PRIVACY POLICY
GENERAL TERMS
PRODUCT PURCHASE
ORDER CONFIRMATION
PAYMENT
DELIVERY
RETURN POLICY
REPAIRS
TERMS OF USE
PRIVACY POLICY
Paspaley.com is operated by Paspaley Pearls Pty Ltd (hereinafter “we”, “us” or “our”) a member of the Paspaley Group of Companies. Set out below are the general terms and conditions of sale (“terms and conditions”) that will apply to purchases of our pearl jewellery and other products (“product” or “products”) made on paspaley.com or via our Personal Shopper, facilitated by paspaley.com. We may update these terms and conditions from time to time.
Your acceptance of these terms and conditions will be sought prior to confirming your order. Please note you cannot use this site if you are under 18.
A representative will be on hand to assist you from 9:30am to 5:00pm AEST Monday to Friday.
To purchase and receive a product on paspaley.com or via our Personal Shopper, you must make an order and payment in accordance with these terms and conditions.
To confirm an order, you must select the ‘Submit Order’ option. Upon confirmation, the order will be submitted to us for processing and may not be changed or cancelled except as expressly provided in these terms and conditions or as required by applicable law.
Please note:
We use strict grading criteria to classify our pearls and to provide accurate product descriptions. We also make every effort to ensure that each photograph on paspaley.com accurately represents a particular pearl type in size and colour. All pearls, however, because of their organic nature, are unique and accordingly it is possible that products purchased by you may vary slightly from the relevant description or depiction provided on paspaley.com. If you have any particular queries in this regard, please talk to our Personal Shopper before confirming your order. We provide a guideline for ring sizing based on our measurement system; however, we cannot take responsibility for variances between different sizing methods and standards.
We offer products for sale that are in stock and available for dispatch. Should our stock list be out of date, we will ask you by email to decide whether you will wait for the product to arrive in stock, change or cancel your order.
If you have any questions or concerns about our products or your order, please contact our Personal Shopper before confirming your order:
Email: personalshopper@paspaley.com.au
Telephone: (+61) 02 9775 1075
We record all transactions between our customers and ourselves. In the event of a dispute relating to a transaction conducted on the website paspaley.com, the details recorded by us will constitute evidence of the transaction.
All prices quoted on paspaley.com are in Australian Dollars (AU$) inclusive of Australian GST. All orders are payable in Australian Dollars (AU$).
We accept American Express, Visa, MasterCard and Paypal payments. Credit notes issued by a Paspaley boutique cannot be used to purchase items on paspaley.com. Payment by bank transfer may be arranged by contacting the Personal Shopper.
All products remain the property of Paspaley Pearls Pty Ltd until full payment for your order is received. Once full payment is received, you will own the product.
All risk in the products passes on delivery. Pursuant to these terms and conditions, delivery is deemed to take place upon acceptance of the products at the place of delivery, as evidenced by your signature, or the signature of another adult, signing for the products.
We retain the right to delay and/or cancel an order if fraudulent activity is suspected.
ORDERS WITHIN AUSTRALIA
Paspaley.com may be used to order online for delivery within Australia as well as selected international countries. Orders may also be placed by contacting our Personal Shopper on (+61) 02 9775 1075 or email personalshopper@paspaley.com from Monday to Friday, 9.30 am to 5.00 pm AEST. We offer a free delivery service across Australia.
INTERNATIONAL ORDERS
International customers may place orders online for delivery to either the USA or UK only. International customers located in countries other than the USA or UK may place orders by contacting the Personal Shopper by phone or email. For deliveries to international destinations, the GST will be deducted from the final purchase price. Shipping or courier charges for international delivery will be quoted prior to purchase and will be payable at the time of purchase. This does not include taxes, customs or duties which may apply in the destination country and will be payable by you.
An adult’s signature is required at the address specified by you for delivery.
Whilst every effort is made to meet the delivery times indicated below, we do not provide absolute guarantees. We use reputable couriers, for their prompt and efficient service, but occasionally delays may occur due to unforeseen circumstances.
AUSTRALIA WIDE DELIVERY
Subject to any other terms and conditions to the contrary (e.g. for Delivery of Special Orders), purchases made online through paspaley.com should be delivered within 5 business days.
Products will be posted to the delivery address specified during the ordering procedure. The shipping agent will insist on personal delivery, failing which your shipment will be held at the nearest post office for collection at your convenience. Please note that whilst the shipping agent may seek to deliver to you, another adult’s signature may be accepted by the shipping agent for delivery.
Our business hours are Monday – Friday, 9.30 am – 5.00 pm AEST. Orders cannot be processed on weekends or public holidays. Deliveries cannot be made on weekends or public holidays.
