Terms and Conditions

BARRYGEMS is a Gemstone and Jewellery brand registered in Australia.

We strongly believe in protecting the privacy of our website users, employees, associates, and customers.

By purchasing products from our online store, you acknowledge that all personal information that you supply to us in connection with your purchase will be collected, used, disclosed, and managed by BARRYGEMS.

This will be conducted under our privacy policy, where a copy is available at www.barrygemsjewellery.com/privacy-policy.

Your purchases from our online store will be governed by the following terms and conditions, including any other terms which may be notified to you at the time of placing your order.

Please read these terms carefully before ordering any products from the BARRYGEMS Online Store.

By ordering any products sold under the brand, you agree to be bound by these terms.

In addition, by ordering any products from us, you acknowledge and agree that your use of the website www.barrygemsjewellery.com will be governed by:

(a) the website terms included on this page (“Website Terms of Use”);

(b) and you agree to comply with those terms and you consent to our use of cookies and other tracking codes on your device following the Cookie Policy.

About these Terms of Sale

Before placing an order for any products, you must read and agree to be bound by these terms.

If you are unable to agree to these terms, you may not proceed to purchase any products from the BARRYGEMS Online Store.

These terms apply to all orders and purchases of products made from the store.

We may revise these terms from time to time. Any changes to these terms will be effective on the date on which they are posted on our online store.

We will endeavour to communicate with you electronically by email when you order and purchase products from us.

Placing an Order

To be able to buy Products you must:

(a) read and accept these terms of sale;

(b) provide your name and address, phone number, email address, payment details, and other required information;

(c) provide a valid, registered, and accurate delivery address (Note: we may not be able to deliver to certain addresses, including but not limited to some, P.O. Box addresses, overseas army addresses, some hotels, hostels, or prisons);

(d) be aged 18 years or over, be legally capable of entering into binding contracts, and the owner or authorized holder of a valid debit/credit card, if paying for the products with a debit/credit card.

(e) you may place an order by clicking on the "ADD TO CART" button and proceeding to the checkout page.

(f) you will be provided with an opportunity to review your order, read and accept the terms of sale, check the total price of your order and the information you have provided, and correct any input errors before confirming your order.

We will not be responsible for any delay or failure to process your order if it is not completed properly or accurately.

If you place any products in your cart and accept our terms of sale but do not complete your order (including if you do not provide your shipping or payment details or if you close your internet browser window before completing the order process), you agree that we may send you one or more emails and corresponding advertisements reminding you that you have an incomplete order and prompting you to visit our online store to complete your purchase.

Delivery Locations

We offer worldwide shipping, however, as disclosed in the previous clause, we regret that we may not be able to deliver to certain parts of the world and other international markets.

Order Processing and Contract Formation

Once you have submitted and confirmed your order, we will send an email to the email address you provided, acknowledging receipt of the order and setting out details of the ordered products (Order Receipt Confirmation Email).

We may choose to reject all or part of an order for any reason, including, and without limitation to abnormal orders and orders if we suspect they are not placed in good faith.

This also applies to orders placed with incorrect offers and made as a result of human, system, or technology error (including errors in the image, description, or price).

We may from time to time impose quantity restrictions or limits on the products you can order.

Any quantity or total value restrictions will be stated on our website or communicated to you at the time of placing your order or otherwise.

If we reject an order, we will refund the money paid for that order. After receiving your order, we will check that the ordered products are available.

A separate contract for the sale of the ordered products between you and us will be formed when we email you confirming that all or part of the order is available and has been dispatched (Shipment Confirmation Email).

You are encouraged to download, save and print a copy of your Order Receipt Confirmation Email, Shipment Confirmation Email, and these terms for your records.

The contract will only relate to those products which have been despatched and are listed in the Shipment Confirmation Email.

We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Shipment Confirmation Email.

If you would like to cancel your order after you have received your Shipping Confirmation Email, please see the Returns and Refunds policy or get in touch with Customer Support.

