TERMS OF USE

Our Commitment To You:

Many of our items are limited edition, please select your item with care to avoid disappointment. If you decide you would like an exchange on your items as long as you return it in original condition with proof of purchase within 30 days, we are happy to oblige.
Our designs are of the highest quality and undergo a vigorous quality assessment before they reach our store. On the off chance a fault is not detected and is later found by our jeweller we would share your disappointment and would certainly refund your purchase should you request it.
Every piece of Secrets jewellery has been designed, created and delivered to you with love. We sincerely hope you enjoy your Secrets experience as much as we have enjoyed creating it for you.

In the occasion of a Sale Event the following terms and conditions apply:

Advertised offer/discount applies to jewellery purchases and cannot be used in conjunction with any other offer or promotion (including promotional vouchers). Offer is not redeemable for cash or against a prior purchase. Excludes gift card purchases, layby’s, special orders, repairs, clearance items and online exclusive items. Promotional time period as advertised only.

Gift with Purchase - Cabochon Stud Earrings:

Valid from AEST 5pm 3/11/17 until midnight AEST 5/11/17. Online offer only. Studs will be automatically included in parcels with purchases over $300. Free studs will be either VIP13E35SSAM or VIP13E33SSCH, selected at random, valued at $60. One gift per online order over the specified spend, excluding shipping. Not valid on the purchase of gift cards. If a purchase is returned, gift must also be returned. While stock lasts.

Free Jewellery Cleaning:

Free cleaning on Secrets jewellery only, take your pieces into any Secrets store or post securely to Online Department, PO Box 1670, Noosaville BC, QLD 4566, Australia (return post cost of $15 will apply within Australia).

Last Guaranteed Shipping Dates:

Delivery for in stock items only, not including special orders or resizes. We cannot guarantee Australia Post delivery services. For delivery within Australia only.

Online Gift Vouchers:

Online gift cards are valid only online at www.secrets-shhh.com and valid for 12 months from the date of purchase. Gift voucher will contain a unique code that can be redeemed by entering at the checkout. For in store gift vouchers please visit your local store to purchase.

In the event of a Free Shipping Promotion:

Australian orders only. Online orders only. During specified promotion dates. Not valid on exchanges, returns or repairs.

In the event of a Gift with Purchase Promotion:

One gift per online order over the specified spend, excluding shipping. Not valid on the purchase of gift cards. If a purchase is returned, gift must also be returned. While stock lasts.

INTERPRETATION In these terms:

(a)Business Day means a weekday on which banks are open for normal banking business in the State or Territory in which the Company’s office who is providing the particular Goods is located (excluding any public holidays).
(b)Company means Secrets Stores Pty Ltd (ABN 98 154 731 692), and its successors and assigns.

(c)Customer means the entity or person acquiring the Goods upon these Terms.
(d)Goods means the goods sold to the Customer by the Company, and includes (without limitation) jewellery products.
(e)GST has the meaning given to that term in the GST Law.
(f)GST Law has the meaning given to that term in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
(g)Insolvency Event means one or more of the following events:
(i)an application is made, or a resolution is passed, to wind-up the Customer;
(ii)a controller or administrator is appointed in respect of the Customer or any of its assets;
(iii)the Customer suffers or commits an act of bankruptcy within the meaning of the Bankruptcy Act 1966 (Cth);

(iv)the Customer dies, ceases to be of full legal capacity or becomes incapable of managing its own affairs for any reason; or
(v)the Customer is unable to pay its debts as and when they become due and payable.
(h)State means the State of Queensland in the Commonwealth of Australia.
(i)Terms means the Company’s standard terms and conditions of sale and supply as set out in this document (or any written variations to this document), unless the context otherwise requires.

2. GENERAL

(a)The Company agrees to sell and the Customer agrees to purchase the Goods in accordance with these Terms.
(b)These Terms shall apply to all Goods sold by the Company to the Customer unless otherwise agreed in writing by a duly authorised representative of the Company.

(c)These Terms are deemed to be incorporated into all contracts for the sale of Goods by the Company to the Customer, and will prevail over any inconsistent terms in any document of the Customer unless otherwise agreed by the Company in writing.
(d)If the Customer places an order with the Company for Goods, enters into a contract with the Company, the Goods are delivered or provided to the Customer, or the Customer makes any payment, the Customer is taken to have accepted these Terms.