INTERNATIONAL DELIVERY
International purchases are shipped via FedEx,, and are subject to a shipping charge. Orders will generally be dispatched within 2 working days. Upon confirmation of an order, we will provide an indicative delivery date and the cost of shipping. Shipping takes approximately 1-2 weeks to either the USA or UK, and may be longer for other countries. You are liable for any local taxes, customs or duties applicable in the country of import. We do not accept responsibility for any packages retained for customs inspections and delays caused thereafter.
DELIVERY OF SPECIAL ORDERS
For specific orders that require adjustment (such as ring sizes), the standard delivery time will not apply. You will be notified of a delivery timeline when you confirm your order at which time you will be asked to accept before you can confirm your purchase.
DAMAGE DURING TRANSPORT
All packages we send are insured until delivered. Please immediately report to the courier any damage to the package identified upon delivery.
If upon inspection of the product, you discover that it has been damaged in transit, please notify us immediately on personalshopper@paspaley.com or (+61) 02 9775 1075.
Our terms dealing with the return of products are subject to such statutory rights as you have, including pursuant to the Competition and Consumer Act 2010.
Products purchased from paspaley.com may be exchanged or returned for refund within 30 days of delivery.
All returns and exchanges are subject to a quality assurance inspection process before we accept them. All products must be returned in their original condition. Any product with signs of wear and tear through use, will not be accepted.
EXCHANGES
An exchange may be made online through the Personal Shopper or through any of the Paspaley boutiques located in Australia. If the new purchase is greater in value than the product to be exchanged, you will be charged the difference. If the exchanged product is lower in value, you will receive a store credit for the difference.
REFUNDS
Refunds for products purchased on paspaley.com, will only be processed through the Personal Shopper. Purchases made on paspaley.com cannot be refunded in-store at a Paspaley boutique unless previously arranged with the Personal Shopper.
Returns must be in their original condition and include the original sales receipt, packaging and certificate of authenticity. Returns should be sent to:
EB Australia
Lower Ground Floor, No.2 Martin Place
Sydney, NSW Australia 2000
using the return label provided.
No refunds will be issued without the original sales receipt. If the original sales receipt is not available (for example, because you received the product as a gift or the original sales receipt has been lost by you), we only offer an exchange.
Refunds will generally be made in the form of the original payment. If, for any reason, this is not possible (e.g. expiry of credit card) it will be necessary to agree another method of refund. We will not refund any local taxes, customs or duties paid in the country of import by international customers.
Unless the product is being returned because of a breach by us of these terms and conditions, or terms and conditions which apply by legislation, it is your responsibility to pay the shipping costs, including insurance, of returning the products to us. In these circumstances, we will not be liable for any products which are damaged or lost in transit.
We recommend returns within Australia be sent via Australia Post Platinum Express or Registered Post, and International returns be sent via courier services advised by the Personal Shopper at the time.
We will use commercially reasonable efforts to ensure that any refund will be made within seven (7) business days of receipt of the products by us at the return delivery address specified above.
Products purchased by you on paspaley.com can be returned for repair or servicing by contacting the Personal Shopper. Products purchased from a Paspaley boutique should be returned to the nearest boutique for repair and servicing.
Other than in respect of a defect, repairs of a product may incur a fee.
AUTHENTICITY GUARANTEE
We guarantee the authenticity of all pearls purchased through paspaley.com. A certificate of authenticity will be provided with the product upon delivery if your pearl purchase was an Australian South Sea Pearl. Gold and Tahitian pearls do not come with a certificate of authenticity.
SECURITY
All web pages where you, as a customer, leave personal information in conjunction with a transaction are referred to as secure pages i.e. the transfer of information on and via the web page is encrypted. We use certificates issued by VeriSign. A VeriSign certificate guarantees that you are communicating with our website, paspaley.com, and that the transfer of information involved in your communication is encrypted. In this regard, most web browsers use symbols to show you are visiting a secure/non secure webpage and these symbols are visible in the lower left or right hand corner of the screen.
ASSIGNMENT
Subject to applicable law to the contrary, you may not assign or transfer your rights or benefits under these terms and conditions without our express prior written consent.
GOVERNING LAW
These terms and conditions shall be governed by and construed in accordance with the laws of Northern Territory of Australia.
EXCLUSION OF LIABILITY
To the fullest extent permitted by law, we exclude all liability for loss or damage suffered or incurred by reason of or arising from or caused by breach of these terms and conditions, negligence, breach of statute or otherwise by us.
By accessing, browsing and/or using this website you agree to these Terms and Conditions of Use (“Terms and Conditions”) and to use the site in accordance with all applicable laws. If you do not so agree, then you must cease use of this website.
In the following Terms and Conditions:
Reference to "Paspaley" is to Paspaley Pearls Pty Ltd;
Reference to “Paspaley Pearls Group” is to a group of companies of which Paspaley is a related body corporate.
