Summary

1.1. In the Site, Whitneys Jewellers provides users with access to sales of items online (the “Service”). You are responsible for obtaining access to the Site, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Site.

1.2. In order to make purchases on the Site you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing Information entered and provided by you on the Checkout page.

1.3. Whitneys Jewellers reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.

1.4. By making an offer to purchase items through the Site, you expressly authorise us to perform credit checks and, where Whitneys Jewellers feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit/debit card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorisation and to authorise individual purchase transactions.

1.5. Furthermore, you agree that we may use Personal Information provided by you in order to conduct appropriate anti-fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.

2.1. You may place orders for the purchase of products through the Site (“Online Orders”).

2.2. All Online Orders are subject to acceptance by Whitneys Jewellers and item availability, and items in your Shopping Cart on the Site are not reserved and may be purchased by other customers. Whitneys Jewellers offers products for sale that are in stock and available for dispatch from within our stall. From time to time, products for sale may not be available to you due to necessary components not having been delivered to us by our suppliers. Consequently, you may, from time to time, be given the possibility of making an Advance Payment for certain items in which case you are able to make an Advance Purchase. Your rights regarding Advance Purchase are the same as those for any other purchase at Whitneys Jewellers. Alternatively, you may simply choose to register your email address with Whitneys Jewellers to receive a notification upon the selected item being in stock.

2.3. Products may be pre-allocated to complete Advance Purchases and such products will be dispatched with priority to customers that have made an Advance Purchase over customers on the ‘Waiting List’ for a product or customers later placing an Online Order. If Whitneys Jewellers is unable to dispatch an Advance Purchase for any reason whatsoever including, but not limited to, production issues or quality issues, we will notify you by email and refund the Advance Payment to your credit/debit card within 30 days of being advised that the product has become unavailable.

2.4. Sale and Clearance Products: From time to time, Whitneys Jewellers may feature products on the Site at pricing lower than the recommended retail price and which fall under the category of ‘Sale’ or ‘Clearance’ stock. All Sale and Clearance products advertised for sale are sold in ‘as is’ condition. Whilst we take reasonable and extra care with all of our products, from time to time, some products may bear superficial marks. For these products, we will provide additional notes in the product’s Description section to state if the product will be delivered in ‘as-is’ condition.

2.5. Please take care to provide us with your correct name, address and contact details at the point of sale before we generate your tax invoice. Whitneys Jewellers will not amend or re-issue tax invoices once they have been processed with the information provided by you at the time of transaction.

3.1. Once you have placed an Online Order, you will receive an email from us acknowledging the details of your Online Order.

3.2. Please note that this email is NOT an acceptance of your Online Order and is solely a confirmation that we have received it.

3.3. Unless you cancel your Online Order, acceptance of your Online Order and completion of the contract between you and Whitneys Jewellers will occur when we email you to confirm that your ordered products have been dispatched.

3.4. The sale contract is concluded in Dubbo, New South Wales, Australia and the language of the contract is English.

3.5. Whitneys Jewellers reserves the right to not accept your Online Order for any reason in our sole discretion including, but not limited to, that we are unable to obtain authorisation for payment, unable to obtain authorisation of the refund verification process (referred to in clause 5 below), that shipping restrictions apply to a particular item, that an item ordered is out of stock, an item does not satisfy our quality control standards and is withdrawn, there is a clear pricing error in relation to an item, or that you do not meet the eligibility criteria set out within the TUTS.

3.6. Whitneys Jewellers may also refuse to process and, therefore, accept an Online Order for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of us withdrawing any item from the Site (whether or not that item has been sold), us removing, screening or editing any materials or content on the Site, or us refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

4.1. Payment for Online Orders can be made by Visa and Mastercard at the point of sale, and any other methods which may be clearly advertised on the Site from time to time.

4.2. You confirm that the credit/debit card that is being used to purchase an Online Order is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to Whitneys Jewellers, we will not be liable for any delay or non-delivery of the products ordered.

4.3. We take reasonable care to make our Site secure. We will NOT store your credit/debit card details on our systems.

4.4. To help ensure that your online shopping experience is safe, simple, and secure, Whitneys Jewellers takes reasonable care, as it is in our power to do so, to keep the details of your Online Order and payment secure, but, in the absence of any negligence on our part, we cannot be held liable for any loss or damage you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Site.

