Terms & Conditions

The website https://ammavuta.com.au (‘website’ ‘site’) ’is owned and operated by Purple Wednesday Pty Ltd ACN 162 467 012 (‘Purple Wednesday’ ‘the Supplier’ ‘us’ ‘we’ ‘our’). By using or accessing this site, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions (‘T&C’s’). If you do not agree to these T&C’s, please do not use this site. All purchases are accepted and handled in accordance with the conditions below and you, the customer, accepts these conditions by using the website

1 Governing law

The Supplier controls and operates this site from the Supplier offices within Australia. These T&C’s are governed by the laws of the State of Victoria. You and the Supplier agree to submit to the non-exclusive jurisdiction of the courts of Victoria. You must be over 18 years of age to use this site.  

2 Revisions to T&C’s

The Supplier may revise or amend these T&C’s at any time at our absolute discretion by posting revised terms. You agree that, in the event that any portion of these T&C’s is found to be unenforceable, the remainder of these T&C’s remain in full force and effect. Any revisions will be effective immediately. By continuing to use this site after any revision becomes effective, you agree to be bound by the revised T&C’s.

3 Copyright

The material on this site is protected by copyright under the laws of Australia and other countries through international treaties. Unless otherwise indicated and except for information directly from or links to third-party websites, all rights (including copyright) in all content, other material and compilations contained in, or used to create or support this site including text, graphics, logos, button icons, video images, audio clips and navigational and other software (collectively referred to as the Contents) are owned or controlled, and are reserved by the Supplier and the Supplier related companies, affiliates, licensors and licensees.

4 Advertising & Links to Third Party Websites

This site may contain information from or hyperlinks and other pointers to internet websites operated by third parties (‘linked sites’). Such information or websites are not under the control of the Supplier and the Supplier is not responsible for the contents of any such information or website. The Supplier provides such information and hyperlinks to you as convenience only, and the inclusion of any link does not imply any endorsement of the linked website by the Supplier. You rely on such information or websites entirely at your own risk. You are referred to the relevant third party websites for all information regarding the third parties’ products and/or services notwithstanding any summary of such information found on this website. Third parties are solely responsible to you, subject to their conditions, for all issues relating to their website including information, goods, services, prices and the delivery of any goods or services you purchase on the third party websites.

5 Personal, non-commercial use

Permission is granted to download and print in hard copy portions of this site solely for the proper and reasonable purposes of using this site as a shopping resource, provided that you do not modify the site and that the Supplier retain all copyright and other proprietary notices contained in its contents. You must not, without our prior written permission, exploit any of our site materials for commercial purposes or other purposes that are not expressly permitted under these T&C’s.

6 Prohibited conduct

You are not authorised, without the prior written permission of the Supplier and any other owner of rights in content that you access via the site, to reproduce, frame, download, store (in any medium), communicate, show or play in public including by uploading or reposting any of the site’s content to any other site on the world wide web (‘WWW’), adapt, change, or create a derivative work from that content. No trademark (whether registered or otherwise) that is contained on this site or otherwise used by the Supplier may be used without our prior, specific, written permission or that of the trademark owner.

7 Licence to use

You grant the Supplier an irrevocable, non-exclusive licence to use any material, information and ideas that you transmit to this site or otherwise provide to the Supplier from the time you authorise it to be sent. You agree that we can use and adapt any ideas, concepts, techniques, words, images or other content contained in these transmissions for any purpose and without restriction or compensation. 

8 User conduct

8.1 You must not upload, post, transmit or otherwise make available through this site any material which: 

  • violates or infringes the rights of others (including their privacy and intellectual property rights); 
  • is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;
  • encourages or engages in conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law; 
  • restricts or inhibits the Supplier or any other user from using the site;
  • affects the functionality or operation of the site or the Supplier’s servers or the functionality or operation of any user's computer systems (e.g. by transmitting a computer virus or other harmful component, whether or not knowingly); or 
  • breaches any standards, content requirements or codes promulgated by any relevant authority, including authorities that require the Supplier to take remedial action under any applicable industry code.

8.2 You agree to take responsibility for the safekeeping of your log in details, user name and password. You are liable if your user name or password is used by an unauthorised person. You agree to release and indemnify the Supplier in connection with any such use (whether authorised or unauthorised of your user name or password).

9 Indemnity

You agree to indemnify and will keep the Supplier indemnified against any claim, demand, injury, damage, loss, expense, cost or liability (whether direct or indirect) made against or suffered by the Supplier in connection with your use of this site, your breach of these T&C’s or your breach of any rights of third parties. 

