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Welcome to the website of Gold Emotion Australia (ABN 80 698 636 087) ("we", "us" or the "Proprietor"), a leading online retailer of unique products with 24k gold.
This website is located on the web via the domain https://www.goldemotion.com.au/ and includes all of the files located in that domain ("this site").
Legal capacity to transact
If you are under 18 years of age, you cannot place orders through this site. By using this site you represent and warrant to the Proprietor that you are over the age of 18 years. Should the Proprietor suffer any damage or other losses as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from his/her parents or guardians.
Your use of this site is subject to the rules set out in Schedule 1 below.
Without limiting any other remedies available to the Proprietor at law or in equity, the Proprietor reserves the right to, without notice:
You indemnify and hold harmless the Proprietor and its employees, agents, consultants, licensors, partners and affiliates from and against any losses, liabilities, costs, expenses or damages (including actual, special, indirect and consequential losses or damages of every kind and nature, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):
Order constitutes offer
We will not commence processing any order made through this site unless and until:
We reserve the right at our discretion to:
Acceptance of orders
Acceptance of each order will take place if and when the Proprietor:
The Proprietor reserves the right to change the prices for products/services displayed in this site at any time before you place an order.
Shipping costs will depend upon the location for delivery and the items purchased and are shown separately during checkout.
Unless otherwise expressly stated, all amounts payable through your use of this site are expressed to be inclusive of GST. For these purposes, the term "GST" has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Payment for orders placed through this site may be made by credit card processed online using a secure third party payment gateway.
Third party payment gateways
Credit and debit card payments
All major credit cards and debit cards are accepted. Please note that we may be unable to accept credit cards issued by banks outside of Australia in some cases. The Proprietor does not charge additional transaction fees for paying by credit card.
Refunds and other remedies
While our third party payment gateway and website hosting providers employ secure technology for transactions with our customers, we will not be responsible for any damages, including consequential losses (whether direct or indirect), that may be suffered by a customer whose credit or debit card or bank account information is used in a fraudulent or unauthorised manner by any person other than the Proprietor.
The Proprietor may request further information from you, such as a copy of your credit card and/or other identification documentation, as part of our internal validation procedures. These procedures help protect bank and credit card account holders from online fraud. Until your order has passed our internal fraud prevention checks, your order will remain on pending status. If further information is requested and you do not provide the requested information within such time as the Proprietor considers appropriate at its discretion, your order will be cancelled and, if your payment has been received, it will be refunded back to you.
You may download and print out content from this site only for your own personal and non-commercial use and provided that you do not remove or modify any copyright, trademark or other proprietary notices.
The Proprietor’s logo and the phrase "Gold Emotion Australia" are trademarks of the Proprietor. The look and feel of this site (including all button icons, scripts, custom graphics and headers) are the trademarks, service marks and/or trade dress of the Proprietor. These trademarks, service marks and trade dress may not be used, copied or imitated, in whole or in part, without the prior written consent of the Proprietor.