5.1. Whitneys Jewellers will only exchange products for Online Orders provided that you request the exchange prior to us dispatching the products or, if the products have already been dispatched, the products are returned to us within 7 days of the products being delivered and are in the same condition as when the products were dispatched. Any acceptance by us of your request for an exchange remains subject, at all times, to us receiving the products from you and inspecting the condition of the products. You agree to bear any cost or damage incurred by Whitney's Jewellers if the products (including any packaging) are damaged upon their return to us.

5.2. If you wish to exchange products from an Online Order, the following fee/s will apply in the following circumstances:

(a) Customer wishes to exchange goods prior to the goods being dispatched for the reason of ‘Change of Mind’: If you wish to exchange the goods in an Online Order before Whitney's Jewellers dispatches the goods, you may do so without incurring any fees. If the value of the goods you wish to exchange for is higher than the goods in the existing Online Order, Whitney's Jewellers will require the additional amount to be paid to us, prior to dispatching the goods. If the value of the goods you wish to exchange for is lower than the goods in the existing Online Order, Whitney's Jewellers will refund the difference to the original account used to purchase the existing Online Order.



(b) Customer wishes to exchange goods purchased after the goods are dispatched for the reason of ‘Change of Mind’: If you wish to exchange goods from an Online Order after the goods have been dispatched by Whitney's Jewellers, Whitney's Jewellers reserves the right to recover the goods and charge you a restocking fee of up to 5% of the transaction value. If you are not able to personally return the goods back to any Whitney's Jewellers, you may return the goods via courier to the Whitney's Jewellers Head Office located at 149 Talbragar Street, Dubbo NSW 2830. Alternatively, Whitney's Jewellers can arrange for a courier to collect the goods from you at your cost.

5.3. Due to health and hygiene reasons, Whitney's Jewellers does not provide exchanges for earrings and/or body pierced jewellery, unless the product does not comply with the provisions of the Competition and Consumer Act 2010.

5.4. Whitney's Jewellers cannot exchange jewellery or watches after alteration or which have been specially ordered or custom made.

5.5. Whitney's Jewellers does not exchange products which are sold as ‘Sale’ or ‘Clearance’ stock and are noted to be sold in ‘as is’ condition for any reason, including but not limited to, change of mind, unless the product does not comply with the provisions of the Competition and Consumer Act 2010.

5.6. If you place an Online Order for any of the following selected brands and/or products, Whitney's Jewellers will only provide an exchange for that product if you request an exchange at any time within 24 hours of us sending you the acknowledgement of order email referred to in clause 3.1, but no later than Whitney's Jewellers sending you the confirmation of order email referred to in clause 3.3:

6.1. If an Online Order is cancelled, the following fee/s will apply in the following circumstances:

(a) Customer cancels the Online Order prior to the goods being dispatched for the reason of ‘Change of Mind’: If you decide to cancel the Online Order before Whitney's Jewellers dispatches the goods, Whitney's Jewellers reserves the right to charge you a cancellation fee of up to 7.5% of the transaction value.

(b) Customer cancels the Online Order after goods are dispatched for the reason of ‘Change of Mind’: If you decide to cancel the Online Order after Whitney's Jewellers dispatches the goods, Whitney's Jewellers reserves the rights to recover the goods and charge you a restocking fee of up to 12.5% of the transaction value. If you are not able to personally return the goods back to any Whitney's Jewellers Boutique, you may return the goods via courier to the Whitney's Jewellers Head Office located at 149 Talbragar Street, Dubbo NSW 2830. Alternatively, Whitney's Jewellers can arrange for a courier to collect the goods from you at your cost.

(c) Financial Institution cancels the transaction: In the event that your Financial Institution cancels or voids the transaction for an Online Order for any reason, Whitney's Jewellers reserves the right to recover the goods and charge you a cancellation fee of up to 50% of the transaction value.

(d) Whitney's Jewellers cancels the transaction: In circumstances where Whitney's Jewellers has cancelled an Online Order pursuant to these TUTS, a full remittance of the monies charged to you through your Financial institution will occur upon the goods being returned to Whitney's Jewellers.

