Terms & Conditions
Website Disclaimer
Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following disclaimer, together with our terms and conditions of use.
The information contained in this website is for general information purposes only and is provided by www.bohostones.com.au . While we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. You need to make your own enquiries to determine if the information or products are appropriate for your intended use.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
Through this website you may be able to link to other websites which are not under the control of www.bohostones.com.au. We have no control over the nature, content and availability of those websites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the website up and running smoothly. However, www.bohostones.com.au takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
You must be over 18 years of age to use this website and to purchase any goods or services.
Terms & Conditions
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
Welcome to our website, www.bohostones.com.au allows consumers to browse, select and purchase products from Boho Stones, ABN 62803112684. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to www.bohostones.com.au and “You”, “Consumer”, “Customer” and “Your” refers to you, the client, browser, website user or person using our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy and website disclaimer, govern www.bohostones.com.au’s relationship with you in relation to your use of this website. Please read our terms and conditions carefully before engaging in any transactions or continuing to use our website. If you do not agree to our terms and conditions, then you may not access the website or use any “services”. By visiting our site and/ or purchasing something from us, you choose to engage in our “service”, this will signify your acceptance of these terms and conditions of use. These terms and conditions apply to all users of our site, this is inclusive of but not limited to users who are consumers, vendors, browsers, as well as any contributors of content to our brand. Any new features or tools applied by Boho Stones that are implemented to our site shall also be subject to our terms and conditions. We will endeavour to highlight any significant or substantive changes to you where possible on our site. It is however, your obligation to check our terms and conditions periodically for any changes that may have been made. If you choose to continue to use or access our site, this constitutes acceptance of those changes.
You must be over 18 years of age to use this website and to purchase any goods or services.
AMENDMENT OF TERMS
We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible, on our site. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and www.bohostones.com.au’s rights and obligations to each other. If you, the consumer, have an order that has been accepted by us, the Terms and Conditions applied to that order are those Terms and Conditions current at the time the order is placed. Terms of Service can be reviewed at any time when accessing www.bohostones.com.au and clicking on the relevant link.
LIMITATION OF LIABILITY
It is an essential precondition to you using our website that you agree and accept that www.bohostones.com.au is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. By using our website you accept that our Website is provided “as is”, this means we do not make any warranty or representation as to the appropriateness of our Website. This also includes any of its products for any purpose. This also includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.
It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
REVIEWS, COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
You the consumer are permitted to post reviews and make comments on our website, however, reviews and/ or comments are not permitted to be unlawful, indecent, threatening, and slanderous or infringes upon any party’s intellectual property or these Terms and Conditions. You also agree that your comments will not violate the rights of any third-party, this includes copyright, trademark, privacy, or other personal or proprietary right. Reviews and/ or comments posted to our website must not contain software viruses or malware that could affect the operation of our service or website or commercial solicitation or any form of “spam”. At our discretion, we reserve the right to remove any such content/ material at any time, and without notice to you. You are not permitted to use a fabricated e‑mail address, impersonate someone, or deceive us or any third-party as to the source of any comments. You the consumer are exclusively accountable for any comments made as well as their accuracy. Boho Stones will not be responsible or liable for any compensation for any comments posted by you or any third-party.
Boho Stones has no responsibility to remove, monitor, or edit any content we determine in our sole discretion to be illegal, offensive, bullying, slanderous, pornographic, and explicit or infringes upon any party’s intellectual property or these Terms and Conditions. But we may, and possess the right to do so at our discretion.
If you the consumer choose to send Boho Stones (either at our request or at your own discretion), any kind of proposals suggestions, offers or ideas or any other submission, we reserve the right to utilise such material to edit, reproduce, re-issue, distribute, modify, publish, and show such material/ content on our Website as well as on any of our marketing collateral that Boho Stones may produce. Boho Stones will not liable for any compensation to the provider of the material, it will be deemed as royalty-free.