Prices, Shipping, and Handling, Charges and Taxes

The price charged for a product will be the price in effect at the time your order is placed and will be set out in the Order Receipt Confirmation Email and your Shipping Confirmation Email.

If you place additional or separate orders after receiving the Order Receipt Confirmation, you will incur additional shipping and handling charges for such additional orders.

The products, prices and promotional offers (if any) made online only apply to orders placed on our online store and may be different from those available with in-person purchases.

If there is a pricing error, whether on the online store or in an Order Receipt Confirmation Email or otherwise, then to the extent permitted by law, we reserve the right to correct such error and charge the correct price or cancel the order.

If the actual price is more than the amount shown on your Order Receipt Confirmation Email, we will contact you with the correct price before processing your order, and your sole remedy, if such error occurs, is in the means to cancel or correct your order.

You acknowledge that even after we have sent you a Shipping Confirmation Email, if the pricing error is obvious and could have reasonably been recognised by you as a mispricing, then we are under no obligation to provide a product to you at an incorrect (lower) price.

Prices for the Products include GST or other applicable taxes but do not include charges for shipping and handling. This may differ from time to time and might be advertised if applicable.

Separate charges for shipping, handling, and their related GST or other taxes will be shown in your Order Receipt Confirmation Email and can be viewed on a summary screen before finalizing your order.

Prices for products as well as shipping and handling fees may be changed at any time without notice to you, but changes will not affect orders in respect of which we have already sent you a Shipping Confirmation Email.

Promotional Codes

From time to time promotional codes may be offered to the public or individual customers. To redeem a promotional code, the code should be entered during check out (of a valid transaction) when prompted.

Unique promotional codes can only be used by the intended recipient and cannot be transferred to another customer. Discounts/promotional codes cannot be used in conjunction with any other offer including other promotional codes and/or gifts with purchase promotions.

Promotional codes cannot be used for the purchase of any sort of Gift Cards.

Promotional codes are not valid for redemption in person other than on our online store and cannot be exchanged for cash or other products.

Promotional codes cannot be used retroactively on orders that have already been placed. Delivery charges are excluded from the calculation of % off discounts and other promotional codes.

Payment

Payment must be made by one of the methods available during the checkout process (e.g. VISA, MasterCard, American Express, PayPal, AfterPay, Apple Pay, Coinbase, or gift card).

This also applies to any payment methods that are available on the online store but may not have been mentioned in this clause. The name on the credit card must be the same as the name of the person placing the order.

If we do not receive confirmation that the payment has been processed, we reserve the right to cancel your order.

The value of your purchase will be settled from the applicable payment method when the order is finalised. If your payment cannot be processed you will be notified on the relevant channels.

You will then need to contact the card issuer, or the applicable payment provider and endeavour to resolve the issue before making your purchase.

Delivery

You should allow approximately 3-8 business days for standard delivery and 2-5 business days for express delivery for in-stock items, provided that your payment is received before 2 pm on the day that the order is placed.

We reserve the right to substitute another carrier of equal or lesser cost to deliver your order.

If we cannot deliver your order within the period specified in your Shipping Confirmation Email, then we will contact you and you may choose to cancel your order and receive a full refund.

If you unreasonably defer delivery or delay the receipt of delivery after the shipping provider has notified you that they have tried to deliver the ordered items to you, or if you have provided them with an incorrect delivery address which results in an unsuccessful delivery, the delivery package will be returned to us.

Events Outside Our Control

We shall not be responsible for delay or failure to perform, if the delay or failure is caused by any act, event, non-happening, or circumstance beyond our reasonable control including but not limited to:

(a) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

(b) strikes or lockouts (or other industrial action);

(d) failure of transportation facilities, power or utility outages, earthquake, fire, explosion, storm, flood, subsidence, epidemic or other natural disasters;

(e) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; or

(f) the acts, decrees, legislation, regulations, or restrictions of any government.

