Terms & Conditions
Welcome to Zenelia Jewel !
I. TERMS & CONDITIONS
1.1 This website www.zeneliajewel.com (“Website” or "Site") is operated by ZL Aus Holding Pty Ltd t/as Zenelia Jewel. Throughout the site, the terms “we”, “us” and “our” refer to Zenelia Jewel. Zenelia Jewel offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
1.3 Please read these Terms carefully before accessing or using our Website. By visiting, accessing and using any part of the Website, or purchasing something from the Website (“Purchase”) you agree to be bound by these Terms. These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
1.4 Any new features or tools which are added to the current Website shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.
2.1 By agreeing to these Terms, you represent that you are at least 18 years old, or that you have given us your consent to allow any of your minor dependents to use this Website.
2.2 You must only use the Website in accordance with these Terms and any applicable law. You must not use our products or any contents published on our Website for any illegal or unauthorized purpose nor may you, in the use of the Website, violate any laws in your jurisdiction (including but not limited to copyright laws).
2.3 You must not interfere or disrupt any features, functions or the servers or network of the Website. You must not transmit any worms or viruses or any code of a destructive nature.
2.4 We reserve the right to refuse your Purchase or your use of the Website for any reason at any time.
2.5 You understand that your content (not including credit card information), may be transferred unencrypted and involve:
(a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting networks or devices.
2.6 Credit card information is always encrypted during transfer over networks.
2.7 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website, any contents published on the Website without the express written permission by us.
2.8 We reserve the right to suspend or terminate any features or any services of the Website at any time. We do not guarantee that the Website will be available without disruption at all times. We will not be responsible for any of your loss or damages caused by the disruption of the Website.
2.9 The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
2.10 If you make a Purchase from us or register an account with us, you shall give us accurate and current information including your name, address, and a valid email address and/or mobile phone number.
2.11 You shall keep your account password secure. We are not responsible for any unauthorised activity on your account however, we may refer suspicious activities on your account to the relevant authorities.
3.1 The content published on the Website are subject to copyright, trademarks and other applicable intellectual property rights which are owned by or licensed to us.
3.2 You must not reproduce, transmit, communicate, adapt, distribute, sell, modify or publish or otherwise use any of the material on the Website, including any audio and video materials, except for sharing such content through the social media links where available on the Website or except as permitted by law or with our prior written consent.
3.3 We have made every effort to display as accurately as possible the colours and images of our products that appear on the Website. We cannot guarantee that your computer monitor's display of any colour will be accurate.
3.4 Where the information is provided by third parties, we are not responsible for the inaccuracies or errors caused by the information supplied to us by these third parties.
3.5 We will endeavour to make the information made available on this Website to be accurate, complete or current, however, we cannot warrant that all the information will be accurate, complete or current at all times. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
3.6 Occasionally there may be information on our Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and stock availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Website or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). No specified update or refresh date applied on the Website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
3.7 We reserve the right to modify the contents of this site at any time. You agree that it is your responsibility to monitor changes to our site.
4. Products & Prices
4.1 All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us.
4.2 We reserve the right at any time to modify or discontinue selling any of the products (or any part or content thereof) without notice at any time.
4.3 We shall not be liable to you or any third-party for any modification, price change, suspension or any discontinuance of any kind associated with the Website.
4.4 Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
4.5 We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer.
4.6 Any offer for any product or service made on this site is void where prohibited.
4.7 We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.
5.1 Our products come with guarantees that as prescribed under the Australian Consumer Law.
5.2 You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.
5.3 You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
6. Orders & Accounts
6.1 We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
6.2 You agree to provide current, complete and accurate purchase and account information for all Purchases made at our Website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
6.3 If you discover that you have made a mistake with your Purchase after you have submitted it to the Website, please contact our customer service (email@example.com) immediately. However, we cannot guarantee that we will be able to amend your Purchase in accordance with your instructions.
6.4 When you place an order, you will receive from us a confirmation either by e-mail or by text message. This confirmation will only be an acknowledgement and will not constitute acceptance of your Purchase.
6.5 We may in our discretion refuse to process your Purchase or cancel your Purchase at our sole discretion. The reasons for refusing or cancelling your Purchase including but not limited to:
(a) unavailability of stock or we may offer you an alternative product or provide you with a full refund (if you have already made the payment for the Purchase);
(b) the Purchase appears to be placed by dealers, resellers or distributors that are not authorised by us.
6.6 If we refuse or cancel your Purchase, we will provide you a full refund through the payment method used to make the payment of the Purchase or any other alternative methods as advised by us from time to time.
7. Third-party Features, Tools & Links
7.1 We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
7.2 You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
7.3 Any use by you of optional tools offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
7.4 We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.
7.5 Certain content, products and services available via our Website may include materials from third-parties. Third-party links on this Website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
7.6 We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
8. User Comments, Feedback and Other Submissions
8.1 If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.
8.2 We are and shall be under no obligation:
(a) to maintain any comments in confidence unless you specifically requested so;
(b) to pay compensation for any comments; or
(c) to respond to any comments.
8.3 We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
8.4 You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Website or any related website.
8.5 You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
9. Personal Information
10. Prohibited Uses
10.1 In addition to other prohibitions as set forth in the Terms, you are prohibited from using the site or its content:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
(h) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) for any obscene or immoral purpose; or
(k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
10.2 We reserve the right to terminate your use of the Website for violating any of the prohibited uses.
11. Disclaimer of Warranties & Limitation of Liability
11.1 We do not guarantee, represent or warrant that your use of the Website will be uninterrupted, timely, secure or error-free. You agree that from time to time we may remove the Website for indefinite periods of time or cancel the service at any time, without notice to you.
