Terms of Service
Terms of Service
Welcome to AUMIA and thank you for visiting our website! Please take some time to read through the terms and conditions (the "T&Cs") as they govern the use of our website www.thehexad.com (the "Site"). By using our Site, users agree to and fully accept the T&Cs. AUMIA reserves the right to modify these T&Cs at any time without prior notification. Site users should review this page periodically for updates and must agree upon and abide by any changes accordingly.
WHO WE ARE
We are AUMIA ("we", "us", "AUMIA"), an accessories label based in Australia.
ACCESSING AND USING THE SITE
As a condition of your access to and/or use of the Site, you warrant that all information supplied by you on the Site is accurate, current and complete; you are 18 years of age or older in order to access and/or use the Site; and you will not copy or distribute any part of the Site in any medium without AUMIA's prior written authorisation. You shall be solely responsible for your access to and/or use of the Site and its materials herein. Where you create a user account and password, you must treat such information as confidential, and you must not disclose it to any third party. We reserve the right to disable any user account at any time, if in our opinion you have failed to comply with any of the provisions of these T&Cs.
You agree and undertake not to use the Site for illegal purposes or other than in conformance with the acceptable use policies of any connected computer networks, any applicable Internet standards and any other applicable laws; impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity; attempt to gain unauthorised access to or otherwise interfere or disrupt other computer systems or networks connected to the Site, interfere with another’s utilisation and enjoyment of the Site, or use or upload, in any way, any software or material that contains, or which you have reason to suspect that contains, viruses, damaging components, malicious code or harmful components which may impair or corrupt the Site's data or damage or interfere with the operation of another customer’s computer or mobile device or the Site; and post, promote or transmit through the Site any information, graphics, photographs, data and/or any other material that contains any computer virus or other invasive or damaging code, program or macro; infringes any third-party intellectual property or any other proprietary rights; is defamatory, libellous or threatening; is obscene, pornographic, indecent, counterfeited, fraudulent, stolen, harmful or otherwise illegal under any applicable law; and/or is or may be construed as offensive and/or otherwise objectionable, in our sole opinion.
WARRANTIES AND LIABILITY
The Site, its services and all information provided herein are provided on an “as is” and “as available” basis without warranties of any kind, either expressed or implied, other than those imposed by law, including but not limited to warranties of title or implied warranties of merchantability, satisfactory quality, fitness for a particular purpose or non-infringement. Without limiting the generality of the foregoing, we expressly disclaim any warranty, condition, guarantee, term or representation (i) as to the reliability, accuracy, completeness, and validity of any content or material on the Site; (ii) that the functions contained on the Site will be secure, uninterrupted or error-free; and (iii) that any defects will be corrected. Any and all such warranties, conditions, terms and representations are specifically excluded. We assume no responsibility for errors or omissions in the materials on the Site, including factual or other inaccuracies or typographical errors. You expressly agree that your use and/or access of the Site is at your sole risk. Without prejudice to the generality of the foregoing, we expressly disclaim any and all liability arising from life or wear of any product or that it will be suitable for any particular purpose or use under any specific conditions, notwithstanding that such purpose or conditions may be known or made known to AUMIA; improper remedy of defective products, alteration of the products, unsuitable or improper use, wilful damage, negligence, or other misuse of the products, as well as fair wear and tear, by you or any third party; third party claims, whether directly or indirectly caused by, or relating to, the content of our Site and the products purchased on or through our Site; and any warranties provided under these T&Cs if the total price for the product has not been paid in cleared funds by the due date for payment. You further acknowledge and agree that your access and use of the Site is dependent on third party service providers such as internet, network, connectivity or other link providers. Your payment for any product purchased from the Site is processed by third party payment system providers and AUMIA does not retain or process any such payment information. AUMIA cannot guarantee the security of such third party payment system(s) or any payment data on the Site, AUMIA is not responsible for any acts or omissions of any third parties and disclaims any and all liability in connection with the acts, omissions or defaults of such third parties. Without prejudice to the generality of the foregoing, AUMIA is not responsible for the results of any credit inquiry, the availability or performance of the Internet, your connection to the Internet or the actions or inaction of any other person or entity, including any internet service provider. By using the Site, you expressly relieve AUMIA from any and all liability in connection with the acts, omissions or defaults of such third parties. To the extent that any exclusion of liability under these T&Cs is not permitted by law, the aggregate cumulative liability of AUMIA and our affiliates under any order shall in any event not exceed the sum that you have paid to us for the sale of products under that order.
