Terms and Conditions of Business of itscrystalicious® .com
In using this website you are deemed to have read and agreed to the following terms and conditions:
If you continue to browse, use and purchase from this website you are agreeing to comply with and be bound by the following terms and conditions of use governed by itscrystalicious.com's relationship with you in relation to this website. These Terms and Conditions may be updated by us from time to time. Any changes we make will be deemed to have come into effect on the date that they have been posted on the site. You are responsible for reading the terms and conditions. When you place an order with us you will be deemed to have read, understood and accepted these terms and conditions. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
The term "itscrystalicious.com.au" or "It's Crystalicious® " or "us" or "we" or "our" refers to the owner of the website "http://www.itscrystalicious.com". The term "you" or "your" or "customer" refers to the user or viewer of our website.
No other Terms and Conditions will be accepted by It's Crystalicious® and consequently will not form any part of this agreement; this also applies in particular to such Terms and Conditions whose content extends beyond the scope of these Terms and Conditions.
Your contractual partner is
James Cook Industrial Estate.
Factory 12, 3 Flora Street Kirrawee NSW 2232 Australia
Subject of the Agreement
The subject of the agreement consists of the products, performance of work and services provided by itscrystalicious.com as specified within the framework of the ordering process and named in the (electronic or written) confirmation of the order, at the final prices stated therein (inclusive of tax, cost of post and packing, and other components of the price).
The decoration of the products, such as mobile phones, PDAs, games consoles, MP3 players and other small electronic devices shall be in the form of small pieces of jewellery, in particular small crystals, e.g. Crystals from SWAROVSKI®, permanently attached by adhesive to cover much of the surface of these products, which are supplied by customers or provided by itscrystalicious.com.
Condition of the subject of the agreement
The method of decoration described above can result in individual stones breaking off, especially at certain exposed places such as corners, edges and projecting parts (e.g. antennae, certain keys) if the decorated product is subjected to considerable mechanical stress, for example if it falls onto or strikes hard surfaces or objects. It is in the nature of the products and work provided by It's Crystalicious® that the decorated surfaces thereby produced are less resistant to impact or shock or other substantial mechanical stresses than the original surface of the product purchased or supplied for subsequent decoration.
Decoration of the products by It's Crystalicious® may possibly lead to the termination or invalidity of guarantees by the respective manufacturer of that product.
The decoration of products by It's Crystalicious® can also lead to slight functional impairments (e.g. reduced transmitting and receiving performance, attenuated ring tone volume, restricted accessibility and operability of control elements, reduced surface heat dissipation) compared with similar, non-decorated products.
These limitations form part of the agreed condition of the products and work provided by itscrystalicious.com.au and does not represent a defect or any other defective performance on the part of itscrystalicious.com.au
These items are not toys
The products decorated by itscrystalicious.com.au are not toys and are unsuitable for children of any age. In particular the possibility cannot be ruled out that small pieces of the decorated surface may break off when the items are handled by children, who could swallow them.
Illustrations, especially on the It's Crystalicious® website(s)
For technical reasons the illustrations or our products and the work performed, as shown on our website, together with other such illustrations, can only provide an approximate representation. In particular colours may differ considerably from those of the actual items, which may also be due to the individual settings of the customer's computer and monitor, and, because of the use of crystals for decoration, to the particular lighting (daylight, artificial lighting etc.).
Such deviations do not constitute defects in the products or the work performed.
The customer's duty to cooperate
If It's Crystalicious® receives an order to decorate the customer's products, the customer shall, at your own expense and risk, dispatch the product(s) to be decorated to It's Crystalicious® at the following address:
James Cook Industrial Estate
Factory 12, 3 Flora Street
Kirrawee NSW 2232
It's Crystalicious® recommends using a trackable and/or registered postal service.
The customer agrees not to obstruct the activities of It's Crystalicious® and, if necessary, to cooperate with It's Crystalicious® in completing the agreement.
Conclusion of the agreement
The product presentations on the It's Crystalicious® web page (www.itscrystalicious.com) only represent a non-binding invitation to customers to submit an offer to purchase.
The agreement between It's Crystalicious® and the customer is effected by the submission of a binding offer for one or more products and/or work performances from It's Crystalicious® (order) by the customer, and the acceptance of such an order by It's Crystalicious® (acknowledgement of the order). This may also take the form of an electronic transaction via the It's Crystalicious® web page at www. itscrystalicious.com or by e-mail.
itscrystalicious.com will confirm the customer's order without delay and by electronic means (confirmation of the order). This does yet not represent acceptance of the order.