10 Sale Process and Delivery Terms

10.1 These terms supersede all prior communication and agreements between the Supplier and you.  
 
10.2 These terms shall apply to all purchases of goods meaning the goods (including jewellery) that we agree to sell to you(‘Goods’). 
 
10.3 Placing an order 
You will be able to order ready-made Goods and custom-made Goods on the website (‘an order’).  The website will direct you on how to order Goods from us.  If you place a custom-made order, the website will prompt you to select options including (but not limited to) size, material and karat.  You are 
ultimately responsible for selecting the options appropriate to your situation.   All orders are subject to availability.  In order to avoid any mistakes with your order, you should carefully read and check your order prior to finalising it.
 
10.4 Once you have placed an order with us, we will confirm receipt of such order (which to be clear is not acceptance by us) by sending you a confirmation email.  Prior to confirming acceptance and posting your order, we will undertake a standard pre-authorisation check on your payment card. 
 
10.5 After we have completed the pre-authorisation check on your payment method, we will confirm our acceptance of your order by sending you an email confirming that your order has been posted. 
 
10.6 The Supplier in its absolute discretion may decide to not accept your order for any reason whatsoever.  For instance, the Supplier may decide to not accept your order where payment has been declined or the Supplier is out of stock. 
 
10.7 The Supplier will inform you by email as soon as practicable if it decides to not accept your order.  If payment has been made then you will receive a refund as soon as possible. 
 
10.8 Payment
The Supplier accepts payment by PayPal, Stripe or any other method which may be clearly indicated on the Supplier’s site from time to time (‘payment method’). Should you choose PayPal or Stripe as your payment method you will be directed to the PayPal website or Stripe website and will be bound by PayPal’s or Stripe’s terms and conditions. The Supplier is not responsible for any data provided by you to PayPal. 
 
10.9 Payment of the Goods and the applicable delivery charges are paid in advance, at the time of placing your order.
 
10.10 You are ultimately responsible for providing to the Supplier your correct payment method and ensuring that your payment method has sufficient cleared funds available for payment of your order once placed. 
 
10.11 The Supplier will not be liable for delays in providing the Goods caused as a result of you providing incorrect payment information or as a result of your payment provider not authorising a payment to the Supplier.
 
10.12 Refund
The Supplier will only offer refunds to the extent permitted under the Australian Consumer Law. 
 
10.13 To the extent that you are permitted a refund under the Australian Consumer Law, you may only return the Goods subject to the following conditions:
 
a. The Goods must be returned undamaged and in the original packaging; 
b. When applicable, the Goods must be returned with the accompanying Diamond Certificate;
c. The costs of returning the Goods is your responsibility; and
d. The Goods must be returned with its accompanying receipt from the Supplier.
 
10.14 You must contact the Supplier by email at help@ammavuta.com.au before returning the Goods.
 
10.15 The Supplier will not offer a refund of the Goods where:
 
a. The Goods have been altered, engraved, reseized, modified or sustained any form of damage; 
b. The Goods have been used in an unreasonable or unintended manner;
c. You have changed your mind about the Goods; or
d. We are not required to do so under our statutory obligations. 
 
10.16 Delivery 
Orders will be processed between 5-10 business days from the acceptance of your order. 
 
10.17 Shipping times for both deliveries within Australia and to international countries will be calculated via the postage calculator available on the order page. The cost for postage will be added at the checkout of the order (‘postage cost’). 
 
10.18 The Supplier will use their best endeavours to comply with your reasonable delivery instructions. However, the Supplier will not be liable whatsoever in the event that the delivery instructions were not complied with. 
 
10.19 Delivery of the Goods will have deemed to have been completed upon the leaving of the Goods at the address shown on the confirmation email referred to in Clause 10.
 
10.20 Insurance on both deliveries within Australia and to international countries will be calculated via the insurance calculator available on the order page. The cost of insurance will be added at the checkout of the order (‘insurance cost’). 
 
10.21 The approximate lead time on deliveries can be calculated via the delivery calculator available on this website (‘calculated lead time’). The Supplier will take reasonable steps to deliver the Goods to you within the calculated lead time, however the calculated lead time is an indication only and we make no representations that the Goods will be delivered by the calculated lead time. Delivery is subject to your location the time of year. The Supplier will not be liable for any loss or claim whatsoever relating to any delay of the calculated lead time.  
 