LINKS TO THIRD PARTY SITES
The Site may contain links to third party websites that are not affiliated with or owned, operated, or controlled by AUMIA including third party payment system providers. You acknowledge and agree that AUMIA is not responsible for the content, privacy policies, or practices of such third party websites or the companies that own them. By using the Site, you expressly relieve AUMIA from any and all liability arising from your access and use of any third party websites. We encourage you to review the terms and conditions and privacy policies of any third party websites before using them and disclosing your personal data to them.
INTELLECTUAL PROPERTY RIGHTS
AUMIA is the owner or the licensee of all intellectual property rights in and to the content on the Site, and in the material published on it. You may not copy, reproduce, modify, republish, upload, post, transmit, adapt, download, distribute or howsoever deal with any content or material from the Site in any form or by any means without AUMIA's prior written permission, and you are solely responsible for obtaining such permission before dealing with any content or material that is available on the Site.
You agree to indemnify us and hold us and our partners, affiliates, subsidiaries, advertising agencies, agents and their employees, officers, directors, and representatives harmless from any claims, losses, and damages, including reasonable attorneys’ fees, arising out of your access of, use of and/or participation in this Site, including (i) any claims of infringement of a third party’s rights; (ii) damage to tangible property, bodily injury, or death; (iii) negligence or wilful misconduct caused or attributable to you or any of your agents, and (iv) breaches of your obligations under these T&Cs.
TERMINATION OF USE OF SITE
We will determine in our sole discretion whether there has been a breach of these T&Cs through your use and/or access of the Site. When a breach of these T&Cs occurs, we may take such action as we deem appropriate, including immediate, temporary or permanent withdrawal of your right to use and/or access the Site; issuing a warning to you; commencing legal proceedings against you for loss resulting from your breach; and disclosure to law enforcement authorities of such information as we reasonably deem necessary. We exclude liability for any actions taken in response to breaches of these T&Cs. The responses described above are not exhaustive, and we may take any other action we reasonably deem appropriate.
ORDERS & PAYMENTS
You may place an order with us by completing and submitting the order form on the Site. You shall be responsible for ensuring the accuracy of all orders. All orders will be deemed to be irrevocable and unconditional upon transmission through the Site, and we shall be entitled, but not obliged, to process such order(s) without your further consent and any further reference or notice to you. We reserve the right to accept or decline any and all orders received from or through the Site in our sole and absolute discretion. Our acceptance of your order will take place when a confirmation email together with an assigned order number is sent to your registered email address with us, at which point a contract will come into existence between you and us. Each fully-paid order accepted by us shall constitute a separate and individual contract governed by these T&Cs. If we are unable to process your order, we will inform you of this. This might arise because the product is out of stock; because of unexpected limits on our resources for which we could not reasonably plan; because a credit reference we have obtained for you does not meet our minimum requirements; because we have identified an error in the price or description of the product; or because we are unable to meet a delivery deadline you have specified. The price payable by you for the product shall be the price of the product listed for sale as stated on the Site at the time your order is transmitted to us through the Site. All payments will be processed in Australian Dollar (AUD). We reserve the right to amend the price of any product at any time without giving any reason or prior notice. Please complete payment within forty eight hours from the time your order was placed. All unpaid orders after this payment time-frame will be cancelled automatically. In the event that any Product has been mis-priced on the Site, we reserve the right to terminate the order and notify you of such termination, regardless of whether or not the products have been dispatched or are in transit and whether payment has been charged to you.
