Terms of service

DESIHI TERMS OF SERVICE

These Terms of Service ("Terms") govern your access to and use of the website https://www.desihi.com ("Website") and the purchase of products from Desihi Fashion Jewellery ("Desihi", "we", "us" or "our").

By accessing or using our Website, or placing an order with us, you agree to be bound by these Terms.

Please read these Terms carefully before using our Website or placing an order.

1. Use of Our Website

You agree to use our Website only for lawful purposes and in a manner that does not:

breach any applicable Australian law or regulation;
infringe the rights of Desihi or another person;
interfere with the operation or security of the Website;
attempt to gain unauthorised access to our systems or information; or
use the Website for fraudulent or unlawful purposes.

We may restrict or suspend access to the Website where reasonably necessary, including where we believe the Website is being misused or these Terms have been breached.

2. Website Information

We endeavour to ensure that information displayed on our Website is accurate and current.

However, product colours, images, dimensions and appearance may vary slightly depending on your device, screen settings, lighting and photography.

We reserve the right to correct errors, inaccuracies or omissions and to update product information where reasonably necessary.

Nothing in these Terms limits any rights you may have under the Australian Consumer Law (ACL).

3. Products

We make reasonable efforts to accurately describe and display our jewellery products on the Website.

Product availability may change from time to time.

Where a product becomes unavailable after you have placed an order, we may contact you regarding the available options or provide an appropriate refund where required.

Descriptions of materials, finishes, characteristics, care requirements and other product information are provided on the relevant product page.

You should review the product description and care information before purchasing.

4. Prices

Unless otherwise stated, all prices displayed on the Website are in Australian dollars (AUD).

Prices may change from time to time. Any price change will not affect an order that has already been accepted and paid for, except where required to correct an obvious pricing or technical error.

Our current shipping charges are:

$9 shipping for orders under $50
Free shipping for orders of $50 or more

Any applicable shipping charges will be displayed during the checkout process.

5. Orders

When you place an order through our Website, you are making an offer to purchase the selected products.

After you place an order, you should receive an order confirmation.

An order confirmation does not necessarily mean that we have accepted your order where, for example:

the product is unavailable;
there has been an obvious pricing or listing error;
payment has not been successfully processed;
we reasonably suspect fraudulent or unauthorised activity; or
we are unable to fulfil the order.

If we are unable to fulfil an order that you have already paid for, we will provide an appropriate refund.

Nothing in this section limits your rights under the Australian Consumer Law.

6. Payment

We accept payment methods made available through our checkout, which may include:

Shopify Payments;
Shop Pay;
PayPal; and
eligible debit and credit cards.

Payment must be successfully processed before an order is fulfilled.

Payment information is processed through the relevant payment provider. Desihi does not ordinarily receive or store your full payment card details.

7. Shipping and Delivery

We currently ship within Australia.

Shipping charges are displayed during checkout and are based on the applicable order value.

We will take reasonable steps to dispatch orders after they have been successfully processed.

Delivery times may vary depending on factors including your location, delivery service, carrier operations, public holidays, peak periods and circumstances outside our reasonable control.

We do not guarantee a specific delivery date unless expressly stated at the time of purchase.

If an order is delayed, lost or otherwise affected during delivery, please contact us at:

contact@desihi.com

We will assist you in accordance with our obligations under Australian law.

8. Returns and Refunds

Our returns and refunds process is set out in our separate Refund & Return Policy available on the Website.

Please refer to that policy for information regarding change-of-mind returns, exchanges and the process for requesting a return or refund.

Nothing in our Refund & Return Policy or these Terms excludes, restricts or modifies any rights you have under the Australian Consumer Law.

For example, where a product does not meet an applicable consumer guarantee, you may have rights to a repair, replacement, refund or other remedy depending on the circumstances.

9. Australian Consumer Law

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 goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

These rights apply in addition to any voluntary warranty offered by Desihi.