3. ORDERS / ACCEPTANCE

(a)The sale prices for Goods are stated on the Company’s website (http://www.secrets-shhh.com) (Website). All Customer orders shall constitute an offer and shall be subject to acceptance by the Company.
(b)The sale price for Goods may change at any time up to payment for the Goods in full and shipment by the Company of the Goods. Orders cannot be modified or cancelled after acceptance by the Company except with the prior written consent of the Company.

4. GOODS

(a)If the Customer orders Goods, the Customer must inspect the Goods provided by the Company immediately on supply of the Goods to the Customer, and must within 5 Business Days after the date of supply the Goods (Supply Date) give written notice to the Company of any claim in the event that the Goods are defective, supplied in error, or if there are any discrepancies in the quantity delivered (including providing particulars of the claim).
(b)If the Customer fails to give written notice to the Company pursuant to sub clause (a) above, then to the extent permitted by statute, the Goods are deemed to have been accepted by the Customer in accordance with the provisions of these Terms.

(c)The Company will use its best endeavours to fulfil any accepted orders for Goods, however if, due to any cause whatsoever, the Company is not able to supply particular Goods which have been ordered by the Customer, the Company may at its absolute discretion cancel any order for Goods which in the opinion of the Company are impractical or uneconomic to produce and/or supply.
(d)The Customer may not cancel an order for Goods unless the Company first agrees in writing, and in any event the Company will not agree to cancel an order for Goods unless the Customer compensates the Company for all loss and damage arising from the cancellation.
(e)The Company may immediately cancel any order (in whole or in part) by notice to the Customer and resell the Goods if the Customer fails to comply with any of its obligations under these Terms or under an agreement for the sale of Goods, or if an Insolvency Event occurs in respect of the Customer.
(f)Upon cancellation of any order for the Goods, the Customer must indemnify the Company for any costs and expenses incurred by the Company prior to cancellation and must pay any reasonable cancellation charges fixed by the Company.
(g)This clause 4 is at all times subject to clause 13 (“Implied Terms”).

5. TERMS OF SERVICES / DELIVERY

Delivery will occur when Goods leave the company’s premises in Queensland, Australia, (Ph +61 5474 0008 or email headoffice@secrets-shhh.com)
(a)The Customer is responsible for ensuring that it is available to receive goods delivered.

(b)All delivery dates and times for the supply of the Goods are only an estimate. Subject at all times to clause 13 (“Implied Terms”), the Company is not liable to the Customer for any loss or damage (including consequential loss or damages) arising from late delivery.
(c)Where the Customer does not accept delivery of Goods when the Goods are ready for delivery by the Company, the Company may charge the Customer an additional fee. The additional fee will be as determined by the Company in its absolute discretion (and may include, without limitation, freight and/or handling fees, storage costs, double handling costs, labour fees, travel and accommodation fees and any other out of pocket expenses of the Company).
(d)The Company may, in its absolute discretion, charge the Customer for any frustrated delivery to deliver the Goods to cover the Company’s costs of attempted delivery of the Goods.
(e)This clause 5 is at all times subject to clause 13 (“Implied Terms”).

6. PRICES AND PAYMENT

(a)Subject to clause 3 and this clause 6, the price for the Goods will be the price stated on the Website provided by the Company to the Customer, unless otherwise specified.
(b)Payment for the Goods must be made in full by the Customer at the time of placing an order(s) for Goods.

(c)The Company may (in its absolute discretion) offer a price concession or discount on the price for any Goods, however such price concession or discount that the Company provides to the Customer is conditional on the Customer’s full compliance with these Terms. If the Customer does not comply with these Terms the price concession or discount offered by the Company will not apply and the full price will apply.

7. GST

Unless otherwise stated, the prices specified by the Company are GST inclusive.

8. WARRANTY, LIMITATION OF LIABILITY AND INDEMNITY

(a)Guarantees
The Company’s Goods come with guarantees that cannot be excluded under the Australian Consumer Law. The Customer is entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable damage. The Customer is 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. This warranty against defects is given in addition to other rights and remedies of the consumer under law.

(b)Warranty
Subject to clause 8(c), any defect in workmanship or materials of the Goods which occurs in the case of Goods within 12 months of the Supply Date (as defined in clause 4(a)(i), will be replaced or repaired by the Company (in the Company’s absolute discretion) free of charge, provided that:

(i)to claim the warranty, the Customer must notify the Company at the address listed below in clause 8(d); and
(ii)if the Company requires the Goods to be returned to the Company, the Goods are returned at the Customer’s expenses.

