Conditions of Sale of Products
Definitions
In these Conditions of Sale of Products, the following words and phrases have the following meanings unless the context otherwise requires:-
GST refers to the tax payable in Australia on the supply of goods and services pursuant to the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Paspaley refers to the Paspaley Pearls Group of Companies.
Product or Products refers to our pearls and other products available for purchase on this Website.
Terms and Conditions refers to these Conditions of Sale of Products.
Terms of Service of Website refers to the information described as such on this Website.
we, us or our refers to Paspaley Pearling Company Pty. Limited.
Website means the entire website accessible via wholesale.paspaley.com
General Terms
This Website, wholesale.paspaley.com, is operated by Paspaley Pearling Company Pty. Limited (ABN 67 009 591 708) a member of the Paspaley Pearls Group of Companies (Paspaley).
This Website and the Products offered on it are only available for business customers.
Set out below are the Terms and Conditions of sale that will apply to the sale and purchase of our Products made on this Website.
These Terms and Conditions should be read in conjunction with our Terms of Service of Website.
We may update these Terms and Conditions from time to time without prior notice to you.
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 Wholesale Representative will be available to assist you from 9:00am to 5:00pm AEST Monday to Friday. If you wish to confer with a Wholesale Representative, please do so using the contact details provided here.
Business Hours
Our business hours are Monday – Friday, 9.00 am – 5.00 pm AEST. Orders cannot be processed on weekends or public holidays.
Availability for Sale of Products
Unless described as ‘Reserved’, all Products displayed on the Website are available for sale.
Product Purchase
We only sell Products in accordance with these Terms and Conditions.
Order Confirmation
This Website may be used to order online for delivery within Australia as well as selected international countries.
To confirm an order, you must select the ‘Submit Order’ option.
Orders may also be placed by contacting the Wholesale Representative from Monday to Friday, 9.00 am to 5.00 pm AEST. 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.
Changes and cancellations can be made by contacting us prior to shipping.
Prices
Prices are quoted in US Dollars.
Prices are quoted on a GST exclusive basis.
- GST will be added to the price for Products supplied within Australia. GST must be reported and paid in Australian currency. Prior to confirming an order, you will be advised of the amount of the GST in US Dollars. The conversion rate we have used to calculate the GST payable on the supply in Australian currency will be displayed on your invoice.
- Exported Products are GST-free if they are exported from Australia within 60 days of our receipt of payment for the Product.
Prices quoted do not include the cost of shipping and delivery. Orders totalling less than USD4,000.00 will attract a shipping and delivery fee of USD15.00 to anywhere in Australia and USD70.00 outside of Australia. No shipping or delivery fee will be applied to orders of USD4,000.00 or more in a single transaction, subject to the terms and conditions for Returns and Refunds stated below.
Bank transfer fees, including international transaction fees which may possibly apply, will not be quoted or form part of the invoiced price. These will be payable by you, as applicable.
Taxes, customs, duties and clearance fees which may apply in the destination country will not be quoted or form part of the invoiced price. These will be payable by you, as applicable.
Description of Products
Products available via wholesale.paspaley.com are described in accordance with our Grading Criteria, the details of which are accessible here.
Your acknowledgement of the Grading Criteria as the basis upon which Products are described is necessary before you can proceed to make an order and payment for a Product via wholesale.paspaley.com
Please note the following:-
- Cultured Pearls
- Unless expressly specified otherwise, all pearls available for sale are cultured pearls;
- Colour and Lustre
- All pearls available for sale are of natural colour and lustre and are untreated unless expressly described otherwise. Any strands which are maeshori treated are specified as such.
- Dimensions
- Whilst every care is taken to ensure that descriptions of weight are precise, the weight of a pearl can vary minutely over time;
- Whilst every care is taken to ensure that measurements of size are precise, any such measurements are subject to the qualification that most Products are not symmetrical and, accordingly, that slight variations in dimension may occur depending upon the precise point of measurement;
- Photographs and Videos
- Whilst photographs and videos of particular Products are of the actual item to which they relate, they should be viewed in conjunction with the Grading Criteria and the specific descriptions applying to them;
If you have any questions or concerns about our Products or your order, please contact a Wholesale Representative before confirming your order.
Payment
All orders are payable in USDollars (USD).