6.2. In the event of any cancellation of any transaction referred to in this clause 6, including but not limited to any credit card transaction, Whitney's Jewellers reserves the right to charge you the respective cancellation fee percentages referred to above in addition to the recovery of the goods which were subject of the transaction.

7.1. Subject to any other clause herein, Whitney's Jewellers offers refunds for Online Orders if you change your mind regarding the goods ordered, less any applicable cancellation fee as set out in clauses 7.1.(a) or (b).

7.2. Where you claim there is a fault or defect for any product purchased and delivered to you pursuant to an Online Order, Whitney's Jewellers will arrange for an appropriate and relevant jewellery expert or watch brand service representative to determine the alleged fault or defect upon the return of the product to us.

If you are not able to personally return a product that you allege has a fault or defect back to any Whitney's Jewellers, you may return the product via courier to the Whitney's Jewellers Head Office located at 149 Talbragar Street, Dubbo NSW 2830. Alternatively, Whitney's Jewellers can arrange for a courier to collect the product from you at your cost.

7.3. If the product is determined to be faulty or defective and returned in the same condition as it was dispatched:

(a) If you elected to return the goods by courier, Whitney's Jewellers will reimburse, upon proof of receipt, the cost of that courier; and

(b) Whitney's Jewellers reserves its right to either:

(i) replace the product for the exact model and arrange delivery to you; or

(ii) have the faulty or defective product restored and delivered to you.

7.4. Subject to clause 8.5 below, if the product is not determined to be faulty or defective, you may either accept the product back or apply for a cancellation to the Online Order pursuant to clause 6.

7.5. Due to health and hygiene reasons, Whitney's Jewellers does not provide refunds for earrings and/or body pierced jewellery, unless the product does not comply with the provisions of the Competition and Consumer Act 2010.

7.6. Whitney's Jewellers does not refund products which are sold as ‘Sale’ or ‘Clearance’ stock and are noted to be sold in ‘as is’ condition for any reason, including but not limited to, change of mind, unless the product does not comply with the provisions of the Competition and Consumer Act 2010.

7.7. Where Whitney's Jewellers agrees to provide you with a refund, we reserve the right to refund to you the amount less any commission already paid to the relevant financial institution managing the transaction including, but not limited to, your credit card provider, ZIP Pay, ZIP Money, Alipay and Afterpay.

8.1. Whitney's Jewellers will provide you with tracking details from our agent courier for the delivery of your Online Order after it has been dispatched.

8.2. Whitney's Jewellers will not deliver to PO Box addresses.

8.3. Whitney's Jewellers insures each Online Order purchase from the time that the goods are in transit until the goods are delivered to your specified shipping address. We require a signature to complete delivery of goods, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example, as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfilment by Whitney's Jewellers, and transfer of responsibility in the same way.

8.4. Whitney's Jewellers aims to deliver your Online Order within 3 – 5 working days. Please note that we aim to dispatch all Online Orders within a timely fashion.

8.5. Estimated delivery times are to be used as a guide only and commence from the date of dispatch. Whitney's Jewellers bears no responsibility or liability for any delays in delivery.

9.1. For the abundance of caution, this clause 10 applies only when purchasing at a Whitney's Jewellers Boutique location and does not apply to Online Orders.

9.2. Outright Purchase:

(a) Exchange
(i) Whitney's Jewellers will only exchange goods (subject to the exclusions at clauses 10.3(a)(iii), (iv)(v) and (vi) below) when returned in an “as new” condition with proof of purchase and within 14 days of purchase.
(ii) If a customer is entitled to an exchange pursuant to clause 10.3.(a)(i), only one single exchange is permitted (including during any lay-by period).
(iii) Due to health and hygiene reasons, Whitney's Jewellers cannot exchange earrings and/or body pierced jewellery, unless required to do so under the Australian Consumer Law.
(iv) Whitney's Jewellers do not offer exchanges on “sale” or “clearance” items for “change of mind”.
(v) Whitney's Jewellers do not offer an exchange on any items modified from their original condition. This includes watches that have been altered or adjusted and jewellery special orders – see below for further information.

