This website is owned and operated by Crystala (http://crystala.com.au).
This User Agreement is in effect as of 1 June 2015.
1.1. By visiting the website and accessing the information, resources, services, products, and tools provided, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as User Agreement).
1.2. This agreement is formed between you and Crystala ("us", "our", "we"). "you", "user", "member" and "visitor" means anyone who visits this website.
1.3. We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarise yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgement and agreement of the modified terms and conditions. If you do not agree to any provisions of this agreement, you must not use the website.
2.1. By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as Resources), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.
Wherein, you understand that:
2.1.1. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
2.1.2. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.
2.1.3. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
2.1.4. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
2.1.5. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
2.1.6. You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
2.1.7. We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
i. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
ii. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
Iii. Contains any type of unauthorised or unsolicited advertising;
Iiii. Impersonates any person or entity, including any Crystala employees or representatives.
2.1.8. We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
2.1.9. We do not assume any liability for any content posted by you or any other 3rd party users of our website. However, any content posted by you using any open communication tools on our website, provided that it doesn't violate or infringe on any 3rd party copyrights or trademarks, becomes the property of Crystala, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our Resources.
2.1.10. You agree to indemnify and hold harmless Crystala and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorney’s fees, resulting from any violation of this User Agreement or the failure to fulfil any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.
2.1.11. You agree to research your countries import policy before purchasing our items, as you are responsible to pay for the taxes if import taxes are charged, and assuring that the product can be lawfully imported to the destination country. You comply with all laws and regulations of your destination country.
2.1.12. You agree that by signing up as a customer on the website or purchasing an item directly or indirectly through our site via other advertising means eg. Deal sites or advertising campaigns, we reserve the right to invite you to be added to our newsletter subscription as a VIP customer for further sales and promotions in the future via email. You understand that this can be opt out at any time. Please do not use the website if you do not agree to these terms.
2.2. You may not use another member's account without permission.
2.3. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure and confidential.
2.4. If you suspect or are aware of any unauthorised use of your account, you agree to notify us immediately.
2.5. By registering on the website and making an online purchase, you accept these terms and conditions and acknowledge that you are over eighteen (18) years of age, and/or are entering into a legal contract with us.
2.6. We reserve the right to accept or reject your order for any reason (or no reason) including, but not limited to, the unavailability of any product, an error in the price or product description, or an error in your order. In the event your order is cancelled, we will provide a full refund of any payment received.
2.7 You understand and agree to make your own enquiries to verify information provided to assess suitability of products before you purchase.
2.8. You understand and agree that once the order is placed and/or payment is received and/or shipping is confirmed, you cannot cancel your order.
2.9. Price of products, delivery and other charges shown are in Australian dollars and all prices are inclusive of GST.
2.10. Prices are current at time of display but are subject to change without notice.
2.11. Usage of any promotional offers, deals or voucher codes is subject to our promotion terms and conditions. Additionally, gift boxes will not be included unless specifically expressed in the promotion details.
2.12. All orders with which a promotional offer, deal or voucher code is used will be sent with regular post and will not include tracking unless otherwise stated in the terms of the promotional details.
3.1. By using our website, you understand and agree that all Resources we provide are "as is" and "as available". This means that we do not represent or warrant to you that:
3.1.1. the use of our Resources will meet your needs or requirements.
3.1.2. the use of our Resources will be uninterrupted, timely, secure or free from errors.
3.1.3. the information obtained by using our Resources will be accurate or reliable, and
3.1.4. any defects in the operation or functionality of any Resources we provide will be repaired or corrected.
3.1.5. any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
3.1.6. no information or advice, whether expressed, implied, oral or written, obtained by you from Crystala or through any resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.
3.2. You understand and agree that we cannot be held responsible for errors and inaccuracies caused by incorrect information supplied to us by manufacturers or suppliers changing specifications without notice to us.
3.3. You understand that some of our products are shipped from our overseas dispatch centres if it is deemed appropriate and Crystala cannot be held liable or responsible for the delay in shipping time (which can be a wait from 2-30 business days max) and customers can only request for refund if delivery is proven not to have arrived after our maximum 30 business days.
4.1. In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services.
4.2. Crystala will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, including, but not limited to, loss or damage you might suffer as a result of:
4.2.1. any changes, errors, mistakes or inaccuracies on the website.
4.2.2. data loss or corruption, bugs, viruses, Trojan horses or other malevolent code or communications which may be transmitted to or through our website by any third party.
4.2.3. you failing to act on any information contained on or referred to on the website and/or any linked website.
4.2.4. personal injury or property damage of any nature resulting from your access to, and use of the website.
4.2.5. harmful, offensive, defamatory, unlawful conduct of any user and/or posts, reviews of the website.
4.2.6. direct or indirect damages, or consequential losses suffered by use of fraudulent or unauthorised web address from third party links.
4.2.7. cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
5.1. All content and materials available on http://crystala.com.au, including but not limited to text, graphics, website name (Crystala, Crystala Jewellery, Crystala.com.au), code, images and logos are the intellectual property and trademark of Crystala. You agree not to, or attempt to inappropriately use, including but not limited to the reproduction, distribution, display or transmission of any content, appearance or code contained on this site, unless specifically authorised by Crystala.
5.2. Other trademarks used on the website that belong to third parties are used with permission and remain the intellectual property of the third party.
6.1. You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
7.1. This website is controlled by Crystala. It can be accessed by most countries around the world. By accessing our website, you agree that the statutes and laws of our state, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.
7.2. Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
8.1 UNLESS OTHERWISE EXPRESSED, CRYSTALA EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
9.1. If there are any questions regarding these terms and conditions, please contact us via our form.