Legal Terms and Conditions - MIDNIGHT SUN JEWELLERY

Last Updated: February 2025

Introduction
Welcome to MIDNIGHT SUN JEWELLERY. These Terms and Conditions govern your use of our website, located at www.midnightsunjewellery.com, and all purchases made through our online store. By accessing or using our website, you agree to these terms in full. If you disagree with any part of these terms, please do not use our website or make a purchase. The language of the Terms and Conditions is English.

General Information
MIDNIGHT SUN JEWELLERY is a sole trader business registered in Bondi Beach, New South Wales, Australia. We offer handcrafted jewellery including necklaces, bracelets, and anklets. All orders are processed through our secure online store hosted on Shopify. Our ABN (Australian Business Number) is 62 103 995 797.

Acceptance of Terms
By accessing or using our website, you agree to be bound by these Terms and Conditions, our Privacy Policy, Return Policy, and Shipping Policy.

If you do not agree with these terms, please refrain from using our website or placing an order.

Products and Pricing

  • Product Availability: All products listed on our website are subject to availability. We make every effort to keep our inventory accurate, but sometimes stock may run out, or product details may change. If an item is out of stock after you’ve placed an order, we will notify you and offer alternatives, a refund, or the opportunity to backorder.
  • Pricing: All prices are listed in Australian Dollars (AUD) and include Goods and Services Tax (GST), where applicable. Prices do not include shipping charges, which will be calculated at checkout. We may, at our discretion, change the prices and delivery costs shown on the website.
  • Errors in Pricing or Product Descriptions: We take great care in providing accurate product descriptions and pricing, but errors may occur. If we discover a pricing or product error after your order is placed, we will inform you and give you the option to accept the corrected pricing or cancel your order for a full refund.

Ordering and Payment
When you place an order on our website, you are making an offer to purchase the product(s) in your shopping cart. Your order is not confirmed until you receive a confirmation email from us, at which point a contract is formed.

  • Payment Methods: We process payments through Shopify’s Secure Payments Gateway, which uses encryption technology to ensure your payment details are protected. You can pay using major credit cards, debit cards, or other payment methods supported by Shopify, such as PayPal.
  • Payment Security: All payments are processed through Shopify’s secure checkout process, which uses SSL encryption to protect your payment and personal details. We do not store your credit card information.

Shipping and Delivery
Please refer to our Shipping Policy for detailed information. All orders are shipped with Australia Post.

  • Domestic Shipping: Orders are processed within 2-3 business days of receipt. Standard Shipping typically takes between 2-7 business days within Australia, while Express Shipping takes 2-4 business days for metropolitan areas.
  • International Shipping: International orders are shipped via Australia Post or a reliable courier service. Delivery times vary by destination, typically ranging from 5-20 business days. Shipping costs will be calculated at checkout based on the delivery address and the shipping method selected. Shipping costs are non-refundable.
  • Customs, Duties and Taxes: International customers are responsible for any additional customs duties, taxes, or import fees that may apply to their order. These fees are not included in the purchase price or shipping cost.
  • Lost or Damaged items: If an item is lost or damaged during delivery, contact the Delivery Service Provider directly or email us at contact@midnightsunjewellery.com within 7 days of receiving your order.

Return, Refund and Replacement
Please refer to our Return Policy for detailed information.

  • Returns: We only accept returns in Australia at the moment, for most items within 30 days of the delivery date. To be eligible for a return, the product must be in its original, unused condition with all tags and packaging intact. Gift cards are non-returnable/refundable.
  • Replacements: We offer replacements for defective or damaged items. Contact us within 7 days of receiving your order if you believe the product is faulty. We will arrange a replacement at no additional cost once the item has been received and its condition verified.
  • Exchanges: We do not offer exchanges. If you want to exchange an item, return the unused, unworn, and undamaged item for a refund and place a new order.
  • Refunds: If your return is approved, your refund will be processed to the original payment method. Please allow 5-7 business days for the refund to be reflected in your account. Shipping costs and customs duties and taxes are non-refundable unless the return is due to a defective or damaged item.

Limitation of Liability
While we take every precaution to ensure the accuracy of the information provided on our website, MIDNIGHT SUN JEWELLERY is not responsible for any loss, injury, or damage that may arise from using our website or products. This includes, but is not limited to, damage to your device, loss of data, or any indirect, incidental, or consequential damages.

Rights under Australian Consumer Law
Our products come with guarantees that cannot be excluded under 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. Additionally, you are entitled to have the products repaired or replaced if they fail to meet acceptable quality standards and the failure does not constitute a major failure.

For more information on your consumer rights, please visit ACCC.

Governing Laws
These Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding, or claim arising out of or in any way relating to these Terms shall be governed, interpreted, and construed by, under, and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles.

Intellectual Property
All content on our website, including but not limited to the MIDNIGHT SUN JEWELLERY name, product images, text, and logos, is the intellectual property of MIDNIGHT SUN JEWELLERY and is protected by copyright, trademark, and other intellectual property laws.

Unauthorised use, reproduction, or distribution of our brand name, logo, or other protected content is strictly prohibited and may result in legal action.

Privacy Policy
We respect your privacy. Please refer to our Privacy Policy for detailed information on how we collect, use, and protect your personal data.

Changes to Terms and Conditions
We may update these Terms and Conditions at any time. Any changes will be reflected on this page, and the date of the last update will be indicated at the top.

Continued use of our website after changes are posted constitutes your acceptance of the new terms.