Terms of service

TERMS OF SALE – LAVANA JEWELLERY

Introduction
These Terms and Conditions form a legally binding agreement between you (the customer) and Moissanite Pty Ltd trading as LAVANA Jewellery (ABN 40 605 032 237) ("LAVANA"). These terms govern the purchase, fulfilment, and delivery of goods ("Goods") from www.lavana.com.au.

By placing an order with LAVANA, you accept and agree to these Terms of Sale. Please read them carefully before purchasing.

1. Legal Rights
Your purchase is protected under Australian Consumer Law, which guarantees that Goods are of acceptable quality, match descriptions, and are fit for purpose. These Terms do not exclude or limit your statutory rights.

2. Prices and Taxes

• All prices are listed in AUD and inclusive of GST unless otherwise stated.
• LAVANA may update prices without notice.
• Delivery charges are shown at checkout. Additional charges may apply for remote locations or international orders.
• International customers are responsible for customs duties, taxes, and import fees.

3. Account Creation
To place an order, you must register an account. You confirm all details are accurate. LAVANA is not responsible for losses resulting from incorrect information.

4. Placing and Accepting Orders

• Submitting an order is an offer to buy the Goods.
• You’ll receive an order acknowledgement followed by confirmation if accepted.
• A binding contract is formed once we send the confirmation.

Order Rejection/Cancellation: We may cancel orders before or after payment if:

• Stock is unavailable
• Product details are incorrect
• Technical errors occur
• Fraud or payment issues are suspected

In such cases, full refunds will be issued promptly.

5. Payment Methods
We accept credit/debit cards, LAVANA gift cards, and bank transfers. Orders may be declined if:

• Details don’t match
• Fraud is suspected
• Payment fails or the card is expired

You may be asked for ID verification.

6. Cancellations & Delays
You may cancel your order if:

• It hasn’t been confirmed yet
• LAVANA breaches a material term
• Delivery delays exceed your required timeframe (before confirmation)

We may cancel orders due to stock or supplier issues, force majeure, or errors. Refunds will be processed within 2 business days.

7. Availability and Delivery

• Many items are in stock. We'll notify you if we can't supply them.
• Delivery estimates are indicative only.
• Peak periods may cause delays.
• Risk and title transfer to you upon dispatch.

You’ll receive a tracking number via email. Failed delivery due to incorrect address or non-collection may incur a re-delivery fee.

8. Click & Collect
Shop online, collect in person. Click & Collect is available at Moi Moi Sydney and Melbourne. Bring ID and your order confirmation. Only the purchaser may collect the order unless otherwise arranged.

9. Returns and Refunds

• Notify us immediately if goods arrive damaged.
• Refer to our Returns Policy for eligibility.
• Return items securely with tracking and proof of delivery.
• We are not responsible for returns lost in transit.

Return Address:
LAVANA Jewellery
Suite 701, No. 46 Market Street
Sydney NSW 2000
Phone: 02 88 599 599

10. Refund Processing

• Refunds are processed within 2 business days.
• Larger refunds may be completed in $4,000 increments.
• Time to receive funds depends on your bank.

11. Online Store Specific Terms

• Digital Communication: All communications regarding your order, including confirmations, updates, and tracking, will be sent via email. It is your responsibility to ensure your email address is accurate and monitored.
• Order Review: Please ensure all order details are correct before placing your order. LAVANA is not responsible for incorrect information submitted by the customer, including delivery addresses or ring sizes.
• Custom Orders: Customised or personalised items, including made-to-order pieces, engravings, or modified designs, are not eligible for change-of-mind returns or refunds unless faulty.
• Non-Delivery: Once an item is marked as “Delivered” by the courier, risk and title are considered passed to you. LAVANA is not liable for stolen packages or delivery issues arising after this point. Please choose a secure delivery address.
• Missing Items: You must notify LAVANA within 48 hours of receiving your parcel if any item is missing or incorrect. After this period, claims may not be accepted.
• Shipping Delays: LAVANA uses third-party carriers and is not responsible for shipping delays once the item has left our premises. We will provide tracking and reasonable support, but refunds or replacements will not be issued for carrier delays.
• Return Timeframe: Online returns must follow our Returns Policy. You must contact us within 14 days of receiving your item to initiate a return. Returned items must be unworn, in original packaging, and include proof of purchase.
• Currency and Duties: All prices are in Australian Dollars (AUD). International customers are responsible for any customs duties, VAT, or local taxes incurred on importation.
• Website Errors: In the event of a pricing or product error, LAVANA reserves the right to cancel orders and issue a full refund. We are not obligated to honour incorrect listings.

12. Limitation of Liability LAVANA is not responsible for indirect, incidental, or consequential losses due to order issues. Our liability is limited to refunding the purchase price.

13. Governing Law
These Terms are governed by the laws of New South Wales, Australia. Disputes will be resolved under these laws.