(i) Whitney's Jewellers will only offer a refund if required to do so under Australian Consumer Law.
(ii) Whitney's Jewellers does not offer a refund for “change of mind”.
(iii) Due to health and hygiene reasons, Whitney's Jewellers cannot refund earrings and/or body pierced jewellery unless required to do so under the Australian Consumer Law.
(iv) Whitney's Jewellers does not offer any refunds for Special Orders.
(v) Where Whitney's Jewellers agrees to provide you with a refund, we reserve the right to refund to you the amount less any commission already paid to the relevant financial institution managing the transaction including, but not limited to, your credit card provider, ZIP Pay, ZIP Money, Alipay and Afterpay.

(b) Special Note on Watches: As an authorised reseller (not manufacturer) of various watch brands, Whitney's Jewellers, will rely on the expert technical opinions from its watch partners (manufacturers) in regard to watch conditions, operation and repair when determining whether a refund, replacement or repair of a watch is justified.

(c) Whitney's Jewellers does not refund or exchange clearance stock sold in ‘as is’ condition unless the product does not comply with the provisions of the Competition and Consumer Act 2010.

9.3. Lay-bys & Special Orders:

(a) In these TUTS, a ‘Special Order’ is defined as an item which is to be ordered in, manufactured or altered in line with a customer’s request. This item will be deemed to be on “lay-by” until collected.

(b) At the time of placing a Special Order or purchasing on lay-by:
(i) A minimum 20% deposit of the total purchase amount is required at the time of placing a Special Order or purchasing an item on lay-by.
(ii) Where a Special Order has been placed, the Special Order will only be accepted after a total amount equalling at least 50% of the price of the Special Order has been paid.

(c) During the lay-by period for a lay-by purchase or the work completion period for a Special Order:
(i) If you decide to cancel your lay-by purchase, a cancellation fee equal to 20% of the total purchase amount will be payable by you, and any monies remaining in excess of this amount will be refunded to you.

(ii) If you decide to cancel your Special Order:

a. if the item or material has not been ordered from our supplier, a cancellation fee equal to 20% of the total purchase amount will be payable by you, and any monies remaining in excess of this amount will be refunded to you.
b. if the item or material has been ordered from our supplier, a cancellation fee equal to 50% of the total purchase amount will be payable by you, and any monies remaining in excess of this amount will be refunded to you.

c. Please note that Whitney's Jewellers do not offer any refunds or exchanges for Special Orders if you change your mind once the Special Order has been completed – please choose carefully before committing to placing any Special Order.

(iii) If, during the lay-by period, an item has been modified in accordance with a customer request and the customer later cancels their lay-by purchase, the customer must pay an amount necessary to restore the item to its original condition, in addition to the cancellation fee/s outlined above. Whitney's Jewellers reserve the right to determine the cost for such restorative work.

(iv) If you decide to exchange your lay-by purchase and we agree, you may do so only:

a. Within two weeks from the commencement date of the lay-by; and

b. If the exchanged item/s is of equal or greater value than original total purchase amount.

(v) You are permitted to one exchange only during the lay-by period. If an exchange is made, the lay-by period will continue from the start of the original purchase date.

(vi) Exchanges are not offered on any Special Orders – please choose carefully before committing to placing any Special Order.

(vii) Whitney's Jewellers requires that a payment equal to at least 30% of the total purchase amount less the deposit be paid at least every 30 days after the date of purchase.

(viii) Unless otherwise agreed between you and Whitney's Jewellers, if a lay-by purchase or Special Order has not been fully paid within 90 days from the date of the lay-by purchase or the placing of the Special Order, the lay-by purchase or the Special Order will be deemed to be cancelled and the provisions of clause 10.4 (c)(i) or 10.4(c)(ii) shall apply.
(ix) To assist us in serving you to a high standard of professionalism and efficiency, when making payments towards a lay-by purchase or Special Order, please bring your original lay-by or Special-Order receipt with you.

(d) At collection of your lay-by purchase or Special Order:
(i) All monies owing on a lay-by purchase or Special Order must be fully paid and cleared before collection of the goods. All direct deposits must be confirmed during business hours before being considered and applied towards outstanding balances. This may take at least 2 – 3 working days to confirm.

