Terms & Conditions
This agreement lays out the terms and conditions between the retailer (you) and distributor (Heart & Grace).
1.0. Customer Service Contact Details
- Suite 406, Edgecliff Centre, 233 New South Head Road, Edgecliff NSW 2027, Australia.
- 0422 863 906
- Heart and Grace Pty LTD ABN: 25600426515
2.0. Orders & payments
- Prices on our website are shown as AUD $ (Australian dollars) and include GST (Goods & Services Tax).
- All items are charged in Australian Dollar. Currency conversions on the website are indicative only. The final exchange rate will be provided by your credit card company.
- GST is automatically removed from orders delivered to an address outside Australia.
- Goods ordered will be delivered to the Account address provided by you as a retail customer.
- We accept payment by MasterCard, Visa , and PayPal.
- Your credit card details will be safely and securely handled by SecurePay, a division of Australia Post.
- SecurePay is a secure payment gateway service approved by all major credit cards and Australian banks.
- SecurePay is used by hundreds of websites for secure and safe transactions.
- To protect your privacy & security Heart & Grace cannot see or store your full credit card number when payment is processed by SecurePay through our website or at any point in the transaction.
- We reserve the right to request validation of the purchaser, the method of payment used, the delivery address and any other aspect of the order before shipment to the purchaser.
- All orders are subject to availability of stock.
- We reserve the right to cancel any order and will promptly refund any money paid using the original payment method.
2.1. Faulty or damaged items
- Before your order leaves, it is fully checked by our packing team. If you receive an item which is damaged or with a manufacturing fault please contact us immediately.
2.2. Return method
- It is your responsibility to ensure returned items are packed well and are protected from damage in transit.
- We suggest you use a return method that enables you to track the parcel as we do not accept responsibility for goods lost in transit.
- The General Warranty Under Australian Consumer Law (as shown below under Product Warranties) states 'The consumer will bear the expense of claiming the warranty.' This includes the cost of returning the goods to us.
2.3. Product warranties
- Heart & Grace provides a 24 month warranty for all CLUSE watches and jewellery from the date of purchase against manufacturing defects. The guarantee does not cover batteries, leather straps, bracelets, crystals or cases or any damages to the watch caused by accidents, misuse, neglect, careless handling or unauthorized tampering as well as normal wear and tear or aging.
- All CLUSE Watches sold and distributed by Heart & Grace are guaranteed to be genuine, brand new, in original condition and are delivered with complete brand packaging, instruction manuals and serial numbers (if applicable).
- We are Authorised Distributors of CLUSE and our stock is sourced directly from the Brand Owner.
- All CLUSE watches purchased from Heart & Grace are issued with an official warranty provided by the manufacturer of the watch brand. Warranty conditions do not affect your rights under Australian consumer law. Any guarantee becomes null and void if the watch is opened, taken apart or is serviced by unauthorized persons.
- All products supplied by us are covered by warranty as prescribed by Australian consumer law. However we do not cover negligent damage or wear and tear over time.
- In the unlikely event that you experience a problem with your purchase after receiving it please contact email@example.com so that your issue can be assessed and addressed.
2.4. General warranty under Australian consumer law
- The benefits to the consumer given by the warranty are in addition to other rights and remedies of the consumer under a law in relation to the goods or services to which the warranty relates. 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 for 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. The retailer will bear any expense that may arise from making a warranty claim.
3.0. Conditions for Vouchers, Promotions, & Special Offers
- Heart & Grace Promotional Vouchers
- From time to time we may release and send to you by email Heart & Grace promotional vouchers that may be used as payment for products online at www.heartandgrace.com.au.
- Heart & Grace promotional vouchers can only be redeemed online at www.heartandgrace.com.au.
- Heart & Grace promotional vouchers are not valid in Heart & Grace Collection retail stores.
- Heart & Grace promotional vouchers are valid for the specified period stated on them, can only be redeemed once and cannot be used in conjunction with other Heart & Grace promotional vouchers.
- Individual items may be excluded from Heart & Grace voucher promotions.
- The value of a Heart & Grace promotional voucher cannot be used to pay for products from third parties.
- The value of a Heart & Grace promotional voucher cannot be used to pay for shipping costs.
- The value of a Heart & Grace promotional voucher cannot be used in conjunction with other offers or discounts.
- If you place an order for a product less than the value of the Heart & Grace promotional voucher, no refund or residual credit will be returned to you.
- The value of a Heart & Grace promotional voucher does not accrue interest nor does it have a cash value.
- If the value of a Heart & Grace promotional voucher is insufficient for the order you wish to make, you may make up the difference through payment.
- In the event of fraud, an attempt at deception or in the event of the suspicion of other illegal activities in connection with redemption of that promotional voucher on www.heartandgrace.com.au, we are entitled to close your Account and/or require a different means of payment.
- We assume no liability for the loss, theft or illegibility of Heart & Grace promotional vouchers.
4.0. Customer feedback
- Customer service is of utmost importance to us. If you have any feedback, complaints or queries please contact us. We will respond to your enquiry promptly.
