret and apply the Program Rules. Any failure to follow Program Rules, any abuse of Program privileges, any conduct detrimental to the interests of BodyJewelery.com.au, or any misrepresentation of any information furnished to BodyJewelery.com.au or its affiliates by any member, or anyone else acting on the member's behalf, may result in the termination of his or her membership, the cancellation of accrued points, rewards or benefits, or both.
3. Each member shall be responsible for remaining knowledgeable as to the Program Rules and the amount of Rewards Points in his or her account. BodyJewelery.com.au shall attempt to advise active members of various matters of interest through such means as may be appropriate, such as account summaries, newsletters and its website, but BodyJewelery.com.au shall have no liability for any failure to do so.
4. The accumulation of Rewards Points and the redemption of those points are subject to specific Program Rules enacted by BodyJewelery.com.au. Each member is responsible for reading those materials in order to understand his or her rights and responsibilities under the Program. No points, benefits, rewards earned or granted under the Program may be transferred or assigned.
5. The BodyJewelery.com.au Rewards Program is maintained for the benefit and participation of individual members only. Only individuals are eligible for BodyJewelery.com.au Rewards membership, and each member may maintain only one account. Duplicate accounts will be subject to cancellation.
6. ACCRUED REWARDS POINTS DO NOT CONSTITUTE PROPERTY OF A MEMBER AND HAVE NO VALUE OUTSIDE OF THE PROGRAM. REWARDS POINTS ARE CREDITS THAT BodyJewelery.com.au MAY REVOKE AT ANY TIME AS SET FORTH HEREIN. REWARDS POINTS MAY BE NOT EXCHANGED FOR CASH, ASSIGNED, BARTERED, OR TRANSFERRED, EXCEPT AS SET FORTH HEREIN, AND ARE NOT TRANSFERABLE UPON DEATH, AS PART OF A DOMESTIC RELATIONS MATTER, OR OTHERWISE BY OPERATION OF LAW.
7. The personal information that is collected from you in connection with the Program will be used in accordance with (a) the privacy & security policy for this site.
8. BodyJewelery.com.au reserves the right to discontinue the membership of any Member who uses the Program in a manner inconsistent with these Terms and Conditions or any federal, state, provincial, territorial or local laws, statutes, by-laws, guidelines, or ordinances. Discontinued membership may result in the loss of all earned Rewards Points, benefits, and privileges. In addition to discontinuance of Program membership, BodyJewelery.com.au shall have the right to take appropriate administrative and/or legal action, including criminal prosecution, as it deems necessary in its sole discretion.
9. Any attempt by any person to undermine the legitimate operation of the Program may be a violation of criminal and civil law, and, should such an attempt be made, BodyJewelery.com.au reserves the right to seek damages from any such person to the fullest extent permitted by law. BodyJewelery.com.au's failure to enforce any of these terms and conditions shall not constitute a waiver of that, or any other, provision.
10. All questions or disputes regarding an individual's eligibility for the Program, the earning, use, or conversion of Rewards Points, or a Member's compliance with these Terms and Conditions will be resolved by BodyJewelery.com.au in its sole discretion.
11. If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms and Conditions, which will otherwise remain in full force and effect.
>12. These Terms and Conditions shall be construed in accordance with the Laws of Australia irrespective of where the application for Membership has been completed by the Member or submitted to BodyJewelery.com.au. In any action or other legal process with respect to any matter or thing in connection with these Terms and Conditions or Membership the Member submits to the jurisdiction of Australia.
Prohibition of Sale or Barter
13. The sale or barter of any such Rewards Points, awards or benefits other than by BodyJewelery.com.au is expressly prohibited. Any Rewards Points, awards or benefits transferred, assigned or sold in violation of the Program Rules, in addition to exposing the member to the penalties otherwise associated with violations, may be confiscated or cancelled.Products that have been acquired by purchase, barter, or other conduct in violation of Program Rules may result in the cancellation of the order.
14. "Account activity," for purposes of these Rules, shall be deemed to occur when a member accrues Rewards Points in his or her account in any manner set forth in these Rules, or as otherwise approved by BodyJewelery.com.au, or when the member redeems any BodyJewelery.com.au Rewards or partner award by the use of Rewards Points in the member's account.
Rewards Points Accrual
15. Only members of BodyJewelery.com.au Rewards are eligible to accrue Rewards Points in the Program by availing themselves of the means of accrual recognised under the Program. A member may not accrue Rewards Points for the utilisation of services, by any other person, animal, object, or entity.
16. Currently, Rewards Points can be accrued by creating an account with BodyJewelery.com.au and making a purchase through BodyJewelery.com.au. BodyJewelery.com.au expressly reserves the right to establish additional means of accruing Rewards Points, to delete any or all of the means currently recognised, or to exclude specific types of transactions from the accumulation of Rewards Points. To earn Rewards Points, members must be logged into their account at the time of purchase.
17. Rewards Points may be accrued only for paid and completed orders. The amount of Rewards Points accrued shall be determined by the cash value paid by the member. The cash value is the amount charged to the member's credit card or bank account, adjusted for any refunds, charge backs, adjustments or unverifiable activity.
18. Members shall accrue Rewards Points at the rate of 5 points for every Australian dollar (AUD) charged to their credit card or bank account.
19. Rewards points accrued in a member's account shall be maintained in the account until they are redeemed for an award or until they expire, whichever occurs first. In cases where Rewards Points are, for any reason, removed from an account, as for the redemption of awards, and later returned, the return of the Rewards Points to the account shall not count as account activity.
20. The awards available to be redeemed and the amount of Rewards Points necessary to redeem each award will be set by BodyJewelery.com.au and published to the members. BodyJewelery.com.au shall establish the process for award redemption, but redemption shall basically mean the exchange of Rewards Points in a member's account for a specified award.
21. Rewards Points earned in two or more different accounts may not be combined to redeem any award.
22. The award structure is subject to modification, cancellation or limitation at BodyJewelery.com.au discretion, with or without notice. The amount of Rewards Points required to redeem any award may be substantially increased, any award may be withdrawn, and restrictions on any award or its redemption may be imposed at any time. The accumulation of Rewards Points does not entitle Program members to any vested rights with respect to any awards or the Program.
23. Suppliers may be added to or removed from the Program at any time with or without notice. In the event that a Supplier is removed from the Program, the Member will still retain any Rewards Points remaining in the Member's Account that were earned through that Supplier.
24. Not more that 50% of the total cost of an order can be paid for in the form of redeemed Rewards Points.