If the payment is authorized, you will receive an e-mail within a few minutes confirming your order, and payment will be taken from your account shortly afterwards.
If payment is authorized but we have a query with your order, an e-mail will be sent to you to advise you of the nature of the query. If we are unable to resolve the query for any reason and cannot dispatch your order, a full refund will be issued back to your card.
If the payment is not authorized by your bank or card issuer, you will receive an e-mail within a few minutes advising you of the reason why. (Please note some issuing banks may still reserve your funds for a period of time).
- Customers must pay at least a 50% deposit upon order, if not paying in full.
- If the Order is cancelled the 50% deposit will be retained for the cost of stock ordered and administration fees if the items order are custom/one of items e.g non Flat Back SWAROVSKI® ELEMENTS.
- Customers paying via Layby (when approved by It's Crystalicious® ) agree that work will not start on your order until 50% of the total order price is paid, whether it is in a lump sum payment or installments.
- If the Layby is cancelled a refund of the money paid will be refunded less 25% of the money paid for Layby processing and administration fees incurred by It's Crystalicious® .
Technical stages in the conclusion of the agreement; correction of input errors
Orders via email:
- Customer is provided a consultation via email
- Customer decides on the design
- We will issue an invoice with design description. Email confirmation will be sent to customer. (here the customer can still make any correction regarding the description).
- Customer sends us the item & pays the total amount via EFT, Credit Card by Phone or PayPal
- The item will be crystallized within 14-21 working days
- Crystallized item will be sent back to customer by Australia Post after the payment is made and the design is complete.
Online Shop order,
- Add the item in Shopping Cart.
- Click on Details to view the description and prices, and then click "Add to Cart" or Buy Now to save it to your Cart. (here the customer can still make any correction to the items they would like to buy).
- Choose the shipping cost
- Go to the checkout
- Customer confirms the order by reading through a summary of orders made and agrees to our terms and conditions by clicking on the Submit
- Choose the payment method
- Provide a delivery address
- Send an order form (final confirmation of the order)
By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.
Language used for the agreement
English shall be the only language used for this agreement. The English text version of the Terms and Conditions and contractual conditions shall be applicable.
Right of cancellation
The following right of cancellation applies only to consumers, provided that they are natural persons and are not acquiring our products and/or our services for the purposes of their own commercial or independent professional activities.
The right of cancellation does not apply to contractual statements about orders for decoration, instructing us to specifically customize products in accordance with your own personal requirements (e.g. if we are asked to provide a mobile phone with your corporate logo or your personal initials or if we implement your own design).
Your cancellation rights:
Please contact us immediately if you have a problem so that we can sort it out as quickly as possible.
You have the right to cancel your order for any item purchased from itscrystalicious.com.au, for a refund. This does not apply to order with a * next to the tile as we are a custom design boutique, we cannot refund the custom designed orders. Any non-returnable faulty products will be replaced or repaired where possible.
Order cancellations must be made in writing via Email or Post, quoting your name and address, within 24 hours from placing your order.
Custom made items that are cancelled after 24 hours or after supplies have been purchased to complete the order incur a 20% cancellation fee on the cost of the item only.
James Cook Industrial Estate.
Factory 12, 3 Flora Street
Kirrawee NSW 2232
If however your order has already been processed and sent to you, you will need to return the order to us.
Please read the Return or Exchange an item section below.
Return or exchange an item
If you are not completely satisfied with your purchase, simply return the item or items to us in their original condition* within 7 days of receipt. We will issue a full refund (excluding original delivery charge and 15% re-stocking fee) on receipt, or exchange the item for a different style / colour if preferred - for exchanges the additional postage cost must be paid for by the customer. Some products are non-returnable; these are clearly marked with a " * " next to the product name.
* The item is your responsibility until it reaches us. For your own protection, we recommend that you send the parcel using a delivery service that insures you for the value of the goods. * The cost of returning the item to us is your responsibility. * The parcel can take up to 7 working days to be returned to us, unless sent via Express Post.
If the item you received is faulty, please contact us with your name and address, details of the product and the reason for return, and whether you require a refund or a replacement. We will then advise on how to proceed with the return. You have 7 days from receipt of the faulty item to return it to us. NO EXCEPTIONS.