5.0. Conditions of use
- www.Heart & Grace.com.au is the official website of Heart & Grace.
- The website is copyright in its entirety. The use of and the placing of orders on this website are subject to our terms, conditions and policies. By continuing to use this website and/or purchasing products through this website you are agreeing to the Terms and Conditions contained in the website.
- Your use of this website is governed in all respects by the laws of the State of New South Wales, Australia. By accessing this site you agree to submit to the exclusive jurisdiction of the courts of New South Wales in relation to any dispute or any matter in any way related to, or connected with, this agreement or any transaction contemplated by this agreement and legal proceeding directly or indirectly arising out or relating to this site, including but not limited to the purchase of products from Heart & Grace.
- These Terms and Conditions are subject to change from time to time, such changes to be effective upon posting on this website. Your continued use of the website after any such changes will indicate your acceptance of such changes. Transactions commenced prior to a change will be effected in accordance with the terms in place at the time of the commencement of the transaction.
- Heart & Grace will not be liable by reason of the failure in the performance of obligations under these terms and conditions by reason of strikes, riots, fire, explosions, acts of God, war, governmental action, or any other cause which is beyond Heart & Grace’s reasonable control.
- This agreement is not subject to any terms or conditions proposed by you unless those terms or conditions are expressly accepted by Heart & Grace in writing.
- Failure of either party to enforce any right it has under these terms will not be construed as a waiver of those rights, nor a limitation upon the party’s ability to subsequently exercise those rights.
- If any provision of the agreement is held to be void, invalid or unenforceable, then the provision is severed to the minimum extent required, and other provisions of the agreement will remain in full force and effect.
- There may be times when the website is unavailable. This may occur when we are upgrading the site to improve customer service or product range or could be unscheduled and due to issues beyond our control. Heart & Grace will endeavour to minimise the inconvenience of downtime to the best of our ability. Heart & Grace will not be held liable for the consequences of any down-time.
- Unless otherwise noted, all materials on this website are protected as is the copyright, trademarks and/or other intellectual properties owned by Heart & Grace or by other parties that have licensed their material to Heart & Grace. All rights not expressly granted are reserved.
- Reproduction of part or all of the contents in any form of the website is prohibited other than for individual private non-commercial use only and may not be recopied and shared with a third party. The permission to copy by an individual does not allow for incorporation of material or any part of it in any work or publication, whether in hard copy, electronic or any other form.
- This website may contain materials produced by third parties or links to other websites. Such materials and websites are provided by third parties and are not under Heart & Grace’s direct control. Heart & Grace accepts no responsibility or liability in respect of any such third party materials or for the operation or content of other websites.
- You acknowledge that Heart & Grace is entitled to require you to remove any link from another website to this website which you install without obtaining Heart & Grace’s prior written consent.
- To the fullest extent permitted by law, Heart & Grace’s liability for breach of any implied warranty, representation, condition or undertaking including without limitation in respect to any sale, supply or use of Heart & Grace products or use of this website or security breach which cannot be excluded is limited, at the option of Heart & Grace, to:
- in the case of services; the supply of the services again or the payment of the cost of having services supplied again; and
- in the case of goods; the replacement of the goods or the supply of equivalent goods, the repair of such goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired
- in respect to any other loss or damage; any claim for consequential loss, expenses, income or profits is excluded.
- Heart & Grace’s exclusion of liability applies whether the claim is in contract, tort (excluding without limitation, negligence) or equity and even if Heart & Grace has been notified of the possibility of such loss or damage. You agree that Heart & Grace’s liability, if any, to you at law will be reduced by the extent, if any, to which you contributed to the loss.
- You acknowledge that products purchased from Heart & Grace can require special maintenance. Heart & Grace will not be liable for any damage caused by any failure by you to maintain the products properly.
- Please note that the Competition and Consumer Act 2010 and similar State and Territory legislation in Australia may confer rights and remedies on you which cannot be excluded, restricted or modified (“Non-excludable Rights”). Notwithstanding any other term in this Agreement, Heart & Grace does not exclude any Non-excludable Rights but does exclude all other conditions and warranties, whether implied by custom, law or statute.
- Heart & Grace reserves the right to terminate this agreement at any time. Heart & Grace shall not be liable to you for any cost, expense, or damages whatsoever for terminating this agreement.
6.0. 30 Day Money Back Guarantee
All returns must be initiated within 30 days of receipt.
All returns must be received by us in the original unworn condition in which they were sent and must include all packaging, tags, warranties, leaflets, free gifts etc originally supplied by us.
SALE or discounted items are not available for full refund but can be happily exchanged or credited.
We do not offer exchange, credit or refund on customised and/or special order goods.
Refunds will be made in the same method as the purchase payment.
Returns that are incomplete, damaged, worn or returned without their original packaging, tags, warranties, leaflets, free gifts etc originally supplied by us may not be accepted and may be sent back to the stockist at the stockist's expense.