If you the consumer choose to send Boho Stones any submission sent via email, online by post (mail), or by any other means, you the consumer agree that at any time we can, with nil restriction, edit, reproduce, re-issue, distribute, translate and otherwise use in any medium any comments forwarded to us. Boho Stones will bear no responsibility to maintain any comments made to us in confidence, nor will we be required to respond by any means, nor will we liable to pay any remuneration to the consumer.
COMPETITION AND CONSUMER ACT
Our goods and services come with guarantees that cannot be excluded, modified or restricted under the Australian Consumer Law and are in addition to any manufacturer or supplier warranty. For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), www.bohostones.com.au’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.
SEVERABILITY
Should any provision within these Terms and Conditions be determined to be unlawful, void or unenforceable, that such provision shall nevertheless be enforceable to the maximum extent permitted by applicable law. The unenforceable provision will be deemed to be severed from these Terms and Conditions, and as such this determination shall not affect the validity and enforceability of any other remaining provisions contained within.
PRODUCTS AND/ OR SERVICES
There are certain products and/ or services that may be available exclusively online through our website. These products and/ or services may be limited in number and are subject to return or exchange only according to our Shipping, Delivery and Returns Policy. Boho Stones has endeavoured to accurately display the images and colours of each of our products that appear on our online store. However, we cannot assure the accuracy of your computer monitor’s display and the accuracy of any colour displayed. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us and we reserve the right to terminate any product at any time. Boho Stones reserves the right, but are not obligated, to limit the sales of our products and/ or services to any individual, geographic region or jurisdiction. Boho Stones also reserves the right to limit the amounts of any products and/ or services that we offer. Any offer for any product or Service made on this site is void where prohibited. We do not guarantee that the quality of any products and/ or services, information, or other material purchased or attained by you will meet your expectations, or that any errors in the Service will be corrected.
PLACING AN ORDER
By checking out and opting to “process” an order through our site, you are choosing to make a purchase of our goods and/ or services, thus, you authorise us to recover the purchase cost through your credit/ debit card as a payment that is due to us. When you place an order from our website, this is an offer made by you the consumer to engage in a transaction of purchasing the product or service at the stipulated price on the site at the time the order is placed. You also are responsible for any shipping charges and other additional taxes that may apply. If Boho Stones chooses to accept your order, you will receive an email confirming your order. This will include the products and/ or services as well as the price of the transaction in total (shown in AUD), and will be shown clearly in our communication. It is your responsibility to ensure we have your current, accurate and complete details, including a valid email address.
ACCEPTANCE OR REJECTION OF AN ORDER
Boho Stones reserves the right, at our discretion, to accept or decline any orders made by the consumer be it an individual or company. We also reserve the right, at our discretion, to decline an order due to an error in pricing, availability of the product or if there is an error in the description of the product. This also includes if the requested product is not available. Any order that you make that is accepted by us will create a binding contract between you and Boho Stones that requires to supply those products, providing all terms and conditions of our site have been met. If we choose to decline or cancel an order for which we have taken payment, we will refund payment to the consumer but will not be responsible for any further liabilities.
RISK AND TITLE
Upon the date and time you receive delivery of our products and/ or services to your nominated delivery address, the risk passes to you. The title to the products and/ or services is passed to you at the time and date of payment for the products, as well as the delivery of those products to your nominated delivery address. Boho Stones will not be held responsible for any loss, damage or liability that is a result of the selected delivery company/ option. It is your responsibility to ensure you are aware of, and understand our Shipping, Delivery and Returns Policy.