10.22 Shipping within Australia
The Supplier will ship your order to you fully insured and using Australia Post Registered Post. Please refer to the Australia Post Registered Post terms and conditions for further information regarding parcel delivery and collection. 
 
10.23 The Supplier does not deliver to PO Boxes, and we will only deliver to your residential or work address where you will be able to sign for the delivery. 
 
10.24 International Shipping
The Supplier will not ship to the following international countries [LIST COUNTRIES].
 
10.25 The Supplier uses multiple preferred shipping partners for international orders. The Supplier upon providing the confirmation email in Clause 10 will advise of the exact preferred shipping partner to be used and provide you with a tracking number so that you may track your order on the website of the preferred shipping partner. 
 
10.26 The Supplier is not responsible for any import taxes, customs duties, or any other additional fees levied by the destination international country. You are ultimately responsible for making payment of any import taxes, customs duties, or any other additional fees levied by the destination international country and payment of these fees is necessary so as to release the Goods from customs of the destination international country. Please check with your international country’s customs office for further information and procedure relating to these taxes and fees. 
 
10.27 The Supplier is not responsible for any delay caused due to the customs procedures of the destination international country imposed on the Goods. 
 
10.28 Alterations and resizing
You are entitled to one complimentary resize of your Goods to either one size up or down. Should you require resizing past one size, this cost will be assessed by us and supplied to you as a quote. 
 
10.29 Should you require any alterations to your Goods, the Supplier will assess the cost of your required alternation and provide you with a quote.   
 
10.30 The Supplier sources the Goods, including for custom made Goods, through a Third Party Manufacturer. The Supplier will not be liable for any loss or claim whatsoever relating to any delay in production or delivery caused by the manufacturer. 
 
10.31 Aftercare
From delivery onwards, you are responsible for the proper care of the Goods. Please refer to our care guide for your Goods which can be found by clicking here. 
 
10.32 We welcome feedback at Purple Wednesday. Please feel free to reach out to us at help@ammavuta.com.au.

11 Diamond Certificates

When you purchase the Goods from the Supplier, the Supplier, when applicable, will provide a diamond grading report (‘diamond certificate’). The diamond certificate is graded in accordance with industry recognised standards.

12 Product Images

The Supplier has used their best endeavours to accurately describe and depict the Goods available on this website, including (but not limited to) the colour, shape and size of the Goods (‘the Goods quality’). However, the Supplier cannot guarantee the accuracy of the Goods quality as every computer monitor is different and the appearance of the Goods quality may vary slightly depending on each individual computer monitor. The Supplier in some instances on this website may use larger images of the Goods for your ease of viewing, so the Goods may therefore appear larger or smaller than their actual size. 

13 Price, Taxes and Duties

13.1 The Supplier stocks a large online catalogue of Goods. The Supplier will use their best efforts to ensure that Goods are correctly priced, however, from time to time the price of a Good may be incorrect due to a system or typographical error. The Supplier reserves the right to correct any error in pricing and is not liable in any way for any pricing errors and is not required to honour any pricing errors. 
 
13.2 Prices displayed on this site are final and non-negotiable.  
 
13.3 Prices and availability of items are subject to change without notice.
 
13.4 Deliveries within Australia
For deliveries within Australia, prices displayed on this site are inclusive of GST. The price of the Goods displayed on the website does not include any delivery charges. 
 
13.5 Deliveries outside Australia
For deliveries of the Goods to international countries, the prices of the Goods displayed are inclusive of GST. The Supplier will refund to you the GST component if you are not liable to pay GST.  You are ultimately responsible for making payment of any import taxes, customs duties, or any other additional fees levied by the destination international country and payment of these fees is necessary so as to release the Goods from customs of the destination international country. 
 
The Supplier is not responsible for ensuring your Goods clear the customs of the destination international country and has no control over the customs and associated fees of the destination international country. The Supplier will not provide a refund in the event that you do not want to or are unable to pay any import taxes, customs duties, or any other additional fees levied by the destination international country. 

14 Disclaimer

14.1 To the extent permitted by law, the Supplier will not be liable in contract, tort (including negligence) or otherwise, for any direct, indirect, special, consequential or punitive loss or damages or any loss or damages whatsoever, including (but not limited to):
a. loss of use, data, or profits, arising out of or in connection with the use, copying, or display of the contents of this site, goods or services supplied by the Supplier under these T&C’s or a failure or omission on the part of the Supplier to comply with the Supplier obligations under these T&C’s;
b. your acting, or failing to act, on any information contained on or referred to on the site or any linked site;
c. using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the site and/or any linked site or otherwise purchased by you via or as a result of this site;
d. errors, defects or omissions in the site;
e. delays to, interruptions of or cessation of the services provided on the site or linked sites or otherwise purchased by you on or via the site;
f. defamatory, offensive or illegal conduct of any user of the site, whether caused through negligence of the Supplier, its employees or independent contractors, or through any other cause; or
g. for any other reason permitted by law.
 
