Terms and Conditions

Appointment Fee has the meaning given in clause 3(a)

Australian Consumer Law means the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (as amended from time to time).

Confirmation Date means 5.00pm (QLD time) on the day following the date that you place an Order.

Delivery Address has the meaning given in clause 8(a).

Delivery Date has the meaning given in clause 8(c).

Measurements has the meaning given in clause 1.

T + CO. means THEADORE + CO. ABN 622 603 69652 and ‘we’, ‘us’, and ‘our’ have a corresponding meaning.

Order has the meaning given in clause 1(a).

Privacy Law means Privacy Act 1988 (Cth) and the European Union General Data Protection Regulation 2016/679.

Product means T + CO. jewellery or any other products that you request T + CO. to supply to you by placing an Order.

Purchase Price has the meaning given in clause 2(a), subject to adjustment in accordance with these terms.

Rush Order means an Order accepted by T + CO. for Product to be delivered within an agreed, expedited timeframe.

Sales Taxes means all indirect sales and consumption taxes applicable to or levied upon the supply of any Product by T + CO. to you in any relevant jurisdiction, including without limitation, GST, VAT and similar taxes.

Terms means the terms and conditions set out in this document, as modified in accordance with clause 20 from time to time.

Website means https://www.theadoreandco.com 

You means the buyer of Product from MWL under these Terms.

  1. Terms
  • These Terms apply to every order you make to purchase Product from T + CO. placed via the Website (Order). These Terms will be binding on you by you doing one or more of the following:
  • using the Website;
  • booking an appointment;
  • placing an Order; or
  • accepting delivery of the Product;

and you acknowledge that these Terms will then apply.