(ii) If you authorise for someone other than the person named on the receipt to collect or to make payment on your behalf, you must first notify Whitney's Jewellers in writing. Whitney's Jewellers may ask for identify documents to be produced to confirm that person’s identity at collection.

(iii) After collection of a Special Order, Whitney's Jewellers does not offer any refunds or exchange.

(iv) After collection of a lay-by purchase, Whitney's Jewellers does not offer any refunds, however, the provisions in clause 10.3(a) will apply for an exchange.

(e) Whitney's Jewellers do not provide lay-by for the following selected brands and/or products:

9.4. Please take care to provide us with your correct contact details at the point of sale before we generate your tax invoice. Whitney's Jewellers will not amend or re-issue invoices once they have been processed with the information originally provided at the time of transaction.

9.5. For security and verification purposes, when making any purchase by electronic funds transfer, we require that you provide us with at least two forms of identification.

10.1. We recognise the trust you are placing in us through your dealings with us. We will do everything we can to maintain that trust. Our team are employed on the basis that they will protect information about you. This is our personal standard. Under law, your rights to privacy are also protected. The National Privacy Principles, the Privacy Act 1988 and general law place strict requirements on us to treat certain information collected as confidential.

10.2. If you have any concerns, please email us through our ‘Contact Us’ section on our website.

10.3. We advise that Whitney's Jewellers Pty Ltd and its related bodies corporate are all members of an organisational group of companies whose principal business and concern is the marketing and sale of luxury items including jewellery and timepieces.

10.4. By providing your details to us, we confirm that you consent to any of the above-named organisations disclosing personal information about you for the purposes of direct marketing by any members of the above organisational group.

10.5. At any time, you may request not to receive direct marketing or communications from any member of this organisational group by contacting your local Whitney's Jewellers Boutique or clicking the relevant link in the footer of all marketing communication.

10.6. We will not provide any information regarding any Online Order or in-store purchase to any person unless that person is the person named on the receipt for the Online Order or in-store purchase, or if the person named on the receipt sends us an email from the email registered to that Online Order or in-store purchase authorising another person/s to request and/or receive such information, or we are required to by law, or as reasonably required for us to report a crime or criminal activity to a government agency or department.

11.1 Watches

(a) Whitney's Jewellers will charge you a non-refundable fee of $79.00 for postage, handling and insurance costs for all watches accepted for repair that are outside of their consumer guarantee period and were purchased from Whitney's Jewellers, and for watches within their consumer guarantee period which have not been purchased from Whitney's Jewellers. This fee must be paid to us in full before a watch will be forwarded to our third-party watch repairer.

(b) Delivery times for third party repairs can be up to 6 months or more and will, among other factors that may be out of our control, depend on the availability of parts. We advise and you acknowledge that Whitney's Jewellers is unable to influence repair lead times.

(c) Whitney's Jewellers accepts no liability in respect of any and all watch repairs, delays arising from watch repairs, and all such repairs, which you, as the customer, accept are at your own risk.

(d) Whitney's Jewellers cannot guarantee factory finish when polishing watches.

11.2. Jewellery

(a) Whitney's Jewellers accepts no liability in respect of any and all jewellery repairs, delays arising from jewellery repairs, and all such repairs, which you, as the customer, accept are at your own risk.

(b) An assessment will be carried out by a qualified expert prior to any repair commencing. This assessment will detail the condition and the necessary repair(s) for the item(s).

(c) Any such assessment shall not be relied upon by you, the customer, unless that assessment has been conducted by a qualified expert. Any representation by Whitney's Jewellers’ staff in-store and/or on receipt of the jewellery for repair, shall not be relied upon by you, the customer, as an assessment of the value, quality or authenticity of the jewellery item.

(d) Whitney's Jewellers accepts no responsibility or liability for gemstones that are chipped, cracked, fractured, damaged or not authentic, or where such an item is discovered during the course of the repair to be chipped, cracked, fractured, damaged or not authentic, or for gemstones that become loose during the repair being undertaken.