DELIVERY OF GOODS
Our Shipping, Delivery and Returns Policy forms part of these Terms and Conditions and we deliver our products in accordance with this policy. Physical goods may be delivered by Australia Post and/or other reputable courier companies. Deliveries are processed promptly upon receipt of full payment. Delivery may take between 2 and 14 days, depending on the delivery option. Damaged or lost orders should be resolved with Australia Post or the courier company directly and we are not responsible for goods that are damaged in transit or not received. Replacement of damaged or lost items is made at the discretion of Boho Stones. Digital goods are delivered immediately. Please be aware there are inherent risks associated with downloading any software and digital goods. Should you have any technical problems downloading any of our goods, please contact us so we may try to assist you. The Shipping, Delivery and Returns Policy can be viewed on the Website. By accepting these Terms and Conditions, you acknowledge and agree to the Terms of our Shipping, Delivery & Returns Policy
REPLACEMENTS AND EXCHANGES
Boho Stones handles replacements and exchanges in accordance with the Australian Consumer Protection legislation. Should you wish to return your order, please notify us within 48hrs of delivery of purchase with a valid reason for the return. Exchanges and store credits are not issued on a change of mind basis. Items are accepted for store credit or exchange if returned in saleable condition. This means they show no signs of damage or use, and all jewellery packaging needs to be returned with the item/s, within 30 days of delivery, accompanied by a sales receipt. Boho Stones does not offer free shipping on exchanges. If we are unable to resolve your complaint or further assist you, we will process a replacement item or store credit upon timely receipt of the goods purchased. All returns and replacements are made at the discretion of Boho Stones and returns that arrive back to us damaged from improper customer packaging will not be accepted. We do not offer refunds, so please decide wisely if what you’re purchasing is suitable. Please note that Earrings cannot be exchanged due to hygiene reasons.
WARRANTY
All of our jewellery comes with a 45 day warranty from the date of purchase, please be advised that this includes shipping time. If you think your item is faulty (proof will be required), for example, a clasp or chain breaks as a direct result of a manufacturing fault, you will be issued an exchange once the initial item has been sent back. Shipping costs and the re-issue of your replacement item will be paid by us and sent within 48hrs if the item is in stock. If the item is not in stock you may be issued a store credit, however we will communicate all options to you via email. Please contact us ASAP within this time frame to discuss. Faults that are not a result of the manufacturing process i.e. loss, tarnishing, changes in appearance, and damage/ breaks due to wear, will not be covered by Boho Stones.
ORDER CANCELLATIONS
You may choose to cancel your order with us, which is acceptable. However, we do not offer refunds so please ensure that you decide wisely when purchasing from us. In the event this occurs, we will happily issue you with a store credit that can be redeemed at your own discretion. Store credits cannot be used during sale times. However, once the order is shipped for delivery you are unable to cancel the order. We reserve the right to cancel your order if you provide an unauthorised credit card, we are unable to process payment on the credit card provided, you provide invalid personal details, if, when required by us, you cannot provide acceptable proof of identity, the product has become unavailable, or if, for any reason, we don’t reasonably believe we can successfully complete delivery. We will attempt to notify you before cancelling your order.
CHANGES TO THE SERVICE AND/ OR PRICING
Boho Stones reserves the right to change any product or service pricing contained within our website without notice to the consumer. We also reserve the right to modify or terminate any product and/ or service without notice to the consumer. Boho Stones accepts no liability to you, the consumer, or to any third-party for any change of price, modification or termination of the product or service.
PRICING
All prices contained on our Website are displayed in Australian dollars (AUD). Boho Stones reserves the right to change any product or service pricing contained within our website without notice to the consumer. All prices displayed on our Website are valid at the time displayed and at the time an order is placed and accepted by us. The product prices contained on our website are exclusive of postage rates, postage rates are able to be nominated at checkout which is an addition to the product total price. A summary of postage charges can be found in our Shipping, Delivery & Returns Policy, which can be found on this website.
PAYMENT AND SECURITY
It is a requirement of the use of our website and upon purchasing goods and/ or services, you are responsible to pay the fees and charges by utilising the website payment methods available. If Boho Stones is unable to effectively process your payment via your designated payment option, we may notify you of our intent to cancel your order even if the order has been accepted by us. You, the customer authorises Boho Stones to charge the amount that is payable to us, for an accepted order via your designated payment option. This includes any fees and charges included. You are not permitted to pay, or attempt to pay for our products and/ or services through any fraudulent or unlawful means. We will provide you with an emailed receipt at the time payment has been accepted, this will specify the total fees and charges for the products and/ or services, as well as any out of stock products including the dollar value refunded to your payment option at the time of purchase.