  • These Terms and the Order constitute the entire agreement between T + CO. and you. All prior correspondence does not form part of and will not affect the interpretation of these Terms.
  1. Price
  • Unless otherwise agreed in writing between you and T + CO., the price payable by you for each Product is as specified on the Website at the time of the Order (Purchase Price), less any Appointment Fee redeemable under clause 2(a) The Purchase Price excludes delivery costs, re-sizing costs and Sales Taxes unless otherwise stated.
  • Any price indications or price lists provided to you or available on the Website from time to time are subject to alteration, replacement or repeal by T + CO. in its discretion.
  • If you are ordering from outside Australia, import duties, taxes and custom charges may be applicable in your home country and are payable by you in addition to the Purchase Price.
  1. Booking an appointment 
  • Studio appointments for Product viewing can be booked via the Website. An appointment fee (as determined by T + CO. and notified to you at the time of booking) is payable to secure your booking (Appointment Fee). If you cancel or change your fitting less than 72 hours prior, the Appointment Fee will be retained by T + CO. and is not refundable or transferable. 
  • If you place an Order following your studio appointment, the Appointment Fee will be refunded to you.
  1. Ordering
  • Our trained jewellery consultants will help you to decide on the perfect ring during your appointment. We feel that this allows you to be a part of the process and gives you the opportunity have more control over the entire process. When you are ready to place your order, your jewellery consultant will record your agreed ring size on your file. If you are ordering your ring online, we highly recommend having your ring size professionally taken by your local jeweller. 
  • We make your Order based on the size and any notes, specifications or other information you supply T + CO. while placing the Order or that T + CO. subsequently requests from you (Measurements). It is your responsibility to:
  • provide us with the correct ring size Measurements. This includes measuring with reference to Standardised Sizing;
  • place the Order by following the prompts on the Website;
  • review the final Order and ring size Measurements and ensure they are correct. If incorrect, any corrections to an Order must be sent to us in writing before the Confirmation Date.
  • You must provide T + CO. with any further Measurements T + CO. requests, before T + CO. has any obligation to schedule or commence the manufacturing of any Product or supply the Product.
  • T + CO. is not liable for any error, omission or inaccuracy in Product resulting from incorrect or incomplete ring size Measurements provided by you, or from any corrections notified to us after the Confirmation Date. T + CO. is not obliged to confirm or verify your ring size Measurements. T + CO. jewellery consultants or other personnel take no responsibility in remembering the details from your appointment and/or communicating these to T + CO..
  • An Order may be accepted or rejected at our absolute discretion. A request for ring size Measurements does not indicate we accept an Order.
  1. Your payment
  • You must pay the Purchase Price to T + CO. in full, and provide T + CO. with any ring size Measurements T + CO. requests, before T + CO. has any obligation to schedule or commence the manufacturing of any Product or supply the Product.
  • You may pay in full via credit or debit card or another payment method T + CO. may offer from time to time. You confirm that the credit card, bank or PayPal account that is being used is yours. If you make any payment by credit card, MWL may apply a surcharge equal to the surcharge charged by T + CO.'s bank at the time of payment.
  • All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses or does not, for any reason, authorise payment to T + CO., whether in advance or subsequent to a payment, T + CO. will not be liable for any delay or non-delivery.
  1. No changes to an Order
  • You acknowledge and agree that all Product is made to order based on your ring size Measurements. T + CO.  does not offer refunds for change of mind. We reserve all rights to refuse any requests for variations submitted after the Confirmation Date (such as a variation to the ring, ring size, style, design, Delivery Address or other details).
  • T + CO. may in its absolute discretion accommodate a request to vary an Order, depending on the nature and scope of the variation, and on the condition that:
  • manufacturing of the Product has not yet been scheduled; and
  • T + CO. has received written confirmation from you of the requested variation.
  • If T + CO. accepts a variation to the Product that will result in an increase to the Purchase Price (as result of additional manufacturing, alteration, delivery or other costs being incurred by T + CO.) you must pay the increase prior to T + CO. proceeding with the requested variation. You indemnify and keep indemnified T + CO. from any additional cost, liability and expense incurred by T + CO. should you make changes to the Order.
  1. Ring size alterations
  • Given all Product is based on Standardised Sizing, if you have ordered an incorrect ring size, it is your responsibility to arrange such re-sizing and pay for the associated costs. We recommend you visit one of T + CO.'s preferred jewellers, who are experienced with T + CO.'s Products.
  • Our Pavé Band Products can be re-sized to increase or decrease by one to two full Standardised Size.
  • T + CO. will not be liable for any damage or error caused to or suffered by the Product during any alteration services.
  1. Delivery
  • T + CO. (via any delivery contractors we use from time to time) will arrange for the Product to be delivered to the address specified by you in the Order (Delivery Address).
  • Once manufacturing of the Product is complete, we will deliver the Order to the Delivery Address. The date of delivery will be as notified to us by Australia Post or any other delivery contractor we use (Delivery Date). All Product requires a signature on delivery. You must ensure you or someone else is available at the Delivery Address to sign for your Product.
  • T + CO. may charge you a delivery fee for delivery of the Product (in addition to the Purchase Price), that will be notified to you at the time of placing your Order. You acknowledge that any special delivery requirements requested by you may incur additional costs and are subject to availability and timeframes. You agree to pay us for such additional costs.
  • If the Product is returned to T + CO. as sender (due to an error or omission in the Delivery Address notified by you to T + CO.), T + CO. will store the Product for two weeks on your behalf, after which ownership in the Product transfers to T + CO.. You acknowledge that any Product returned and stored by T + CO. is at your risk and you accept responsibility for all loss, damage and/or deterioration caused to or suffered by the Product.
  • To the extent permitted by law, we do not accept any liability whatsoever for delayed or failed delivery or Product that is lost or damaged during delivery, where the delay, failure, loss or damage is caused by you or any third party.
  1. Defects, errors, refunds
  • The rights conferred on you in this clause 9 are in addition to and not intended to limit your rights under the Australian Consumer Law.
  • You must try on the Product as soon as possible after delivery. If you believe T + CO. has made an error with the Product you must notify T + CO. of the error in writing (with photos to show the error) within 72 hours of the Delivery Date. If notification is not received within this timeframe, then subject to the Australian Consumer Law, you shall be deemed to have irrevocably accepted the Product.
  • T + CO. offer a 2 year warranty which covers your ring/s under normal wear. If the ring is noticeably bent, damaged, or shows sign of improper care upon inspection, we will repair the ring at a cost. If a manufacturing issue is found, T + Co. will repair the damage without charge and cover the relevant shipping charges. If you require assistance related to damage, please contact our Customer Care Team at hello@theadoreandco.com. We will advise the recommended steps and requirements for a repair and will always assist with any repair that is required.
  • Lost, damaged, or chipped diamonds and stones are not covered under our warranty. For the very unlikely event of your focal stone falling out or becoming damaged, we will provide you with a replacement Moissanite stone without charge.