11.2 You expressly agree that your use of, or inability to use, the service is at your sole risk.
11.3 In no case shall Zenelia Jewel, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of our products or our Website, or for any other claim related in any way to your use of the product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
11.4 Nothing in these Terms excludes or limits your statutory rights as a consumer or our liability for:
(b) death or personal injury caused by our breach of duty;
(c) any breach of the obligations implied by law; or
(d) any other liability which cannot be excluded or limited by applicable law.
12.1 You agree to indemnify, defend and hold harmless Zenelia Jewel and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms, or your violation of any law or the rights of a third-party.
13.1 In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
14. Entire Agreement
14.1 The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
14.2 These Terms and any policies or operating rules posted by us on this Website constitute the entire agreement and understanding between you and us and govern your use of the Website and your Purchase, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms & Conditions).
14.3 Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
15. Governing Law
15.1 These Terms shall be governed by and construed in accordance with the laws of Australia.
16. Change to Terms
16.1 You can review the most current version of the Terms at any time at this page.
16.2 We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website following the posting of any changes to these Terms constitutes acceptance of those changes.
17. Contact Information
17.1 Questions about the Terms should be sent to us at firstname.lastname@example.org.
II. SHIPPING POLICY
- Purchase value less than $100AUD
- $8 – express or registered post by AustPost
- Purchase value $100AUD and up
- free – express or registered post by AustPost
Rest of world
- Purchase value less than $500AUD
- $15AUD - International Standard by AustPost (est. 6 business days to major metro areas)
- $25AUD - International Express by AustPost (est. 4 business days to major metro areas)
- Purchase value $500AUD and up
- Free - International Express by AustPost (est. 4 business days to major metro areas)
1. We aim to deliver the products to you at the address provided by you for your Purchase within the timeframe suggested by us at the time when you make your Purchase, but we cannot guarantee any firm delivery dates.
2. Most of the items published on our Website are made to order. We aim to process your order and dispatch the item within the timeframe as suggested. However, the actual processing time of your Purchase may vary depending on a number of factors. We cannot guarantee your item will be dispatched on a certain date.
3. We will try to let you know if we expect to be unable to meet our estimated delivery date, but, to the extent permitted by law, we will not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
4. You must ensure that you are able to take delivery of the product without undue delay and at any time reasonably specified by us. If you are not, the couriers may leave a card giving you instructions on either re-delivery or collection from the carrier.
5. Please note that it might not be possible for us to deliver to some locations. If this is the case, we will inform you using the contact details that you provide to us when you make your Purchase and arrange for cancellation of the Purchase or delivery to an alternative delivery address.
6. Unless otherwise specified by you, all risk in the product shall pass to you upon delivery. If the delivery is delayed, risk shall pass at the date when delivery would have occurred. From the time when risk passes to you, we will not be liable for loss or destruction of the product.
7. You must take care when opening the product so as not to damage it, particularly when using any sharp instruments.
III. REFUND & RETURN POLICY
1. Our policy lasts 14 days. If 14 days have gone by since you have received the item, unfortunately we can’t offer you a refund or exchange.
2. To be eligible for a return, your item must be unused and in the same condition that you received it.
3. Sales items are exempt from being returned.
4. To complete your return, we may require you to provide a receipt or proof of purchase.
5. There are certain situations where only partial refunds are granted (if applicable):
(a) Any item not in its original condition, is damaged or missing parts for reasons not due to our error;
(b) Any item that is returned more than 14 days after the item has been delivered
Refunds (if applicable)
6. Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.
7. If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.
Late or missing refunds (if applicable)
8. If you haven’t received a refund yet, first check your bank account again.
Then contact your credit card company, it may take some time before your refund is officially posted. Next, contact your bank. There is often some processing time before a refund is posted.
9. If you’ve done all of this and you still have not received your refund yet, please contact us at email@example.com.
Sale items (if applicable)
10. Unless the product is faulty, only regular priced items are eligible for refund or exchange, unfortunately sale items cannot be refunded.
Exchanges (if applicable)
11. We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email at firstname.lastname@example.org and send your item to:
PO Box 164,
Collins Street West, VIC 8007.
12. To return your product, you should mail your product to:
PO Box 164,
Collins Street West, VIC 8007
13. You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. Unless the reasons for the return is that the product is faulty.
14. Depending on where you live, the time it may take for your exchanged product to reach you, may vary.
15. You should consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.
Personal information we collect
2. When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information”.
3. We collect Device Information using the following technologies:
(a) “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
(b) “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
(c) “Web beacons”, “tags”, and “pixels” are electronic files used to record information about how you browse the Site.
4. Additionally when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers), email address, and phone number. We refer to this information as “Order Information”.
How do we use your personal information?
6. We use the Order Information that we collect generally to fulfil any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to:
(a) Communicate with you;
(b) Screen our orders for potential risk or fraud; and
(c) When in line with the preferences/consents you have shared/given with us, provide you with information or advertising relating to our products or services.
7. We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).
Sharing your personal Information
8. We share your Personal Information with third parties to help us use your Personal Information, as described above. For example, we use Shopify to power our online store--you can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy. We also use Google Analytics to help us understand how our customers use the Site -- you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
9. Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
10. As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.
11. You can opt-out of targeted advertising by using the links below:
(a) Facebook: https://www.facebook.com/settings/?tab=ads
(b) Google: https://www.google.com/settings/ads/anonymous
(c) Bing: https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads
12. Additionally, you can opt-out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.
Do not track
13. Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.
14. If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us.
15. Additionally, if you are a European resident we note that we are processing your information in order to fulfil contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.
16. When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.
18. The Site is not intended for individuals under the age of 18.
19. For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at email@example.com.