Welcome to DragonFyre Jewellery and thank you for shopping in our online shop.
These Terms and Conditions govern the use of DragonFyre Jewellery website ("the website") and the purchase of any goods from it. The website is owned and operated by SJ & SM Duncan trading as DragonFyre Jewellery. Should you have any questions, please contact us at info@dragonfyre.com.au prior to ordering from this website.
Acknowledgment and Acceptance of Terms and Conditions
Please note that by accessing, using or browsing this website you agree to be bound by its terms, conditions, disclaimers and limitations of liability ("Terms and Conditions"). DragonFyre Jewellery reserves the right to amend or update such terms, conditions, disclaimers and limitations of liability at any time without providing notice to you. By using the website, you acknowledge that you have read and understood these Terms and Conditions.
Limitation of Liability
Any liability of DragonFyre Jewellery in connection with goods or services supplied to you will, subject to any non-excludable liability for breach of conditions or warranties implied by legislation and to the maximum extent permitted by law, at the election of DragonFyre Jewellery be limited to the replacement or repair of the goods, the supply of equivalent goods, the payment of the cost of replacing or repairing the goods.
Disclaimer
The information contained on the website is provided by us in good faith. To the best of our knowledge, the information is accurate and current. However, we do not make any representation or warranty as to the accuracy or completeness of the information.
You expressly acknowledge and agree that subject to the section dealing with "Limitation of Liability", DragonFyre Jewellery will not be liable to you or any other person for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for product liability, personal injury or negligence resulting from use of goods or services supplied to you, or on behalf of you, through the website.
Copyright
Copyright in the website is property of DragonFyre Jewellery.
Applicable Law
These Terms and Conditions are governed by the laws in force in New South Wales and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales and any courts, which may hear appeals from those courts.
Information Provided by You
If you purchase goods and services from DragonFyre Jewellery we may require you to provide your name, address, email address, or other details ("customer information"). We may subsequently require further details to enable the processing of any orders that you make. You agree to provide DragonFyre Jewellery with current, complete and accurate customer information when asked to do so by the website or an employee of DragonFyre Jewellery.
Virus Warning
All care is taken to ensure that our website and data transmissions are free from viruses. However, it is your responsibility to scan any such data for viruses.
Privacy
We treat all customer information in accordance with our Privacy Policy.
Our Privacy Policy constitutes part of these Terms and Conditions
Pricing and Product Information
Prices of goods and delivery and other charges displayed on our website are current at the time of display. These prices are subject to variation without notice.
We always attempt to be as accurate as possible with our product descriptions and pricing. However, we are unable to warrant that product descriptions or other content of the website is accurate, complete, reliable, current or error free.
Orders placed via PayPal in US currency are subject to the PayPal's conversion rate at time of purchase.
Placing and Accepting Orders
Orders will not be dispatched until payment in full has been received and we are satisfied with the integrity of the order.
Without limiting the operation of any other Terms and Conditions herein, DragonFyre Jewellery is not responsible for any loss or damage caused by late delivery or cancellation of an order or a product.
Placement of an order by you constitutes an offer to enter into an agreement with us ("your offer"). We will email you an Order Confirmation for the sole purpose of confirming the details of your offer. Please note that our Order Confirmation does not constitute an acceptance of your offer or reflect the status of your order in any way.
Cancellation by Us We reserve the right not to provide goods, remove or edit content or cancel orders (or part thereof) at our sole discretion at any time. Without limiting the operation of any other Terms and Conditions herein, we will not be held liable for loss or damage arising from the exercising of these rights.
Cancellation by You If you need to cancel an order, please contact us immediately on +61 (0)4 1866 1884 or sales@dragonfyre.com.au. Our agreement with you only comes into existence once we have both confirmed your order and your payment has been processed. Once we have accepted payment for an order, cancellation of the order is within our sole discretion.
Orders that cannot be cancelled will be subject to our terms, conditions and policies relating to Returns and Exchanges.
Delivery
It is your obligation to enter the correct delivery address details at the time of ordering. Should you enter the wrong address, we are not obliged to re-send the order to the correct address at our expense.
We normally dispatch orders within 2-5 working days of receiving them. Delivery times depend on the shipping method selected.
It is the responsibility of the customer to inform us if an order does not arrive. Once we learn an order has not arrived, we will lodge enquiries with the courier to ensure delivery occurs as soon as possible. We will not be held liable for any loss or damage resulting from late delivery.
Please note that if an item has been lost in transit, we will not dispatch a replacement item immediately. Replacement items will be dispatched according to our discretion.
Without limiting the operation of any other Terms and Conditions herein, you agree that late delivery does not constitute a failure of our agreement, and does not entitle you to cancellation of an order.
Without limiting the operation of any other Terms and Conditions herein, we will not accept liability for any loss or damage arising from items lost, stolen or damaged after delivery has taken place.
Returns and Exchanges
You or the recipient of an order may return an item that has been purchased from us only where the item was damaged, faulty, or incorrect as per your order. Unfortunately, we cannot provide exchanges simply because you changed your mind.
If you return goods to us, please keep the appropriate proof of return. Otherwise, if the returned item goes missing in transit to us, we will deem you not to have returned the item.
It is your responsibility to ensure the goods are adequately packaged to ensure that they are not damaged during return transit. Excluding faulty or damaged items, we will not issue a return or exchange unless the product(s) are in a saleable condition upon return.
All returned products must be:
Unused, unopened and in original condition
Undamaged
Returned within 30 days of delivery
In the event of a return by you or the recipient of a gift, we will exchange or refund in the form of a credit note to use on the website. However, you will pay the delivery costs of the return to us and re-delivery to you. We will not refund initial delivery, wrapping and other fees.
Goods Damaged or Faulty on Delivery You may return damaged or faulty goods within 14 days of receipt.
In the event that you receive a defective or damaged product, we will refund the original product price, delivery, wrapping and other fees via the original method of payment. Alternatively, if you request a replacement, we will dispatch your replacement item (subject to availability) once we receive the return, at our cost.
Please note that all products that are found to be non-defective will incur the delivery costs of returning the item to us.
Release and Indemnity
You agree to waive any and all claims that you now have or may have in the future against DragonFyre and SJ & SM Duncan which relate to or are incidental to any transaction.
You agree to indemnify and hold DragonFyre Jewellery harmless from and against any and all claims, loss or expense that may be incurred by DragonFyre Jewellery or SJ & SM Duncan which relate to or are incidental to the performance of its duties as described in these Terms and Conditions including all costs of defending itself against a claim by any other person and/or as a result of you taking any action or refraining from taking any action or instituting or defending any action or legal proceeding.
You further agree to indemnify and hold DragonFyre Jewellery and SJ & SM Duncan harmless from any claim made by any third party due to or arising out of your use of this website, the violation of these Terms and Conditions by you, or the infringement by you, or other users of this website of any intellectual property or other right of any person or entity.