We do our best to be as accurate as reasonably possible in our descriptions of products available for purchase through the Site. However, our products may vary slightly from their pictures. The images of the products on our Site are for illustrative purposes only. Colours may appear slightly different in reality due to studio lighting conditions, or variances in computer screen calibration. We do not warrant that product descriptions or other content on the Site are accurate, complete, reliable, current, or error-free. Our jewellery is classed as costume jewellery, which means they will experience oxidation and tarnish due to several factors such as coming into contact with moisture, air and chemicals. Oxidation of our jewellery is inevitable over time and this is a natural occurring process that cannot be considered as a fault in our jewellery. Please take the time to read our care instructions to ensure your jewellery last longer.
RETURNS, EXCHANGES AND REFUNDS
All sales are final. However, in the unlikely event that you receive a defective item or an item that does not match your order, an exchange or refund will be offered. Return shipping fees will be refunded for items acknowledged to be defective or incorrect. Before returning your items, kindly email us at email@example.com with your order number, a photo of the received item and the reason for return. Please allow 1-3 working days for us to process your request. Upon receiving an acknowledgement email from us with instructions for the return, the item(s) should be sent back to us using a shipping method that allows tracking.
Returns must be unused, unaltered, undamaged, accompanied with their original packaging and reach us within 30 days from the date of receiving your parcel. Returns that are received in unsatisfactory conditions or lost in the mailing process will be denied and held responsible by the customer. If you return an item that does not meet the requirements set out above, AUMIA reserves the right to reject the return and any request for a refund.
In the case of missing or lost parcels, refunds will only be processed upon official confirmation from the shipping company.
The cost of shipping and the estimated delivery time of your order will be displayed to you on our Site at the point of checkout. In the case of any delay in processing your order, we will notify you accordingly and the items will be dispatched once available. The time for delivery shall not be of the essence, and neither we nor our agents shall be liable for any delay in delivery howsoever caused. We are not responsible for unanticipated delays due to bad weather conditions or customs clearance procedures. Any customs duties or taxes that may incur as deemed by your country's legal regulations shall be borne by the customer.
In the event of a bounced parcel or unsuccessful delivery due to reasons not caused by us, we may, without prejudice to any other right or remedy available to us, charge you for storage costs and any further delivery costs, or terminate your order if you repeatedly fail to take delivery of the product.
RESPONSIBILITY FOR THE PRODUCT
The product will be your responsibility from the time we deliver the product to the address you specified. You own the Product which is the subject of your order once we have received payment in full for your order.
TERMINATION OF ORDER
We may terminate your order at any time by writing to you if:
You do not make payment to us when it is due;
You do not, within a reasonable time of us asking for it, provide us with information necessary for us to ship the product to you (e.g. delivery address);
You do not, within a reasonable time, allow us to deliver the product to you.
If we terminate your order in the situations set out above, we will refund any money you have paid in advance for products we have not provided, but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
Neither these T&Cs nor your use and/or access of the Site creates any joint venture, agency, partnership, or employment relationship between you and AUMIA.
You may not assign these T&Cs or any rights or obligations under these T&Cs to any party.
WAIVER AND SEVERABILITY
The failure of AUMIA to enforce any right or provision of these T&Cs shall not be deemed a waiver of such right or provision. In the event that any provision of these T&Cs is held to be invalid, illegal or unenforceable, the remaining provisions of these T&Cs shall remain in full force and effect.
THIRD PARTY RIGHTS
A person who is not a party to this agreement shall have no right to enforce or to enjoy the benefit of any term of this agreement.
These T&Cs and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Australia. Any claim or dispute arising out of or relating to these T&Cs and/or your access to and/or use of the Site which cannot be resolved through negotiation will be subject to the non-exclusive jurisdiction of the courts of Australia.