Our performance is deemed to be suspended for the period that the above continues.

Product Availability

We use reasonable efforts to ensure the availability of all advertised products that you order from our online store. However, products are made available to purchase on a "first in-first out" basis and are only available whilst stocks last.

Product Information

Please take care when placing your order to ensure that the products you purchase are suitable for the intended use. Use our online store as your final point of reference when checking the kind of product that you are ordering.

If there is a difference between our advertised products and any other website (or any other source of information), the products as shown on our online store at the time of purchase will take precedence.

All products should be purchased on the official BARRYGEMS online store at barrygemsjewellery.com.

For any products sold outside of barrygemsjewellery.com that contain the BARRYGEMS brand name, we strongly advised you to contact us before making a purchase.

This is to protect you from purchasing fakes, unauthorised BARRYGEMS products, and the misuse of your data and personal information.

We are not responsible for third-party distributors and other sellers selling fakes and unauthorised products that misrepresent our brand.

If the products you have received do not correspond to the ones you have ordered, or if your delivery is incomplete or damaged during transportation, please immediately contact BARRYGEMS Customer Support either by email or by phone for further assistance.

Title to Products

We retain full legal title to our products until we have received the full amount due for the ordered products and you have received your Shipping Confirmation Email. The Products will be at your risk from the time of delivery.

Return and Refund For Change of Mind

This policy only applies to products purchased on our online store. It is offered both in Australia and other international countries, but may not be available in all international markets.

If you did not purchase from our online store, then contact your retailer for further information. You have additional rights under the Australian Consumer Law that are not limited by this policy.

Please note that barrygemsjewellery.com is the only current provider for any BARRYGEMS products. Any purchase(s) should be conducted on our official online store or in-person.

In addition to your rights under the Australian Consumer Law and subject to the conditions set out below, if for any reason you change your mind and no longer want the products, you can return any unused and undamaged products purchased from our online store to the location notified by our customer support within 14-days of delivery for a refund.

You must pay your shipping and transport costs for this return, refund, or exchange transaction. Your legal rights in respect of defective goods are unaffected.

If you wish to return the products you will need to get in touch with our customer support. This can be done via email or telephone.

If you do not return the products in full within 14-days of delivery or do not have proof of purchase, we may refuse to give you a refund.

If you return any products in a used or damaged condition, we may deduct from any refund (or otherwise seek to recover) at an amount equivalent to the reduction in the value of the products, which might be 100% of the purchase price.

Once we have received and validated your returned products, we will send you a confirmation email. Your refund will then be processed and confirmed.

Proof of Purchase

Proof of purchase in the form of a Jewellery Authenticity Card, plus a receipt, gift receipt, credit card, bank statement or tax invoice, or other evidence of purchase that is satisfactory to us is required before we process any claims.

Warranty Claim

We advise that you get in touch with customer support before sending or shipping any products back.

All products should be shipped back directly to us and only after the return, refund, and/or exchange has been approved by our customer support.

You are responsible for the charges that will be associated with the return of the product(s).

If we are satisfied that the warranty claim is valid, we will arrange for either the repair or replacement of the jewellery.

We will also advise you of your repair options (if any) and the associated charges if we do not accept your warranty claim.

Australian Consumer Law

Our warranty against defects provides benefits in addition to the rights and remedies to which you are entitled under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)).

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.

[Note: “major failure” has a specific meaning under the Australian Consumer Law.]

Product Liability, Exclusions, and Limitations

The only conditions and warranties which are binding to us in respect to the products and services supplied by BARRYGEMS are those expressly set out in these terms and required to be binding by statute; including the applicable provisions of Australian Consumer Law.

All other statutory or implied terms, conditions, guarantees, or warranties concerning the quality or condition of our products, or any goods, information, service, material, advice, or recommendation supplied by us to you are excluded to the fullest extent permitted by law.