This site contains some features that enable you and other users to upload User Content. The Proprietor reserves the right to display, refuse to display, remove and/or amend all or any part of any User Content at its absolute discretion. In respect of any User Content that you upload, you:
If you believe that our site contains any material that infringes upon any copyright that you hold or control, or that users are directed through a link on this site to a third party website that you believe is infringing upon any copyright that you hold or control, you may send a notification of such alleged infringement to us in writing. Such notification should identify the works that are allegedly being infringed upon and the allegedly infringing material and give particulars of the alleged infringement. In response to such a notification, we will give a written notice of a claim of copyright infringement to the provider of the allegedly infringing material. If the provider of that material does not respond to us in writing denying the alleged infringement within 14 days after receipt of that notice, we will remove or block the allegedly infringing material as soon as is reasonably practicable. If the provider of that material responds to us in writing denying the alleged infringement, we will, as soon as is reasonably practicable, send a copy of that response to the original notifying party. If the original notifying party does not, within a further 14 days, file an action seeking a court order against the provider of the allegedly infringing material, we may restore any removed or blocked material at our discretion. If the original notifying party files such a legal action, we will remove or block the allegedly infringing material pending resolution of that legal action.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PROPRIETOR AND ITS EMPLOYEES, AGENTS, CONSULTANTS, LICENSORS, PARTNERS AND AFFILIATES EXPRESSLY DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES (WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE) IN RELATION TO THIS SITE AND ANY PRODUCTS AND/OR SERVICES PURCHASED OR OBTAINED THROUGH THIS SITE, INCLUDING ANY IMPLIED WARRANTY/GUARANTEE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
This site is provided strictly on an "as is" basis. To the maximum extent permitted by law, the Proprietor and its employees, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of this site or any of its content, and in particular do not represent, warrant or guarantee that:
Exclusion of liability
To the maximum extent permitted by law, the Proprietor and its employees, agents, consultants, licensors, partners and affiliates expressly limit their liability for breach of any non-excludable condition or warranty/guarantee implied by virtue of any legislation to the following remedies (the choice of which is to be at the Proprietor's sole discretion):
Governing law and jurisdiction
Schedule 1 – Prohibited conduct
YOU MUST NOT:
We care about your privacy:
We will never rent, trade or sell your email address to anyone.
We will never publicly display your email address or other personal details that identify you.
We will treat all personal information in accordance with any and all obligations that are binding upon us under the Privacy Act 1988 (Cth) (“Privacy Act”). The Privacy Act lays down 13 key principles in relation to the collection and treatment of personal information, which are called the “Australian Privacy Principles”.
Personal information held by the Proprietor may include your:
Information provided to payment gateway providers
All purchases that are made through this site are processed securely and externally by one or more third party payment gateway providers. Unless you expressly consent otherwise, we do not see or have access to any personal information that you may provide to such third party payment gateway providers, other than information that is required in order to process your order and deliver your purchased items to you (eg, your name, email address and billing/postal address).
At this site, we only collect personal information that is necessary for us to conduct our business as a leading online retailer of unique products with 24k gold.
Information that you provide to us
We may collect personal information that you provide to us about yourself when you:
This site may also collect Internet Protocol (IP) addresses. IP addresses are assigned to computers on the internet to uniquely identify them within the global network. The Proprietor collects and manages IP addresses as part of the service of providing internet session management and for security purposes. The Proprietor may also collect and use web log, computer and connection information for security purposes and to help prevent and detect any misuse of, or fraudulent activities involving, this site.
This site uses "cookies" to help personalise your online experience. A cookie is a text file or a packet of information that is placed on your hard disk by a web page server to identify and interact more effectively with your computer. There are two types of cookies that may be used at this site: a persistent cookie and a session cookie. A persistent cookie is entered by your web browser into the "Cookies" folder on your computer and remains in that folder after you close your browser, and may be used by your browser on subsequent visits to this site. A session cookie is held temporarily in your computer’s memory and disappears after you close your browser or shut down your computer. Cookies cannot be used to run programs. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you. In some cases, cookies may collect and store personal information about you. The Proprietor extends the same privacy protection to your personal information, whether gathered via cookies or from other sources.
You can configure your internet browser to accept all cookies, reject all cookies or notify you when a cookie is sent. Please refer to your internet browser’s instructions to learn more about these functions. Most web browsers automatically accept cookies, but you can usually modify your browser settings to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of this site.
Many of these cookies are removed or cleared when you log out but some may remain so that your preferences are remembered for future sessions.
Third party cookies
In some cases, third parties may place cookies through this site. For example:
Your personal information may be used in order to:
and for any other purpose reasonably considered necessary or desirable by the Proprietor in relation to the operation of our business.
From time to time we may email our customers with news, information and offers relating to our own products/services or those of selected partners. Your personal information may also be collected so that the Proprietor can promote and market products and services to you. This is to keep you informed of products, services, and special offers we believe you will find valuable and may continue after you cease acquiring products and services from us. If you would prefer not to receive promotional or other material from us, please let us know and we will respect your request. You can unsubscribe from such communications at any time if you choose.