14.2 You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a direct or indirect consequence of you accessing this website.
 
14.3 By using this website, you agree that the exclusions and limitations of liability set out in these T&C’s are reasonable and necessary

15 Liability

We exclude liability for your purchase decisions made on the basis of information included or excluded from this website and any limitation of liability and indemnity provisions in these terms survives termination. 

16 Disclaimer of warranty

16.1 The Supplier is providing this site and the Supplier’s contents on an 'as is' basis and use of this site is at your own risk. The Supplier and the Supplier related companies, affiliates, licensors or licensees, and their respective directors, officers, employees or agents make no representation or warranty as to the accuracy, completeness, currency or reliability of the information contained on this site (including in relation to any products or services) or any linked sites. To the extent permitted by law, including any non-excusable statutory obligations, we will not be liable or responsible in any way (including in negligence) for errors in, or omissions from, the information contained on this site and the services which may be supplied to you as a result of your use of this site. To the extent permitted by law, the Supplier expressly disclaims all warranties of any kind, whether express or implied, including (without limitation) implied warranties or conditions of reliability, suitability, merchantability or fitness for purpose.
 
16.2 In addition to the preceding sub clause and the terms of the T&C’s, you acknowledge that we hereby disclaim any and all warranties, express or implied, guarantees or representations that:
a. the site or the server that makes the site available on the WWW are free of software viruses. It is your responsibility to protect your data whether by virus scanning or other system;
b. the functions contained in any software on the site will operate uninterrupted or error free;
c. errors and defects in the site will be corrected;
d. the information found on the site is complete, true, accurate or non-misleading;
e. the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the site in any content and/or of any linked sites;
f. information on this site constitutes or is meant to constitute advice of any kind.
 
16.3 Information provided by us is general in nature and does not take into account your financial or other situation and needs. Before acting on any information contained on this site or otherwise provided by us, you must consider whether any such action is appropriate for you.
 
16.4 The presence of a third party link on our site does not constitute an endorsement by us of the provider, the content of their website or other information provided by them, or the activities they engage in.

17 Rights we cannot exclude

The above disclaimer and liability limitation do not exclude any rights, which by law may not be excluded, including but not limited to your rights under the Competition and Consumer Act 2010.

18 Termination

Your ability to access the site and or purchase services from this site may be terminated by the Supplier at any time without notice. All restrictions, licences granted by you and limitations of the Supplier's liability will survive termination and we will not be liable for any costs, losses or damages which you may incur as a direct or indirect result of our termination. 

19 Frustration

19.1 In the event of a “force majeure” the Supplier shall be entitled to withhold fulfilling this agreement (without being liable for damages or to extend the time for performance) by a reasonable period of not less than the duration of such “force majeure” without any liability to you. 
 
19.2 “Force majeure” shall include all happenings beyond the Supplier’s control or in consequence of which the Supplier cannot readily execute its performance of the services and without prejudice to the generality of the foregoing the expression shall include all strikes, lockouts, trade disputes, fires, accidents, damage or breakdown of plant and equipment, and/or components involved disabling, or adverse exchange regulations, civil disorders, outbreaks of war or any other event of contingency beyond the Supplier’s absolute control and “force majeure”.
 
19.3 In the event of a “force majeure” the Supplier or you will not be responsible for any failure to comply with the obligations under these T&Cs borne from the force majeure event and each party will use their best endeavours to rectify any failure under these T&Cs.

20 Privacy

20.1 Purple Wednesday is bound by the National Privacy Principles contained in the Privacy Act 1988 (“Act”) and any applicable state or territory legislation that applies in relation to any personal information collected by it.

 

20.2 “Personal Information” is defined in the Act as “any information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion”. 

20.3 Your personal information may include your name, phone numbers, address, email, date of birth and other information you choose to provide or are required to provide for the purposes of dealing with us as a customer, potential customer, supplier, job applicant, stakeholder, contractor or in some other capacity, which may identify you.
 