If we breach any terms, conditions, guarantees, or warranties which cannot lawfully be excluded but can be lawfully limited, then to the extent permitted by law and without limiting your rights under the Australian Consumer Law, our liability for such breach is limited to either;

(a) resupplying of the products (or equivalent goods) you have purchased in respect of which the claim arises, or

(b) paying the amount you paid us for those products in the process of a refund.

To the fullest extent permitted by law and except to the extent (if any) provided in these terms, we have no liability to you or any other person for any loss of or anticipated profit, loss of data, loss of use, damage to goodwill or loss due to delay, or other direct or indirect loss or damage (however caused) which may be suffered or incurred or which may arise from or in connection with your use of our website, or your use of or reliance upon any of the information, services and/or materials contained in it or provided by it to you or our negligence or our breach of our obligations under these terms.

We do not warrant that any of the functions contained on our website will be uninterrupted or error-free, or that any notifications will be made on time, or at all.

When you access our website, we may send a “cookie” (which is a small summary file containing a unique ID number) to your computer. This enables us to recognise your computer and greet you each time you visit our website without bothering you with a request to register.

Our website also enables us to keep track of products or services you view so that, if you consent, we can send you news about those products or services.

We also use cookies to measure traffic patterns, to determine which areas of our website have been visited, and to measure transaction patterns on the website in different markets.

We use this to research our users’ habits so that we can improve our online products and services.

Our cookies do not collect personal information. If you do not wish to receive cookies, you can set your browser so that your computer does not accept them.

We may log IP addresses (that is, the electronic addresses of computers connected to the internet) to analyse trends, administer the website, track users' movements, and gather broad demographic information.

As our website is linked to the internet, and the internet is inherently insecure, we cannot provide any assurance regarding the security of transmission of information you communicate to us online.

We also cannot guarantee that the information you supply will not be intercepted while being transmitted over the internet.

Accordingly, any personal information or other information which you transmit to us online is transmitted at your own risk.

You must take personal precautions to ensure that the process you employ for accessing our website does not expose you to the risk of viruses, malicious computer code, or other forms of interference that may damage your computer system.

For the removal of doubt, we do not accept responsibility or liability for any interference or damage to your computer system which arises in connection with your use of our website or any linked website

Our website may contain links to other websites operated, controlled, or produced by third parties.

We make no representations or warranties relating to the privacy practices of any third party website and we are not responsible for the privacy policies or the content of any third party websites.

Third-party websites are responsible for informing you about their privacy practices.

We are not liable for any loss or damage caused by our online store or any website operated, controlled, or produced by third parties linked to or from our official website.

Privacy

By purchasing any products from BARRYGEMS, you consent to us collecting, holding, using, and disclosing your personal information following our Privacy Policy.

Contact Details

Our Customer Support will assist you with any online inquiries, order-related questions, or complaints.

You can contact us by visiting our contact us page or by booking an appointment from Monday to Friday between 9 am and 5 pm using the provided contact details.

Our Customer Support Centre could be closed on the following Australian public holidays:

25 December (Christmas Day)
26th of December (Boxing Day)
1 January (New Year's Day)
26th of January (Australia Day)
Good Friday
Easter Monday
25th April (ANZAC Day)
Queen’s birthday
Labour Day

Governing Law and Jurisdiction

These terms and your purchase of products from us through our online store shall be governed by and construed following the Laws of Queensland, Australia. Your transaction is deemed to have taken place in Queensland.

Any dispute or claim arising out of or in connection with these Terms or your purchase of products from us (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of Queensland and the Commonwealth of Australia.

Termination

Without prejudice to BARRYGEMS’ termination or other rights under any other provision of these terms or applicable law, we may at any time, before delivering the products to you, immediately terminate the contract for the supply of products to you if;

(a) in our reasonable opinion, you breach these terms and the breach is not capable of being remedied; or

(b) the breach is capable of being remedied, and you fail to remedy the breach after we have given you 7 days to remedy the breach.

If we terminate the contract under this clause we will refund any money received for that order.