In order to deliver the products/services you require or for the purposes set out above, the Proprietor may disclose your personal information to organisations outside the Proprietor. Your personal information may be disclosed to these organisations only in relation to this site, and the Proprietor takes reasonable steps to ensure that these organisations are bound by confidentiality and privacy obligations in relation to the protection of your personal information. These organisations may carry out or provide:
In addition, we may disclose your personal information to:
If you would like more information about the way we manage personal information that we hold about you, or are concerned that we may have breached your privacy, please contact us by email to firstname.lastname@example.org or by post.
Access to your personal information
In most cases, you may have access to personal information that we hold about you. We will handle requests for access to your personal information in accordance with the Australian Privacy Principles. All requests for access to your personal information must be directed to the Privacy Officer by email using the email address provided above or by writing to us at our postal address. We will deal with all requests for access to personal information as quickly as possible. Requests for a large amount of information, or information that is not currently in use, may require further time before a response can be given. We may charge you a fee for access if a cost is incurred by us in order to retrieve your information, but in no case will we charge you a fee for your application for access.
In some cases, we may refuse to give you access to personal information that we hold about you. This may include circumstances where giving you access would:
We may also refuse access where the personal information relates to existing or anticipated legal proceedings, and the information would not be accessible by the process of discovery in those proceedings.
If we refuse to give you access, we will provide you with reasons for our refusal.
Correcting your personal information
We will amend any personal information about you that is held by us and that is inaccurate, incomplete or out of date if you request us to do so. If we disagree with your view about the accuracy, completeness or currency of a record of your personal information that is held by us, and you ask us to associate with that record a statement that you have a contrary view, we will take reasonable steps to do so.
We are committed to maintaining the confidentiality of the information that you provide us and we will take all reasonable precautions to protect your personal information from unauthorised use or alteration. In our business, personal information may be stored both electronically (on our computer systems and with our website hosting provider) and in hard-copy form. Firewalls, anti-virus software and email filters, as well as passwords, protect all of our electronic information. Likewise, we take all reasonable measures to ensure the security of hard-copy information.
You can set preferences for how Google advertises to you using the Google Ads Settings page (https://www.google.com/settings/ads). Facebook has enabled an AdChoices link that enables you to opt out of targeted advertising.
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If you require any further information about the Privacy Act and the Australian Privacy Principles, you can visit the Federal Privacy Commissioner’s website (see www.privacy.gov.au).
Our goods 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.
Importantly, the rights described in this policy are in addition to the statutory rights to which you may be entitled under the Australian Consumer Law and other applicable Australian consumer protection laws and regulations.
Please note there may be limitations on your right to return and obtain a refund for products, however these limits will always be subject to your statutory rights.
Refunds will not be available in any circumstances. If you are not satisfied with any item that you receive from us, you may be entitled to return that item to us in accordance with the below.
Replacement or credit as remedy
If you are not satisfied with any item that you receive from us, please let us know as soon as possible as we may be able to replace the item for you. In some circumstances, we may provide a credit instead of replacement at our discretion.
What you must return to us
To receive a replacement or credit, you must first return the item to us along with its original packaging.
Returning items within the first 10 Business Days
If we receive the returned item, or written notice from you that you will be returning the item, within the first 10 Business Days after the earlier of the date of purchase and the date of delivery to you, then we will assess the circumstances (including analysing the returned item, if considered appropriate by us) to ascertain whether or not the Proprietor is at fault and:
Returning items after the first 10 Business Days
If we do not receive the returned item, or written notice from you that you will be returning the item, within the first 10 Business Days after the earlier of the date of purchase and the date of delivery to you, then we will assess the circumstances (including analysing the returned item if considered appropriate by us) to ascertain whether or not the Proprietor is at fault and:
In this returns policy, "Business Day" means a day (other than a Saturday, Sunday or public holiday) when banks in Melbourne, Victoria are open for business.
In all cases, you must pay the costs involved in shipping the returned product back to the Proprietor. If we consider that the Proprietor is not at fault, then no reimbursement in respect of those shipping costs will be provided. If we consider that the Proprietor is at fault, then we will reimburse you for your reasonable shipping costs incurred in returning the product to us.