Discount codes & vouchers
If a discount was applied to your original order, the amount refunded will be adjusted to allow for the revised order value and appropriate discount level.
This returns policy does not affect your statutory rights.
*Note: Products must be returned in their original packaging in unused condition.
Consequences of cancellation:
In the event of an effective cancellation anything that has been received by either party in performance of the agreement shall be restored (and, if applicable, any benefits obtained, e.g. interest, shall be surrendered). If you are unable to restore to us anything received in performance of the agreement in its entirety, or if you are only able to restore it in part, or in a worse condition, you shall be obliged to provide us with compensation for lost value, if applicable.
If items have been assigned, this shall not apply if the worsening in the condition of the item is attributable solely to its examination, as might occur in a shop. In other respects you can avoid the obligation to provide compensation for lost value by not treating the item as if it were your own property and by avoiding anything that would detract from its value.
Items which can be dispatched as a package should be sent back in such packaging.
You are requested although this is not a prerequisite for the exercise of your right of cancellation to use the product and transport packaging supplied by us, or to package the product in some other suitable way. The item is your responsibility until it reaches us. For your own protection, we recommend that you send the parcel using a registered or trackable postal service.
The cost of returning the item to us is your responsibility. Goods which cannot be packaged will be collected from you. The parcel can take up to 7 working days to be returned to us, unless sent via express post.
You must meet any obligations for the reimbursement of payments within 7 days after the delivery and of your cancellation statement.
If the subject of the agreement consists in part or in its entirety of a service, your cancellation rights are terminated prematurely if we, with your express approval, have already commenced to provide the service before the end of the cancellation period, or if this has been arranged by you.
If this agreement has been financed by means of a loan and you cancel the finance agreement, you are no longer bound by the loan agreement if both of these agreements form single economic entity. This can be assumed in particular if we are at the same time the providers of your loan or if your lender makes use of our involvement with regard to the financing arrangement. If we have already received the loan at the time that the cancellation or return takes effect, you can apply not only to us regarding the arrangements for its return but also to your lender. The latter shall not apply if such an agreement is intended for the purchase of securities, foreign exchange, derivatives or precious metals.
Prices and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.
The currency is in Australian Dollars ($).
Delivery shall be made by via the means selected at checkout to the address supplied to It's Cystalicious® by the customer. We reserve the right to choose a more appropriate method of transport where required (this may be at extra or less cost to us).
These items should be delivered within 2-7 Business Days from dispatch but THIS IS NOT GUARANTEED. Parcels are subject to Australia Posts terms and conditions. If your order is URGENT we strongly suggest you consider the EXPRESS POST option. We can do nothing about delayed or missing packages until 28 working days have elapsed from the date of posting. Some parcels will require a signature. If you are not home a card will be left. It is the customer's responsibility to arrange for collection/re-delivery. Any goods not collected and returned to us will be sent out again on payment of a further delivery charge. However, if you do not wish to have the goods sent again we will refund the cost of your order less the postage and packing and a restocking fee of $5.00 AUD.
Next Day Delivery (excludes Weekends and Public Holidays) is only available for selected items. However, this is subject to stock and may not be possible if we are out of the office for any reason.
GST is included in all prices.
Overseas Orders are sent by Australia Post Air Mail Postal Service, this is a standard postage service with no insurance or tracking number, unless you choose otherwise.
In the unlikely event of goods not arriving within 28 days of dispatch, it is the customer's responsibility to notify us that they are not in receipt of the expected package. WE WILL NOT ACCEPT CLAIMS FOR NON DELIVERY OF GOODS WHICH HAVE NOT BEEN NOTIFIED TO US WITHIN 28 DAYS OF THE DATE OF DISPATCH. A dispatch email will be sent when goods leave our premises. If an order has been placed and a dispatch email has not been received within 7 days please contact us immediately.
We try our hardest to keep all items in stock. However, due to long lead times at the manufacturers we are sometimes unavoidably out of an item. In these circumstances you will be emailed so that you can decide whether you wish us to place it on back order for you.
Retention of title
The products supplied by It's Crystalicious® remain its property until payment has been made in full.
It is in the nature of the products and work performed by It's Crystalicious® that the decorated surfaces thereby produced are less resistant to impact or shock or other substantial mechanical stresses than the original surface of the product purchased or supplied for subsequent decoration. Moreover decoration of the products by It's Crystalicious® may possibly lead to the termination or invalidity of the product warranty provided by the respective manufacturer of that product. Furthermore the decoration may cause minor functional impairments compared with similar, undecorated products. Finally, the appearance of the colours of the decorated surfaces may vary, especially when they are exposed to different light sources, and may deviate from illustrations, particularly those on the internet.