Payment by bank transfer must be received within three (3) business days of an order being placed or such other period as may be agreed with the Wholesale Representative.
We also accept American Express, Visa, MasterCard and Paypal payments.
Ownership
All Products remain the property of Paspaley until full payment for your order is received. Once full payment is received, you will own the Product.
Risk and Delivery
All risk in the Products passes on delivery.
Right to delay and/or cancel an order
We retain the right to delay and/or cancel an order if fraudulent activity is suspected or as required by law.
Delivery
Products will be delivered to the address specified in the order.
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.
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
Purchases made online through wholesale.paspaley.com should be delivered within five (5) business days.
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.
International Delivery
International purchases are shipped via FedEx, DHL or another similar courier service. Upon confirmation of an order, we will provide you with an indicative delivery date. We do not accept responsibility for any packages retained for customs inspections and delays caused thereafter.
Orders will generally be dispatched within one (1) working day.
Delivery to destinations outside of Australia will at all times be subject to available shipping services and any Australian or relevant international restrictions or prohibitions upon shipping which may apply to a particular destination.
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 the Wholesale Representative as soon as possible.
Returns and Refunds
Our Terms and Conditions dealing with the return of Products are in addition and subject to such statutory rights as you have, including pursuant to the Competition and Consumer Act 2010 (Cth).
Returns and refunds for Products purchased on wholesale.paspaley.com will be processed through a Wholesale Representative.
Other than in circumstances where a Product is being returned because of a breach by us of these Terms and Conditions, including terms which apply by legislation, products purchased on this Website may be returned for refund within 14 days of delivery subject to the following:-
- You must contact the Wholesale Representative before returning any product to us for refund.
- The Wholesale Representative will provide instructions for returning the product to us.
- All returns and exchanges are subject to a quality assurance inspection process before we accept them.
- The Product must be returned in its original condition and include its original packaging.
- Returns should be sent to:
Australian Pearl Centre
Lower Ground Floor, No.2 Martin Place
Sydney, NSW Australia 2000
using the return label provided.
- Any Product with signs of wear and tear through use, interference or damage will not be accepted.
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, including terms and conditions which apply by legislation, it is your responsibility to pay the related shipping costs, including insurance. 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 Wholesale Representative 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.
Guarantee
We guarantee that all pearls appearing on wholesale.paspaley.com:-
- are Australian South Sea Pearls;
- have natural colour and lustre unless:
(i) stated otherwise; or
(ii) they are maeshori treated strands and described as such.
Your invoice will include a guarantee of natural colour and lustre except if the Product is maeshori treated.
Intellectual Property
Products purchased from this Website may be described as ‘Australian South Sea Pearls’.
It is a condition of sale of any Product that you will not describe or otherwise represent the Product as being a ‘Paspaley’ Product to any person (including your customers or potential customers). The term ‘Paspaley’ is a registered trademark, owned by Paspaley Pearl Sales Pty Ltd. You may not use that trademark unless expressly licensed to do so by that company. The purchase of any Product from this Website does not constitute such a licence.
Nothing in these Terms and Conditions permits or otherwise authorises you to use, copy or reproduce any material, including any image or document, in which we (or another Paspaley Pearls Group entity) have copyright or any other intellectual property right.
Exclusion of Liability
To the fullest extent permitted by law, we, for and on behalf of us (including our directors, officers and employees) and any and all members of Paspaley, exclude 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, loss of reputation, special loss, exemplary damages and punitive damages), suffered or incurred by you or any third party by reason of, arising from, related to or caused by breach of these Terms and Conditions, negligence, breach of statute or otherwise by us.
If, notwithstanding the foregoing, we are liable for any loss or damages, to the extent permitted, our liability, and that of each member of Paspaley, is limited to the maximum extent permitted by law.
Privacy Policy
Our privacy policy describes the collection, use and disclosure of personal information given to us in connection with the purchase of any Product. It applies to your purchase of any Product from us.
A copy of that policy is available from: Privacy Policy
Governing Law
These terms and conditions shall be governed by and construed in accordance with the laws of the Northern Territory of Australia.
You agree to submit to the non-exclusive jurisdiction of the courts of the Northern Territory of Australia as regards any claim or matter arising out of these Terms and Conditions.