(c)Exclusion
The warranty provided by the Company pursuant to this clause 8(b) and any other express warranty given by the Company, does not apply to:
(i)any consumable goods as determined by the Company; and

(ii)any Goods that have already been repaired or replaced by the Company pursuant to clause 8(a); or
(iii)the repair of any fault or the replacement of any defective part in the Goods directly or indirectly resulting from:
(A)any negligence or malpractice of the Customer or any third party;
(B)any action or inaction of the Customer or any third party (including, without limitation, any fire, flood, war, explosion, shortage of power, strikes, or due a telecommunications and / or network fault or failure);
(C)any act of God (including, without limitation, any flood, fire, lightning strike); or
(D)the Customer or any third party failing to use or operate the Goods in accordance with these Terms (including, without limitation, clause 5).
(d)Provider of warranty
The warranty given by the Company in this clause 8(a) is given by Secrets Stores Pty Ltd (ABN 98 154 731 692) of P.O. Box 1670, Noosaville BC, Noosaville QLD, 4566, Australia (Ph +61 5474 0008 or email headoffice@secrets-shhh.com)
(e)Remedies
Subject to this clause 8 and so far as may be permitted by law the liability of the Company and its employees and/or agents for a breach of a Non-Excluded Guarantee in relation to the supply of goods or services other than goods or services of a kind ordinarily acquired for personal, domestic or household use or consumption shall, at the Company's option, be limited to:

(i)in the case of goods:
(A)the replacement of the goods or the supply of equivalent goods; or
(B)the repair of the goods; or
(C)the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(D)the payment of the cost of having the goods repaired; or
(ii)in the case of services:
(A)the supply of the services again; or
(B)the payment of the cost of having the services supplied again.
(f)Exclusion of liability Other than as provided for in this clause 8, the Company, its employees and/or agents shall not be liable for any loss or damage (including any consequential loss or damage, which includes, without limitation, loss of profits and loss of revenue) of any kind whatsoever, even if due to the negligence of the Company, its employees and/or agents.
(g)Reliance on skill or judgment Subject to clause 13 (“Implied Terms”), the Customer acknowledges that the Customer does not rely on the skill or judgment of the Company as to whether or not the Goods fit for any particular purpose.
(h)Indemnity Subject to clause 13 (“Implied Terms”), the Customer indemnifies the Company from every liability, loss, damage, cost and/or expense directly or indirectly incurred or suffered by the Company caused by or contributed to or by any of the following:
(i)the Company complying with any instruction of the Customer about the Goods;
(ii)the Customer's, or any third party associated with the Customer, failure to:
(A)adequately provide or display safety markings or safety information on or with the Goods;
(B)comply with any law about the Goods they use (for example, their sale, marketing, labelling or marking);
(C)take any reasonable precaution to bring to the attention of any potential users of the Goods any dangers associated with Goods;
(D)take any reasonable precaution to detect any matters in relation to which the Company may become liable in any way (for example, under the Australian Consumer Law);
(E)provide correct information to the Company; and
(F)immediately advise the Company (in writing) of any changes to the information provided to the Company;
(iii)the Customer making any statement about the Goods (for example, about their performance or characteristics) without the Company’s written approval;
(iv)the use or operation of the Goods by the Customer or any third party; and
(v)any negligence or breach of duty by the Customer or any third party or any breach by the Customer or any third party of these Terms.

9. RISK AND TITLE

(a)Risk and title in the Goods shall pass to the Purchaser immediately upon delivery of the Goods by the Company (unless otherwise agreed by the Company in writing).

10. TERM AND TERMINATION

(a)The Goods will be provided by the Company to the Customer as agreed and in accordance with these Terms.
(b)The Company may terminate its agreement with the Customer in accordance with these Terms (including, without limitation, pursuant to clause 11 and 12).
(c)The Customer may terminate its agreement with the Company in accordance with clause 5(c).

11. DEFAULT

(a)If the Customer fails to comply with these Terms (including, without limitation, a failure to pay monies on the basis set out in these Terms):
(i)the Customer must pay to the Company all expenses, including (without limitation) legal expenses and all debt collection agency costs incurred by the Company in enforcing its rights under these Terms;

(ii)the Company may state in any notice to the Customer that, unless the default is remedied, all money owing under these Terms which is not yet due for payment is now due, and if the notice of the Company is not complied with then that money becomes due; and
(iii)the Company may immediately terminate these Terms.
(b)If the Customer is affected by an Insolvency Event, the Company may immediately terminate this agreement.
(c)If the Company terminates these Terms in accordance with this clause 11 or as otherwise provided in these Terms, the Company may, without prejudice to any other rights or remedies available to the Company, immediately cease delivering of the Goods to the Customer and sell or otherwise dispose of the Goods and apply the proceeds of the sale to any overdue amount.