Nothing in these Terms is intended to exclude, restrict or modify any consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified.

10. Desihi 3-Month Warranty

Desihi provides a 3-month warranty on eligible Desihi jewellery.

The warranty is an additional promise provided by Desihi and operates in addition to your rights under the Australian Consumer Law.

The 3-month warranty does not replace or limit your rights under the Australian Consumer Law. Consumer guarantees may continue to apply beyond the warranty period where required by law.

For information about what is covered and how to make a warranty claim, please refer to our 3-Month Warranty Policy on the Website.

To make a warranty enquiry, contact:

contact@desihi.com

We may request reasonable information or evidence about the product and the issue so that we can assess the warranty claim.

Any such assessment process does not remove or limit your rights under the Australian Consumer Law.

11. Product Care

Jewellery should be cared for in accordance with the care instructions provided with the product or on the relevant product page.

Depending on the materials and finish of a particular item, exposure to substances such as perfumes, cosmetics, chemicals, chlorine, salt water, moisture or excessive friction may affect the appearance or condition of the jewellery.

Please follow the care instructions applicable to your particular product.

Product care information does not limit any rights you may have under the Australian Consumer Law.

12. Intellectual Property

All content on the Website, including but not limited to:

Desihi trademarks and branding;
logos;
photographs;
product images;
graphics;
text;
videos;
designs;
page layouts; and
other original content

is owned by Desihi or used by Desihi under appropriate rights or licences.

You must not reproduce, modify, distribute, publish, sell, copy or commercially exploit our intellectual property without our prior written permission, except where permitted by law.

13. Third-Party Websites and Services

Our Website may contain links to third-party websites, applications or services.

We are not responsible for the content, availability, security or privacy practices of third-party websites or services.

Your use of third-party services may be subject to their own terms and conditions and privacy policies.

14. Website Availability

We aim to keep our Website available and functioning properly, but we do not guarantee that it will always be:

available;
uninterrupted;
error-free;
secure; or
free from viruses or other harmful components.

We may temporarily suspend or modify the Website for maintenance, updates, security reasons or other operational purposes.

Nothing in this section limits any rights that cannot lawfully be excluded under Australian law.

15. Limitation of Liability

To the maximum extent permitted by law, Desihi will not be liable for loss or damage arising from your use of the Website where that loss or damage results from circumstances outside our reasonable control.

However, nothing in these Terms excludes, restricts or modifies:

your rights under the Australian Consumer Law;
any liability that cannot lawfully be excluded or limited; or
any remedy to which you are legally entitled.

Where Australian law permits a limitation of liability, any such limitation will apply only to the extent permitted by law.

16. Events Outside Our Reasonable Control

We will not be responsible for delays or failures caused by circumstances beyond our reasonable control, including events such as:

natural disasters;
extreme weather;
transport disruptions;
postal or courier disruptions;
telecommunications or internet failures;
power outages;
government actions;
industrial disputes; or
other circumstances that could not reasonably have been prevented or controlled by us.

This does not affect any rights or remedies you may have under the Australian Consumer Law.

17. Changes to These Terms

We may update these Terms from time to time.

When we make changes, we will update the "Last updated" date shown at the beginning of these Terms.

The version published on the Website will apply to future use of the Website and future orders.

Changes to these Terms will not retrospectively remove rights you have already acquired under applicable law.

18. Suspension or Termination

We may suspend or terminate your access to the Website if you materially breach these Terms or use the Website for fraudulent, unlawful or abusive purposes.

Where reasonably practicable, we may provide notice before restricting access.

Termination of access to the Website does not affect rights or obligations that arose before termination.

19. Governing Law

These Terms are governed by the laws of Western Australia and applicable Commonwealth laws of Australia.

You agree that disputes relating to these Terms will be dealt with by the courts and tribunals having appropriate jurisdiction in Western Australia, subject to any rights you may have to bring a claim in another forum under applicable law.