Disclaimer
The content, products and services available on our website are provided on an "as is" basis. Paspaley does not represent that the information contained in this website is accurate, comprehensive, verified, complete or error free.
LIMITATION OF LIABILITY
To the fullest extent permitted by law, Paspaley excludes all liability, howsoever arising, whether in contract, tort (including negligence), pursuant to statute or otherwise for any and all loss or damage, (including, without limitation, indirect or consequential losses, loss of profit, loss of goodwill, loss of data or special loss), suffered by you or any third party, arising out of or in connection with your inability to use or the performance of this website, even if Paspaley has been advised of the possibility of such loss or damage.
If, notwithstanding the foregoing, Paspaley is liable for any loss or damage, to the extent that it can, Paspaley limits its liability to the resupply of relevant material or information.
INTELLECTUAL PROPERTY
This website and the contents and material on this website, is the exclusive property of Paspaley or companies in the Paspaley Pearls Group, except as specified hereunder, and used with their permission.
Paspaley and other companies within the Paspaley Pearls Group own various intellectual property including copyright, trademarks and designs in this website, its contents and material. That intellectual property remains the property of its owners and all rights in and to it, are reserved.
This website and the content and material on this website may not be reproduced, distributed, published, transmitted, modified, sold, used for the creation of derivative works or otherwise appropriated in any manner, whether in whole or part, unless use is:
i) otherwise permitted by these Terms and Conditions;
ii) with our express, prior, written consent.
You may display, copy, download and distribute content and material made available on this website for your personal, non-commercial use, provided that you do not modify the content and material and you retain all copyright, trademark and proprietary notices.
COPYRIGHT
The copyright contained in and on this website, remains the property of Paspaley or is used under licence*. All rights are reserved.
* The National Library of Australia has copyright in respect of the photograph ‘Pearling Lugger in the water with two masts and four men, Palmerston, former name of Darwin, ca 1897’ by Florenz A. K. Bleeser - nla.pic-vn3797826. Kindly reproduced with its permission.
TRADEMARKS AND DESIGNS
The images, logos, and names on this website which identify Paspaley or any member of the Paspaley Pearls Group including "Paspaley", "Paspaley Pearls" and "Paspaley Pearling Company", are exclusive proprietary marks of Paspaley or one of the other members of the Paspaley Pearls Group. All rights are reserved.
The device referred to as "Paspaley Strand Signature" is a registered trademark and a registered design owned by a member of the Paspaley Pearls Group. All rights are reserved.
CHANGES TO TERMS
We reserve the right to change these Terms and Conditions at any time by posting changes on the website. Your continued use of the website after any such change will be deemed acceptance of the changed Terms and Conditions.
LINKS
You must not link your website to this website without our prior express written consent. If you would like to link to this site, please email us at personalshopper@paspaley.com.
INFORMATION AND MATERIAL YOU SEND USIf you provide us with any ideas, suggestions, information or other material in relation to Paspaley, its services or this website, you agree that Paspaley may use, reproduce, publish, modify, adapt and transmit them to others free of charge and without restriction, subject to our Privacy Policy and applicable law.
RESTRICTED USE
You must not use this website to post or transmit: (a) any information or materials which breach any laws or regulations, infringe a third party's rights, or are contrary to any relevant standards or codes; or (b) any unlawful, threatening, defamatory, obscene, indecent, inflammatory or pornographic material or material that could give rise to civil or criminal proceedings.
JURISDICTION
These Terms and Conditions will be governed by and construed in accordance with the laws of the Northern Territory of Australia.
INVESTOR RELATIONS DISCLAIMER
The information contained on this website does not constitute advice or an offer to sell or deal in any securities and must not be relied upon in connection with any investment decision.
OTHER TERMS
If any part of these Terms and Conditions is found to be unenforceable, such part shall be deemed not to form part of these Terms and Conditions but the enforceability of the remainder of these Terms and Conditions shall not be effected.
You may not assign or transfer your rights or benefits under these Terms and Conditions without the express prior written consent of Paspaley.
If Paspaley does not act in relation to a breach by you of these Terms and Conditions, it does not thereby waive its rights to act with respect to subsequent or similar breaches.
Use of this website is subject to Paspaley’s Privacy Policy.
INTRODUCTION
Paspaley Pearls Pty Ltd (Paspaley) understands that your privacy is paramount, and we are committed to protecting your privacy. This policy sets out how we handle information about you.
If, notwithstanding the foregoing, Paspaley is liable for any loss or damage, to the extent that it can, Paspaley limits its liability to the resupply of relevant material or information.
COLLECTION OF PERSONAL INFORMATION
We may collect personal information from you when you
- subscribe to receive our updates and news;
- buy products from us, whether online or instore;
- request to receive copies of marketing materials, such as catalogues;
- interact with our sales staff;
- attend an event;
- participate in a promotion,
or otherwise as notified to you from time to time, including through a collection statement.