12. FORCE MAJEURE

(a)The Company is not liable for any failure to comply with these Terms or any agreement for the sale of Goods if the failure (directly or indirectly) arises by virtue of a Force Majeure Event. If such circumstances occur, the performance of the Company’s obligations in accordance with these Terms will be suspended for so long as the Force Majeure Event continues or prevails.
(b)For the purpose of this clause 12, a “Force Majeure Event” is an event that is taken to be beyond the Company's reasonable control, including (without limitation) strikes, lock outs, accidents, war, fire, flood, explosion, shortage of power, breakdown of plant or machinery, shortage of raw materials from normal source of supply, act of God or any order or direction of any local, state or federal government, government authority or instrumentality.

(c)The Company is not obliged to remedy such circumstances in respect of a Force Majeure Event.
(d)If a Force Majeure Event continues for more than 30 days, the Company may terminate these Terms by giving 5 Business Days written notice to the Customer.
(e)Nothing in this clause 12 releases the Customer from any obligations to pay the Company in accordance with these Terms, or otherwise comply with these Terms.

13. IMPLIED TERMS

(a)It is acknowledged by the Company that, under applicable State, Territory and Commonwealth law(s) (including, without limitation, the Competition and Consumer Act (“Competition and Consumer Act”)), certain statutory implied guarantees and warranties (including, without limitation, the statutory guarantees under the Competition and Consumer Act) will be implied into these Terms (“Non- Excluded Guarantees”).
(b)The Company further acknowledges that nothing in these Terms purports to modify or exclude the Non-Excluded Guarantees.

(c)Except as expressly set out in these Terms or in respect of the Non-Excluded Guarantees, the Company makes no warranties or other representations under any contract with the Customer or these Terms. The Company’s liability in respect of these warranties is limited to the fullest extent permitted by law.

14. NOTICES

(a)Any demand, notice, consent, approval or other communication under this agreement (Notice) may be made or given by a party or the solicitor for that party provided that it is in legible writing, signed and either delivered in person, posted to, or left at, the addresses’ address for service, or sent by fact to the addresses’ address for service.
(b)If the Notice is delivered in person, or by being left at the addressee’s address for service, it is regarded as given to the addressee upon delivery. If the Notice is sent by post it is taken to have been received two (2) Business Days from and including the date of posting by ordinary prepaid post. If the Notice is sent by fax it is taken to have been received when legibly received by the addressee, with receipt being evidenced by a report generated by the sender’s machine confirming uninterrupted transmission.

(c)A person’s address for service are those set out in the order or such other document provided from time to time. If the person is a company, the person’s address for service shall also be the registered address of the company.

15. GOVERNING LAW

(a)These Terms shall be governed by and construed in accordance with the laws in force in the State.
(b)Each party submits to the non-exclusive jurisdiction of the courts exercising jurisdiction in the State and any court that may hear appeals from any of those courts, for any proceedings in connection with these Terms, and waives any right it might have to claim that those courts are an inconvenient forum.

16. WAIVER

(a)A right of the Company may only be waived in writing, signed by the Company.
(b)No other conduct of the Company (including a failure to exercise, or delay in exercising, the right) operates as a waiver of the right or otherwise prevents the exercise of the right.

(c)A waiver of a right by the Company on one or more occasions does not operate as a waiver of that right if it arises again.
(d)The exercise of a right by the Company does not prevent any further exercise of that right or of any other right.

17. THE COMPANY'S RIGHTS

Any right that the Company may have under these Terms is in addition to, and does not replace or limit, any other right that the Company may have.

18. SEVERABILITYS

Any provision of these Terms which is unenforceable or partly unenforceable is, where possible, to be severed to the extent necessary to make these Terms enforceable, unless this would materially change the intended effect of the Terms.

19. ASSIGNMENT

The Customer must not assign its benefits or obligations under these Terms without the prior written consent of the Company in writing. The Company may assign its rights and obligations under these Terms to another person without the consent of the Customer.

20. VARIATION

The Company is entitled to vary these Terms at any time by giving the Customer 14 days prior written notice.

21. ENTIRE AGREEMENT

These Terms constitute the entire agreement between the Company and the Customer and supersedes all prior representations, contracts, statements and understandings, whether verbal or in writing. All other terms and conditions are excluded to the fullest extent permitted by law including any terms and conditions which the Customer may seek to impose.