LINKS TO OTHER WEBSITES
Our website may contain products, services, content and links to other websites that are owned and operated by third parties, these links are meant for your convenience only. If you choose to access and use third party links, services or products, you do so solely at your own risk. Links to third party websites do not constitute sponsorship or endorsement or approval between www.bohostones.com.au and the owners of those websites. Boho Stones is not affiliated with any third party and accept no responsibility or liability for the privacy practices, actions of or content of such other third party websites. We take no responsibility or liability in relation to those websites and the products and/ or services they contain. We encourage our users to be aware, when they leave our website as it is your responsibility to ensure you carefully review any third-party policy that collects personally identifiable information as well as their operating practices to ensure you have all relevant information before engaging in any transaction as a customer. This privacy policy applies solely to information collected by this website. Should you have any comments, grievances, claims, or queries in regards to any third-party vendors, these notifications must be directed to the third-party.
PROMOTIONS AND VOUCHERS
Boho Stones will occasionally implement the use of vouchers, these vouchers are for promotional purposes only and will be valid online unless indicated otherwise. It is at the discretion of Boho Stones should a non-promotional voucher be issued to a consumer. The terms and conditions of these vouchers will vary and will be stipulated for the consumer to read. These vouchers are in Australian Dollars (AUD) and consumers will not be permitted to redeem such vouchers for any cash amount. Vouchers issued are to be a one-off offer only. Vouchers are not to be used in conjunction with any other offers or promotions.
DISCLAIMER
To the fullest extent permitted by law, www.bohostones.com.au absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. www.bohostones.com.au gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.
Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.
It is your sole responsibility and not the responsibility of www.bohostones.com.au to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.
YOUR PRIVACY
At www.bohostones.com.au, we are committed to protecting your privacy. We use the information we collect about you to maximise the services that we provide to you. We respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles. Please read our separate Privacy Policy carefully.
You may change your details at any time by advising us in writing via email. All information we receive from our customers is protected by our secure servers. www.bohostones.com.au’s secure server software encrypts all customer information before it is sent to us. Furthermore, all customer data collected is secured against unauthorised use or access. Credit card information is not stored by us on our servers.
Our privacy policy is available on our website and forms part of these Terms and Conditions. By accepting these Terms and Conditions, you acknowledge and agree to the Terms of our privacy policy.
THIRD PARTIES
We do not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and assist in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and services but not for any other use.
DISCLOSURE OF INFORMATION
www.bohostones.com.au may be required, in certain circumstances, to disclose information in good faith and where www.bohostones.com.au is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.
EXCLUSION OF COMPETITORS
If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of www.bohostones.com.au. www.bohostones.com.au expressly excludes and does not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then www.bohostones.com.au will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. www.bohostones.com.au reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.
COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE
This website contains material which is owned by or licensed to us. You acknowledge that any such materials are owned by or licensed to Boho Stones; This material includes, but is not limited to, the design, layout, look, appearance, text, trademarks, graphics as well as the content and material contained within our website. You are not permitted to reproduce, modify, adapt, copy, sell or distribute the documents, information, services or materials on the website for the purposes of sale or the use by any third party in any way. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.
www.bohostones.com.au expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms. Unauthorised use of this website may result in a claim for damages and/or be a criminal offence.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only i.e. for the purpose of purchasing or viewing our content and materials; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
You may not, except with our written permission, distribute or commercially exploit the content. Nor may you forward it on or store it in any other website or other form of electronic retrieval system.
WHOLE AGREEMENT
These terms and conditions represent the whole agreement between you and www.bohostones.com.au concerning your use and access to www.bohostones.com.au’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
EXCLUSION OF UNENFORCEABLE TERMS
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
JURISDICTION
This agreement and this website are subject to the laws of Victoria and Australia. If there is a dispute between you and www.bohostones.com.au that results in litigation then you must submit to the jurisdiction of the courts of Victoria.
If you have any questions about the Terms and Conditions, inquiries should be emailed to admin@bohostones.com.