(e) In addition where you have provided a treated gemstone to Whitney's Jewellers, and where this has not been disclosed to Whitney's Jewellers at the time of receipt of the gemstone for repair, Whitney's Jewellers takes no responsibility for the change of condition of the gemstone due to the repair requiring the removal of any internal and external treatments of the gemstones.

(f) Similarly, Whitney's Jewellers accepts no responsibility or liability for metals that are chipped, cracked, fractured, damaged or not authentic, or where such an item is discovered during the course of the repair to contain metals that are chipped, cracked, fractured, damaged or not authentic.

(g) In addition where you have provided a treated metal to Whitney's Jewellers, and where this has not been disclosed to Whitney's Jewellers at the time of receipt of the metals for repair, Whitney's Jewellers takes no responsibility for the change of condition of the metals due to the repair requiring the removal of any internal and external treatment of the metals.

(h) Any guarantee noted on your repair does not include damage or issues that arise from wear, accidental damage, misuse or abuse.

11.3. In respect of any Uncollected Goods, please refer to clauses 26 and 27 below.

12.1. When you use the Site or send emails to Whitney's Jewellers, you are communicating with Whitney's Jewellers electronically. You consent to receive communications electronically from Whitney's Jewellers. Whitney's Jewellers will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that may be applicable that such communications be in writing.

12.2. We accept no responsibility or liability for incomplete or inaccurate customer contact details. Please be sure to check and update with Whitney's Jewellers should you become aware of any discrepancy in your contact details used by us.

Your use of the Site and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the Content (as described in the Content section below), including Whitney's Jewellers’ software and all HTML and other code contained in this Site. All such Content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorised by Whitney's Jewellers and/or its third-party licensors. Any reproduction or redistribution of the above listed Content without authorisation is prohibited and may result in civil and/or criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use.

This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any content, software, products, or services contained within this Site. You may not use this Site, or any of its contents, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own or any other website or medium. For marketing and advertising enquiries please contact us through the ‘Contact Us’ section on our Site.

You expressly understand and agree that Whitney's Jewellers and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Whitney's Jewellers has been advised of the possibility of such damages), resulting from your use of the Site, its contents or any related services.

You agree to indemnify and hold Whitney's Jewellers (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, including reasonable solicitors’ fees, arising out of or related to your breach of these TUTS, or your violation of any law or the rights of a third party.

Whitney's Jewellers reserves the right to make changes to the Site, related policies and agreements and these TUTS, without notice.

Notwithstanding any other provisions of these TUTS, or any general legal principles to the contrary, any provision of these TUTS that imposes or contemplates continuing obligations on a party will survive the expiration or termination of these TUTS.

These TUTS shall be exclusively governed by the laws of Australia.

20.1. If a provision in these TUTS is held to be illegal, invalid, void, voidable or unenforceable, that provision must be read down to the extent necessary to ensure that it is not illegal, invalid, void, voidable or unenforceable, if possible.

20.2. If it is not possible to read down a provision as required under this clause, that provision is severable without affecting the validity or enforceability of the remaining part of that provision or the other provisions in these TUTS.

Execution of the copy of the receipt given at the point of sale (“POS”) is an acknowledgment by you that you agree to be bound by Whitney's Jewellers’ TUTS.

22.1. Warranty applies to all new products pursuant to the Sale of Goods Act 1923.

22.2. Whitney's Jewellers provides no warranty for any second-hand goods or in respect of any repairs.

22.3. In the event that you accept receipt of any goods from Whitney's Jewellers that have been prepared by Whitney's Jewellers you acknowledge and agree that you have examined the goods at receipt and that you are satisfied with the skill and workmanship.

22.4. Further, in the event that you have left goods for repair with Whitney'sJewellers, you confirm that you have examined the goods at the point of receipt from Whitney's Jewellers and have affirmed and accepted that such goods are identical goods to the goods you provided to Whitney's Jewellers for repair and/or service.

22.5. Whitney's Jewellers will not be liable for subsequent claims by you to the effect that the goods provided to Whitney's Jewellers by you are not the goods which were returned to you subsequent to the service or repair. No claim, loss or damage shall be claimed by you from Whitney's Jewellers in relation to any allegation or replacement cost for any goods that have been left with Whitney's Jewellers for repair or service.

