Terms of service

Overview

This website is operated by Each One. Throughout the site, the terms “we”, “us” and “our” refer to Each One.

By accessing our website, browsing our store, placing an order, or purchasing from us, you agree to be bound by these Terms of Service, together with any policies referenced on our website, including our Privacy Policy, Shipping Policy and Returns Policy.

Please read these Terms carefully before using our website. If you do not agree to these Terms, you should not access or use our website or purchase from us.

We may update, change or replace any part of these Terms from time to time by publishing the updated version on our website. The current version will apply from the date it is posted.

Online Store Terms

By using this website, you confirm that you are at least 18 years old, or that you are using the website with the consent and supervision of a parent or guardian.

You must not use our website, products or services for any unlawful or unauthorised purpose. You must not transmit viruses, malicious code, or anything that may interfere with the security, functionality or operation of our website.

We reserve the right to refuse service, cancel orders, or restrict access to our website where we reasonably believe there has been a breach of these Terms, fraudulent activity, misuse of our website, or unlawful conduct.

Products

Each One creates handmade gemstone jewellery. Due to the natural qualities of gemstones and the handmade nature of each piece, slight variations in colour, shape, size, patterning and finish may occur.

We make every effort to display our products as accurately as possible. However, colours may vary slightly depending on your screen, device settings or lighting.

Product descriptions, availability and pricing may be updated from time to time without notice. We reserve the right to discontinue any product at any time.

Pricing

All prices are listed in Australian dollars AUD.

We make every effort to ensure our pricing is accurate and clearly displayed. However, if an error appears on our website, including a pricing, promotion, shipping or product availability error, we reserve the right to correct the error and, where necessary, cancel or amend an affected order.

If an order is cancelled after payment has been taken, we will refund the amount paid using the original payment method.

Orders and Payment

When you place an order with Each One, you agree to provide current, complete and accurate billing, shipping and contact information.

We may contact you using the email address or phone number provided at checkout if there is an issue with your order.

We reserve the right to refuse, limit or cancel an order where we reasonably believe the order is fraudulent, inaccurate, placed by a reseller, or otherwise in breach of these Terms.

Payment information is processed securely by our third-party payment providers. Each One does not store full credit card details on its own systems.

Shipping

Shipping options, rates and estimated delivery times are set out in our Shipping Policy.

Delivery timeframes are estimates only and may be affected by Australia Post delays, public holidays, weather events or other circumstances outside our control.

Please ensure your shipping details are correct at checkout. We are not responsible for delays, failed delivery or loss caused by incorrect or incomplete shipping information provided by you.

Returns, Exchanges and Consumer Guarantees

Our Returns Policy sets out the terms that apply to returns and exchanges.

Nothing in these Terms excludes, restricts or modifies any rights you may have under the Australian Consumer Law.

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. If an item has a major problem, you may be entitled to a replacement, refund or compensation. If the problem is minor, we may repair, replace or refund the item within a reasonable time, depending on the circumstances.

Sale items, promotional items and free gifts with purchase may not be eligible for return or exchange for change of mind. However, your rights under Australian Consumer Law still apply if an item is faulty, not as described, unsafe, or otherwise fails to meet a consumer guarantee.

Accuracy of Information

We do our best to ensure the information on our website is accurate, complete and current.

Occasionally, there may be errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, shipping charges, delivery times or availability. We reserve the right to correct these errors and update information at any time, including after an order has been placed.

Website Content and Intellectual Property

All content on this website, including text, images, product descriptions, branding, logos, graphics and design elements, is owned by or licensed to Each One unless otherwise stated.

You must not copy, reproduce, distribute, modify, publish, sell or exploit any part of our website or content without our prior written permission.

Third-Party Tools and Links

Our website may include links to third-party websites, apps, tools or services.

We are not responsible for the content, accuracy, privacy practices, policies or conduct of any third-party website or service. Accessing third-party links is at your own discretion and risk.

User Comments, Reviews and Feedback

If you submit reviews, comments, feedback, suggestions, images or other content to us, you grant Each One permission to use, edit, publish, reproduce and share that content for business, marketing or customer service purposes, unless you tell us otherwise.

You agree that any content you submit will not be unlawful, misleading, abusive, defamatory, obscene, or infringe the rights of any third party.

We may remove or edit user-submitted content at our discretion.

Personal Information

Your submission of personal information through our website is governed by our Privacy Policy.

Please refer to our Privacy Policy for information about how we collect, use, store and disclose personal information.

Prohibited Uses

You must not use our website or its content:

for any unlawful purpose;
to breach any applicable law or regulation;
to infringe our intellectual property rights or the rights of others;
to submit false or misleading information;
to upload or transmit viruses, malware or harmful code;
to collect or track the personal information of others;
to spam, phish, scrape, crawl or interfere with the website;
to harass, abuse, defame, discriminate against or harm others; or
to interfere with the security or operation of our website.

We reserve the right to restrict or terminate access to our website if these prohibited uses are breached.

Limitation of Liability

To the maximum extent permitted by law, Each One is not liable for any indirect, incidental, special or consequential loss, including loss of profits, loss of data, loss of revenue or business interruption arising from your use of our website or products.

Nothing in these Terms excludes, restricts or modifies any rights, guarantees or remedies you may have under the Australian Consumer Law or any other applicable law that cannot be excluded.

Where liability cannot be excluded, our liability will be limited to the maximum extent permitted by law.

Indemnity

You agree to indemnify Each One, including its owner, contractors, service providers and suppliers, from any claim, loss, damage, liability or expense arising from your breach of these Terms, misuse of our website, or violation of any law or third-party rights.

Termination

These Terms remain in effect unless terminated by either you or us.

You may stop using our website at any time. We may suspend or terminate your access to our website or services if we reasonably believe you have breached these Terms or engaged in unlawful, fraudulent or harmful conduct.

Any obligations or liabilities incurred before termination will continue to apply.

Severability

If any part of these Terms is found to be unlawful, void or unenforceable, that part will be severed from the Terms to the extent necessary. The remaining provisions will continue to be valid and enforceable.

Entire Agreement

These Terms, together with any policies published on our website, form the entire agreement between you and Each One regarding your use of our website and purchase of our products.

Any failure by us to enforce a right or provision under these Terms does not constitute a waiver of that right or provision.