20.4 We will collect personal information from you, when you: enter any information on the site, contact us by phone, mail, email or visit our website; make an enquiry about a product or service; purchase a product or service; enter any competition or special offer.
 
20.5 Your personal information may also be collected by us from publicly available sources or third parties.
 
20.6 Should you provide us with personal information about another person, you must obtain their consent and advise them of this policy, prior to giving their information.
 
20.7 We will use your personal information to:
a. answer your questions and to provide you with information regarding services of Purple Wednesday;
b. provide you with customer service;
c. process transactions for the supply and/or delivery of services as requested by you;
d. offer you products and services of Purple Wednesday and/or third party organisations offering complimentary products or services which may be of interest to you, unless you advise that you do not wish to receive such further marketing (refer to our opt out option below);
e. meet our legal obligations;
f. manage and resolve any complaints and issues;
g. carry out internal administrative functions;
h. monitor and record phone calls for the purposes of training and customer service;
i. consider job applications for employment with Purple Wednesday;
j. market research; 
k. other purposes with your consent, whether written, verbal or implied;
l. operate the website, generate content and provide customer support and billing services (including updates and improvements);
m. provide the services requested by you;
n. research, develop and improve our services; 
o. to conduct surveys to determine use and satisfaction with our services;
p. to generate statistics in relation to the Website;
q. detect, investigate and prevent potentially unlawful acts or omissions or acts or omissions with the potential to breach our T&Cs, this or other policies;
r. enforce our T & C’s or other policies; 
s. verify information for accuracy or completeness (including by way of verification with third parties);
t. combine or aggregate your personal information with information we collect from third parties and use it for the purposes set out in this clause;
u. contact you at your contact details we have collected, by way of voice call, post, text message or email;
v. aggregate and/or make anonymous your personal information, so that it cannot be used, whether in combination with other information or otherwise, to identify you;
w. collect fees, resolve disputes and to identify, test and resolve problems;
x. notify you about the website and updates to the website from time to time; or

y. supply you with generalised, targeted or personalised marketing, advertising and promotional notices, offers and communications based on your preferences, and measure and improve our marketing, advertising and promotions based on your ad customisation preferences.

20.8 Your personal information may be used for the purpose of direct marketing to keep you informed about a range of services which may be of interest to you.
 
20.9 If your phone number is registered on the “Do Not Call Register”, by providing us with your phone number, you consent to receiving phone calls from us and acknowledge and agree that such calls will not constitute unsolicited telemarketing calls under section 11 of the Do Not Call Register Act 2006 (Cth).
 
20.10 Opt out
At any time you may opt out of receiving any third party organisation marketing by emailing us at help@ammavuta.com.au.
 
20.11 Access to your personal information
You may request access to your personal information held by us by writing to us at the address stated below. Where we hold information that you are entitled to access, we will endeavour to provide you with a suitable range of choices as to how you access it, at your expense, as soon as reasonably practicable.
 
20.12 Access to personal information may be refused in certain circumstances, such as where it would impact the privacy of others, for legal reasons, prejudicial to an enforcement body, reveal commercially sensitive information, pose a risk to the life or safety of an individual or if the request is frivolous or vexatious.
 
20.13 If you believe that your personal information held by us is incorrect, incomplete, inaccurate or irrelevant, please contact us at help@ammavuta.com.au
 
20.14 Website
a. Whilst our Website operates in a secure environment and is professionally hosted, when using the website you should be aware that no data transmission over the internet can be guaranteed as totally secure. Although we strive to protect your personal information, we do not warrant the security of any information transmitted to it over the internet. Any information transmitted to us over the internet is done so at the risk of the person or organisation transmitting the information.
b. “Cookies” may be collected by our Website and used by us to improve our customer service and for statistical and marketing purposes. This information may include your personal information as well as non-personal data such as the server address, domain name, date and time of visiting the site, pages accessed, previous site you visited, whether you have visited our Website previously and the type of web-browser used.
 
20.15 Complaint or further information required
Any questions about this policy, or any complaint regarding treatment of your privacy by us, should be made in writing to Purple Wednesday:
We will respond within 30 days. Any breach of this privacy policy will be investigated and appropriate action will be taken to prevent any further breach.
 
20.16 Further information on privacy legal requirements can be obtained from the Australian Information Commissioner at www.oaic.gov.au or phone 1300 359 779.
 
20.17 If you or someone you know wishes to use our website but needs assistance to do so please contact us by emailing us at help@ammavuta.com.au . We will do our best to make your use of the site easier. 
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