Whilst all care, skill and consideration is taken to ensure that the goods provided for the purposes of sale are as described, you warrant that at the time of purchase at the time of sale you have conducted any and all due diligence reasonably required by you to verify that the goods purchased are as described and Whitney's Jewellers takes no responsibility and shall not be liable for any claim in damages or otherwise in respect of any goods which have been purchased by you from Whitney's Jewellers but which have been misdescribed to Whitney's Jewellers by its ultimate supplier where Whitney's Jewellers has relied upon this description by the supplier in the normal course of business and has undertaken the usual inspection practices which one would reasonably expect from a person or company in the position of Whitney's Jewellers.

If you have purchased goods from Whitney's Jewellers, you hereby agree, by accepting these terms and conditions, for Whitney's Jewellers to provide your contact details to its preferred insurance provider and you agree to receive any and all information and marketing information from Whitney's Jewellers’ preferred insurance provider. At some point after the point of sale a representative of Whitney's Jewellers’ preferred insurance provider may contact you with an option to register and insure your goods. You will have the option not to purchase or participate in that service.

25.1. Where an item has been left for jewellery repair or watch repair, and the goods are available for collection by you, the following procedure will apply in relation to such goods:

25.2. Whitney's Jewellers will send you an electronic communication to the email address provided (or where an email address has not been provided, to your last known address in writing) advising that the goods are available for collection within fourteen (14) days;

25.3. In the event that you do not collect the goods within fourteen (14) days, Whitney's Jewellers will send you a second notice advising you that the goods must be collected within fourteen (14) days, failing which the goods will be able to be dealt with by Whitney's Jewellers;

25.4. In the event that you have failed to collect the goods within fourteen (14) days of having received the second notice, Whitney's Jewellers will advise, by notice in writing, that the failure to collect your goods within seven (7) days thereafter will result in the goods being deemed to be Uncollected Goods for the purposes of these TUTS;

25.5. Where goods are Uncollected Goods, and where you have failed to collect the goods within seven (7) days of having been sent the third notice referred to above, Whitney's Jewellers will be at liberty to deal with the goods as follows:

(a) The goods will be provided to a Second Hand Dealer holding a current New South Wales Second Hand Dealers Licence, to be marketed for sale;

(b) Within 30 days of having been received by the Second Hand Dealer, the Second Hand Dealer will market the goods for sale by way of advertising and tender for a 30-day period;

(c) After the 30-day marketing period, within which the goods have been marketed for sale, the Second Hand Dealer will advise Whitney's Jewellers of the highest and best price offered to the Second Hand Dealer in respect of such goods. Where the price received by the Second Hand Dealer is in excess of the amount outstanding to Whitney's Jewellers in respect of such watch and jewellery repair (being an amount in excess of Whitney's Jewellers’ invoice) the Second Hand Dealer will be at liberty to sell the goods for the highest and best price offered during the 30-day period to such buyer;

(d) The Second Hand Dealer shall be entitled to charge an amount of 20% plus GST commission of the total value received in respect of the Uncollected Goods, subject at all times to the priority in payment to Whitney's Jewellers in respect of the amount outstanding for the repair of such goods;

(e) Where after the repayment to Whitney's Jewellers of the amount outstanding, and where after payment to the Second Hand Dealer in respect of the commission fee referred to above, there is an amount in excess of the above amounts remaining from the sale of such goods, that amount shall remain in trust with Whitney's Jewellers for a period of a further 60 days, to be held on account of the customer;

(f) Where such funds are not collected by the customer within 60 days of having been sent a written notice from Whitney's Jewellers, that such amount is held in trust for them, Whitney's Jewellers shall be at liberty to claim any and all amounts held in trust for the customer to its own account thereafter as fair consideration for the marketing and sale of the Uncollected Goods.

26. Uncollected Goods Agreement

Clauses 26 and 27 are an agreement for the dealing of Uncollected Goods between you, being the customer, and Whitney's Jewellers within the meaning of section 6 of the Uncollected Goods Act 1995 (NSW), to the effect that the Uncollected Goods Act 1995 (NSW) does not apply to any goods provided to Whitney's Jewellers for repair.