When you buy any products from us, we will collect the personal information you provide to us during the ordering process or in the course of the purchase. Such personal information may include details such as your name, phone number, email address, credit card number, expiry date, bank details and billing address. We may also keep any communications you have with us, such as special requests or requests for information.
There may be occasions when we collect information about you from a third party, for example where they purchase products on your behalf. In such instances, we will determine whether we would have been entitled to collect such information from you and to the extent we would not have been entitled to do so, we will destroy or de-identify such information as soon as reasonably practical.
In some instances, personal information we collect (including that referred to in section 3 below) may be collected by third party contractors on our behalf.
You may deal with us anonymously or using a pseudonym for certain interactions. However if you purchase any products from us we require that you provide us with accurate details relevant to the purchase. If you do not provide us with your personal information, we may not be able to provide you with our products.
Unless you notify us otherwise, we will assume that you have consented to the collection of all information which is provided to us for use in accordance with this Privacy Policy.
OUR WEBSITE
When you visit our website, we may collect information about your use of the website, including by using third party services such as Google Analytics. This information will normally be anonymous and we will not be able to identify you, however in some cases (particularly when you buy products from us through our website) this information may be associated with you. This information may be collected through the use of cookies. These are small text files placed on your mobile device or computer by our website which automatically collect information about you without you providing that information to us directly. Most browsers are set by default to accept cookies. However, if you do not wish to receive any cookies you may set your browser to either prompt you whether you wish to accept cookies on a particular site, or by default reject cookies.
Please note that rejecting cookies may mean that some or all of the functions on our website will not be available to you. In particular, cookies must be enabled to access and use any part of our website for placing orders.
Sometimes our website contains links to other websites. When you access a website other than our website, we are not responsible for the privacy practices of that site. We recommend that you review the privacy policies of each website you visit.
USING YOUR PERSONAL INFORMATION
Paspaley only uses personal information for the purpose for which it was collected, for related purposes which we consider come within your personal expectations, or as permitted or required by law.
In particular, the personal information that we collect is generally used to provide products or services to you. Personal information may also be used for the following purposes:
- to provide you with information in relation to the products we provide, including to advise you of special offers, new products, events and services;
- to communicate with you about your purchase, your account or customer service needs;
- to respond to your questions or suggestions;
- to improve the quality of our products or services; or
- as notified to you at the time the information is collected.
We may contact you from time to time for marketing or promotional purposes, including to provide you with information in relation to the goods or services of our related entities and third parties where we believe they meet the high standards associated with our products. If you would rather not receive any marketing or promotional material from us, you may opt out by notifying us using the contact details in section 9 below, or following the unsubscribe instructions on any marketing email you have received.
SHARING YOUR PERSONAL INFORMATION
We may disclose your personal information to other related entities within our corporate group for our own business purposes. Some of our related entities are located overseas, including in Hong Kong, Japan and the United States of America.
We may disclose personal information to third party contractors, who help us deliver our products and services to you, for example, by processing and analysing data, providing web support, and delivering products or information to you. Some of these third parties are located overseas.
Where personal information is shared with these third parties, we will take all reasonable steps to ensure that third parties observe the confidential nature of such information and are prohibited from using any or all of this information beyond what is necessary to assist us.
While we may market the goods or services of third parties in limited circumstances as described above, we will always do so ourselves (or using our own third party contractors). We do not sell, rent or trade personal information to third parties for marketing purposes.
We may also disclose your personal information as permitted or required by law.
ACCESSING YOUR PERSONAL INFORMATION
You may contact us to request access to the personal information we hold about you, including for the purpose of correcting or updating that information. If you require access to your personal information, please contact our Privacy Manager as described in section 9 below.
PROTECTING YOUR PERSONAL INFORMATION
Paspaley is committed to protecting your personal information. We take appropriate security measures to protect your personal information from misuse, interference or loss, and from unauthorised access, modification or disclosure. This includes the use of technologies and processes such as access control procedures, network firewalls, encryption and physical security to protect the privacy of your personal information.
CHANGE OF POLICY
We may modify or amend this Privacy Policy from time to time. We will display a notice on our website for a reasonable period after any such revisions have been made. We will keep the current version of this Privacy Policy on our website
CONTACT INFORMATION
If you have any queries or complaints with regards to our collection, use or management of your personal information, please contact our Privacy Manager:
Privacy Manager
Charles Darwin Centre
Level 20
19 The Mall
Darwin NT 0800
privacy@paspaley.com.au
08 8982 5555
If you make a complaint, we will endeavour to respond to it as soon as possible. If you are dissatisfied with our response, you have the right to make a complaint to the Office of the Australian Information Commissioner by phoning 1300 363 992 or by email at enquiries@oaic.gov.au