Effective Date: May 2025

 

TERMS OF USE – LAVANA JEWELLERY

1. About the Website 1.1 Welcome to www.lavana.com.au (the "Website"). This Website allows you to browse and purchase various jewellery products available for sale (the "Products"). Access to these services (the "Purchase Services") is provided by way of this Website.

1.2 The Website is operated by LAVANA Jewellery, a business name of Moissanite Pty Ltd (ABN 40 605 032 237) ("LAVANA"). Access to and use of the Website, or any associated Products or Services, is provided by LAVANA. Please read these Terms and Conditions ("Terms") carefully. By accessing or using the Website, you confirm that you have read, understood, and agree to be bound by the Terms. If you do not agree with the Terms, you must cease using the Website and its Services immediately.

1.3 LAVANA reserves the right to review and update these Terms at any time. Any changes take immediate effect upon publication on the Website.

2. Acceptance of the Terms 2.1 You accept the Terms by continuing to use the Website. You may also accept the Terms by clicking “accept” where this option is made available.

3. Registration 3.1 To access the Purchase Services, you may be required to register as a user. This may include providing personal information such as: a. Email address
b. Mailing address
c. Phone number
d. Password

3.2 You warrant that any information provided is accurate, complete and current.

3.3 Upon registration, you become a "Member" and agree to be bound by the Terms.

3.4 You may not use the Purchase Services if: a. You are not legally permitted to form a binding contract; b. You are prohibited from accessing the Website under the laws of your country.

4. Member Obligations 4.1 As a Member, you agree to: a. Use the Purchase Services lawfully and in accordance with the Terms;
b. Maintain confidentiality of your login details and be responsible for all use under your account;
c. Notify LAVANA immediately if you suspect any unauthorised access to your account;
d. Not use the Website for any unauthorised or unlawful purposes, including spamming or data harvesting;
e. Not engage in any automated use of the Website.

5. Copyright and Intellectual Property 5.1 All content on the Website is owned by or licensed to LAVANA and protected by copyright and other intellectual property laws. This includes text, graphics, designs, logos, images, videos, and software ("Content").

5.2 You must not reproduce, modify, transmit, republish, or distribute any Content without written permission from LAVANA or relevant rights holders.

6. Privacy 6.1 Your use of the Website and Purchase Services is subject to LAVANA’s Privacy Policy, available on the Website.

7. Product Descriptions 7.1 Jewellery may be described using millimetres and approximate carat weights. Colours and sizes may appear differently in photos.

8. Information and Pricing 8.1 All product information and pricing is subject to change without notice. Errors in listings or communications are not binding. If errors are discovered post-order, LAVANA will notify you to confirm how you'd like to proceed.

9. Promotions and Discount Codes 9.1 From time to time, LAVANA may offer promotional codes or discounts. These are subject to specific terms and may be withdrawn at any time without notice. Only one discount code may be used per transaction unless otherwise stated.

10. Shipping and Delivery 10.1 Shipping costs, delivery times and any applicable international duties or taxes are detailed on the Website and may change without notice.

10.2 Risk of loss passes to you upon dispatch from our premises.

11. Returns and Exchanges 11.1 LAVANA offers returns and exchanges in line with its Returns Policy, available on the Website. This does not limit your rights under Australian Consumer Law.

12. Disclaimer 12.1 Products and Services are provided “as is” without guarantees beyond those required by law.

12.2 LAVANA makes every effort to ensure product depictions are accurate, but variations may occur.

12.3 Subject to Australian Consumer Law: a. All other warranties are excluded;
b. LAVANA is not liable for indirect or consequential loss.

12.4 You use the Website and Services at your own risk. LAVANA is not liable for: a. Technical issues, data loss, or unauthorised access;
b. Inaccuracies in content or third-party material;
c. Transaction failures or site downtime.

13. Limitation of Liability 13.1 LAVANA’s liability is limited to the purchase price paid by you or resupply of services.

13.2 LAVANA will not be liable for indirect, incidental, or consequential losses.

14. Termination 14.1 These Terms remain in effect until terminated.

14.2 You may terminate by closing your account and notifying LAVANA.

14.3 LAVANA may terminate or suspend access if:

a. You breach the Terms;
b. Required by law or third-party providers;
c. LAVANA ceases to provide the Services.

14.4 Upon termination, rights and obligations that are intended to survive will remain in effect.

15. Indemnity 15.1 You agree to indemnify LAVANA against all claims, losses, damages or costs arising from: a. Content you submit;
b. Your use of the Website or Purchase Services;
c. Any breach of these Terms.

16. Third-Party Links and Content 16.1 The Website may contain links to other websites and resources that are not under LAVANA’s control. LAVANA is not responsible for the content, privacy practices, or availability of external sites.

17. Governing Law 17.1 These Terms are governed by the laws of New South Wales, Australia. Any disputes will be resolved in accordance with these laws.

Effective Date: May 2025