    T + CO. always recommend the purchase of an independent insurance for your ring. This will cover anything outside of our warranty and protect you for accidents or circumstances out of your control.

  • Subject to any rights you may have under the Australian Consumer Law, if T + CO. accepts the Product as defective, T + CO. will at its discretion, replace the Product free of charge, repair or alter the Product (at T + CO.'s cost) or provide you with a credit or refund. T + CO. reserves the right to inspect Product prior to determining whether any defect or error exists. For the avoidance of doubt, at no time will T + CO.'s liability for any claim for defective Product exceed the Purchase Price.

    The following items are not defects in workmanship or materials and are excluded from the scope of clause 9(c):

    • accidental damage caused by you, wear, tear or otherwise that appears or occurs after the Delivery Date;
    • failure to maintain and clean any part of the Product in accordance with any specific directions given to you or that accompany the Product.
  1. Title to Product

The legal and equitable title to the Product will only be transferred from T + CO. to you when the Purchase Price has been paid in full, or the Product has been delivered to the Delivery Address, whichever is the later. Legal title of the goods will immediately revert to T + CO. if we refund any such payment to you.

  1. Risk

Risk in the Product passes to you upon you taking possession or control of the Product or upon title in the Product passing to you, whichever is the earlier. The responsibility for insuring the Product passes to you contemporaneously with the passing of risk.

  1. Intellectual Property

You acknowledge and agree that nothing in these Terms gives you any proprietary rights in or to any of T + CO.'s intellectual property (including, for the avoidance of doubt, all copyright subsisting in the designs and other materials generated by or on behalf of T + CO. in connection with the Product).

  1. Privacy
  • Where you provide T + CO. with your personal information or personal data (as defined in applicable Privacy Law), you agree and consent to provide that information to T + CO. for the purposes set out in this clause 14 and in any privacy policy published by T + CO. from time to time.
  • T + CO. may collect, use and disclose that personal information for all purposes relating to the Order or fulfilling T + CO.'s obligations under these Terms. This includes processing the Order, scheduling of manufacturing, delivery of Product, market research, business development, marketing, debt collection, customer reference checks and dealing with personal information in connection with any acquisition or potential acquisition of any part of T + CO.'s business.
  • You agree T + CO. may use your image and name for promotional purposes or on its social media pages. You may advise us at any time if you do not agree to such use.
  • T + CO. may exchange personal information supplied by you with T + CO.'s related bodies corporate, your authorised representatives and T + CO.'s service providers that help us operate our business.
  1. Force Majeure

T + CO. is not liable for failure to perform its obligations under these Terms to the extent and for so long as its performance is prevented or delayed without substantial fault or negligence by T + CO. because of circumstances outside T + CO.'s control, failure of T + CO.'s systems or failure of a supplier to T + CO., provided that T + CO. gives notice to you of the delay and uses reasonable efforts to remedy the cause of the delay.

  1. Liability
  • You may have certain rights and remedies under the Australian Consumer Law (including, without limitation, consumer guarantee rights) that cannot be excluded, restricted or modified by these Terms. For example, Products come with non-excludable guarantees that they are of acceptable quality and fit for the purpose for which they are commonly acquired. Nothing in these Terms operates to exclude, restrict or modify the application of any implied condition or warranty, provision, the exercise of any right or remedy, or the imposition of any liability, implied or conferred under the Australian Consumer Law or any other statute, the exclusion, restriction or modification of which would contravene that statute or cause any of these Terms to be void (the Non-excludable Liabilities).
  • All conditions, warranties, guarantees, rights, remedies, liabilities or other terms implied or conferred by statute, custom, or the general law that impose any liability or obligation on T + CO. are expressly excluded under these Terms. This does not apply to the Non-excludable Liabilities.
  • Except in relation to Non-excludable Liabilities, T + CO.'s liability to you arising directly or indirectly under or in connection with these Terms or the performance or non-performance of these Terms and whether arising under any indemnity, statute, in tort (for negligence or otherwise), or on any other basis in law or equity is limited as follows:
  • T + CO. has no liability whatsoever to you for any loss, harm, damage, cost or expense (including legal costs on a full indemnity basis) in the nature of special, indirect or consequential loss or damage;
  • for any liability relating to the Product not conforming to the ring size Measurements or for any claim that the Product is defective or deficient, T + CO.'s liability to you is limited to replacing the Product, or repairing the Product (at the election of T + CO.), and the cost of re-delivery to you; and
  • for all other liability relating to any other loss or damage suffered or incurred by you in any way relating to these Terms and the Product, T + CO.'s liability is excluded to the maximum extent permitted by law.
  • In relation to T + CO.'s liability to you for a failure to comply with any Non-excludable Liability T + CO. acknowledges and agrees that:

Our Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Product repaired or replaced if the Product fails to be of acceptable quality and the failure does not amount to a major failure.

  1. Electronic communications

You agree to have notices or other relevant information sent to you via email by T + CO. and to notify us of any changes to your contact details. If we cannot contact you on the details you provided, we will not be liable for any associated delays or non-delivery of the Product. T + CO. accepts no liability for any direct, indirect, special, consequential or other losses or damages of whatsoever kind arising out of any electronic transmission or your access to, or the use of the Website or any information contained therein (including for the avoidance of doubt, any viruses, malicious code or other forms of interference which may damage your computer system). You agree to take your own precautions to ensure that the systems you use for email and accessing the Website do not expose you to risk and contain appropriate protection to prevent damage to your hardware and software caused by viruses, malicious code or other forms of interference.

  1. Waiver

Except as expressly set out in the Terms, a party waives a right under these Terms only by written notice that it waives that right. A waiver is limited to the specific instance to which it relates and to the specific purpose for which it is given.

  1. Severance

If a provision of these Terms would, but for this clause, be unenforceable, the provision must be read down to the extent necessary to avoid that result. If the provision cannot be read down to that extent, it must be severed without altering the validity and enforceability of the remainder of these Terms.

  1. Variation

T + CO. may at any time vary the Terms applicable to future Orders and may notify you of the changes or provide any other notice under or in connection with the Terms by email. T + CO. may also vary the Terms at any time by publishing the revised Terms on its website and the revised Terms become effective from the date of publication.

  1. Assignment

T + CO. may assign its rights, or transfer its obligations, under these Terms, (in whole or in part) to any of its related parties without your consent.

  1. Notices

Notices given by T + CO. will be deemed to be received:

  • if given by email, on being sent, provided the notice is sent to the email address you gave T + CO. and no automated reply is received indicating that the message has not been received by the recipient of that email address or is undeliverable to that email address;
  • if given by post, on the third day after posting.
  1. Applicable Law

These Terms are governed by and interpreted in accordance with the laws of the State or Territory of Australia of the Delivery Address, and if the Delivery Address is outside of Australia, then these Terms are governed by and interpreted in accordance with Queensland law. The parties submit to the jurisdiction of the relevant State or Territory courts.

 

Gift Card Terms and Conditions

  • “Gift Card” means an electronic card that has prepaid currency loaded onto it to be spent within Australian T + CO. exclusive boutiques or theadoreandco.com and in accordance with these terms and conditions.
  • All Gift Cards may only be redeemed within Australian T + CO. exclusive boutiques or theadoreandco.com only.
  • The value of the Gift Card includes GST.
  • Not redeemable for cash and cannot be used to purchase other Gift Cards or other tender. Cannot be exchanged.
  • Gift Cards will expire 3 years from the date of issue, unless expressly stated otherwise.
  • If purchase exceeds the Gift Card amount, the balance must be paid by other available payment options. If the value of the purchase is less than the Gift Card, the balance will remain to be used again for another purchase.
  • Must be redeemed within the validity period.
  • Expired Gift Cards are not redeemable and Gift Card amounts will not be refunded or credited when expired.
  • We reserve the right to cancel any Gift Card for any reason at any time without notice. In such instances we will elect to provide a refund or a replacement Gift Card.
  • Gift Cards are treated like cash. Altered, lost or stolen vouchers will not be replaced, refunded or redeemed.
  • We reserve the right to correct the balance of your Gift Card if we believe that a clerical or accounting error has occurred.
  • T + CO. does not accept any responsibility for lost Gift Cards.
  • T + CO. reserves the right to verify the identity of the bearer and to change the terms of use at any time without notice.