These limitations form part of the agreed condition of the products and work performed by It's Cystalicious® and do not represent a defect or any other defective performance on the part of It's Crystalicious® .
If there is a technical/functional fault with any brand new electrical product purchased from itscrystalicious.com, it must be reported within 7 working days of receipt. Any faults out of the 7 day period will be repaired by the manufacturer as the product will be covered by warranty for up to at least 1 year from the date of purchase.
Restriction and limitation of liability for damages
We will not be liable to you for any loss of profits, administrative inconvenience, disappointment, indirect or consequential loss or damage arising out of any problem in relation to the products.
In any cases, we shall have no liability to pay any money to you by way of compensation other than any refund we make under these conditions. This does not affect your statutory rights as a consumer, nor is it intended to exclude our liability to you for fraudulent misrepresentation or for death or personal injury resulting from our negligence.
Warranty restrictions in the case of the performance of work
The following restrictions on liability apply in the case of work performed by It's Crystalicious® (decoration of customers products):
* The customer is required to accept the decoration/work performed within 7 days following receipt of the product or to let us know if defects exist which are not merely of a minor nature. Upon expiry of this period the work performed shall be deemed to have been accepted, provided that It's Crystalicious® has advised the customer at the commencement of this period about the significance of allowing this deadline to expire. This does not affect claims by the customer under warranty for defects. * Claims for damages for defective performance of work (decorations of the item) or other inadequate performance of the work (decorations of the item) is limited to 1 year following acceptance of the particular performance of work; this does not apply to damages arising from mortal or physical injury or impairment of health or to damages arising from the violation of cardinal duties/essential contractual obligations.
In all other respects the statutory warranty, liability and limitation regulations and periods apply.
Investigation and notification of defects
It's Crystalicious® requests that it should be notified as soon as possible about any transport damage or other directly and externally visible damage to products dispatched to the customer. However, this is not a prerequisite for warranty claims and claims for damages by the customer.
Copyrights/Trademarks/Rights of utilization
All copyrights, trademarks, registered designs and other ancillary copyrights to the designs, drafts and other forms created by It's Crystalicious® shall remain with It's Crystalicious®. In particular these may not be used for commercial or industrial purposes, in any form or manner, unless a Licencing aggrement has been purchased.
Furthermore the instructions supplied by It's Crystalicious® for the decoration of products by the customer may only be used for the customer's own private purposes and not for any commercial or industrial purposes.
It's Crystalicious® reserves the right to photograph the items it has decorated, and to make any other analogue and/or digital records or images of them, to reproduce or distribute them or exploit them in any other way, as well as to present and/or make them accessible, in particular for advertising purposes. It's Crystalicious® constantly endeavours to respect the copyrights of others and to make use of work that it has produced itself or which is not licensed. The content and work placed on our website enjoys the protection afforded by copyright and by other laws intended to safeguard intellectual property. Contributions by third parties are marked as such. Any reproduction, distribution and any kind of exploitation that is not covered by copyright requires the written approval of the respective originator. Downloads and copies of our web pages are only permitted for private, non-commercial use.
Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and images of third party products, services and/or locations featured on this Website are in no way associated, linked or affiliated with It's Crystalicious® and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to It's Crystalicious® .
Applicable law, legal venue
These terms and conditions are to be construed in accordance with Australian Laws and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the Australian courts
If, when bringing an action, the customer does not have an ordinary place of residency in Australia, and does not have a general place of jurisdiction, and if the party placing the order is a registered merchant and is acting in this capacity, Australia shall be the agreed place of jurisdiction.
In all other respects, in particular in the case of actions by or against consumers whose usual place of residence or general place of jurisdiction is within Australia, the lawful places of jurisdiction shall apply.
You agree to indemnify, defend and hold harmless It's Crystalicious®, its proprietors, designers, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
It's Crystalicious® shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
If any provision in these Terms and Conditions or in the agreement between It's Crystalicious® and the customer should be or becomes ineffective, these Terms and Conditions and the agreement shall in all other respects be unaffected.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and It's Crystalicious® . Any waiver of any provision of the Terms and Conditions will be effective only if in writing and signed by a Proprietor of It's Crystalicious® .