Terms & Privacy

Website Terms of Use

1. Website Terms of Use

As consideration for allowing you, the user (User, You, Your, and other similar terms) to view the Content on the Website located at https://www.pavection.com (Website), You agree to the following terms of use (Terms of Use).

The Website is operated by Pavection Pty Ltd ACN 168 668 166 (Pavéction, Company, We, Our, Us, and other similar terms). We provide You with access to Website pursuant the terms and conditions contained herein.

You acknowledge and agree that You have had sufficient opportunity to read and understand the terms and conditions contained in these Terms of Use, and that You are legally able to agree to be bound by them.

If You do not agree to these Terms of Use, please leave this Website immediately.

2. Permitted use

2.1 Use of Content

Content means text, data, speech, music or other sounds, visual images (animated or otherwise) in any form, or in any combination of forms as defined in Schedule 7 of Broadcasting Services Act 1992 (Cth).

(a) We reserve all copyright in the Content and design of the Website. We own or are the licensee of all such copyright and provide it to You under the terms of a limited licence embodied in these Terms of Use each time You visit the Website.

(b) You may download, print or copy Content provided on the Website for Your own use or for use within Your business. Unless provided with a mechanism to do so, You must not sell, lease, furnish or otherwise permit or cause others to access Content on the Website.

(c) You must not use, reproduce, communicate, publish, or distribute any of the Content on the Website unless it constitutes a fair dealing for the purposes of the Copyright Act 1968 (Cth) (Act). In particular, You must not reproduce or use any of the information on the Website for commercial benefit.

(d) Other than for the purposes of and subject to the conditions prescribed under the Act as otherwise provided for in these Terms of Use, no part of the Content may in any form or by any means (including framing, screen scraping, electronic, mechanical, photocopying or recording) be reproduced, adapted, stored in a retrieval system or transmitted without prior written permission.

3. Prohibitions on use

The Website and the information contained herein must not be used in any manner that infringes Our rights. You must not:

(a) data mine or conduct automated searches on the Website or the Content, whether through the use of additional software or otherwise;

(b) frame or mirror the Website;

(c) tamper with, hinder the operation of, or make unauthorised modifications to the Website or any of its Content;

(d) transmit any virus, worm or other disabling feature to or via the Website;

(e) abuse, defame, harass, stalk, threaten or otherwise violate the Our legal rights;

(f) advertise or offer to sell any goods or services, or conduct or forward surveys, contests, or chain letters from the Website;

(g) delete any author attributions, legal notices or proprietary designations or labels unless authorised to do so; and

(h) use the Website to send commercial, unsolicited, or bulk electronic messages to anyone or in any other way which would constitute an infringement of the Spam Act 2003 (Cth).

4. Privacy Policy

In using the Website, You are deemed to have read, understood, and accepted Our Privacy Policy.

5. Provision of service

(a) We may, without notice, suspend access to the Website or disconnect or deny You access to any part of the Website during any technical failure or maintenance period.

(b) We may also choose in Our sole discretion to block or deny You access to any of the Content contained on the Website.

(c) We may make improvements and or changes to Website and the Content at any time without notice. We do not warrant that the information architecture or navigation will not change now or at any time in future.

6. Limitation of liability

6.1 No duty of care

(a) You access the Website at Your own risk and are responsible for compliance with the laws of Your jurisdiction in addition to these Terms of Use.

(b) The Website is available for You to use; however, We assume no duty of care to You. We make no representation and provide no warranty regarding the quality, accuracy, completeness, merchantability, or fitness for purpose of the Content on the Website.

(c) If relying on the Content, You must make Your own investigations to ensure its accuracy before doing so.

6.2 Disclaimer of warranties

You expressly acknowledge and agree that to the maximum extent permitted by law:

(a) Your use of the Website is at Your sole risk. The Website is provided on an “as is” and “as available” basis. We and Our officers, employees and agents, expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement;

(b) We make no warranty that:

(i) the Content will meet Your requirements;
(ii) the information contained in the Content is accurate or reliable;
(iii) the Content will be uninterrupted, timely, secure, or error-free;
(iv) the quality of the Content or other material obtained by You through the Website will meet Your expectations; and
(v) any errors will be corrected;

(c) any Content downloaded or otherwise obtained through the use of the Website is accessed at Your own discretion and risk, and You will be solely responsible for any damage to Your computer or loss of data that results from the download of the Content; and
(d) no advice or information, whether oral or written, obtained by You from the Website or through or from the Content creates any warranty not expressly stated herein.

6.3 Limitation of liability

(a) Except for certain statutory warranties under consumer protection laws We do not provide any guarantee or warranty or make any representation of any kind, either express or implied, in relation to the Content or Your use of the Content on the Website.

(b) Subject to any claims available under consumer protection laws We and Our officers, employees and agents are not liable for any loss or damage, including, but not limited to, direct, indirect or consequential losses including any form of consequential loss such as any third party loss, loss of profits, loss of revenue, loss of opportunity, loss of anticipated savings, pure economic loss and an increased operating cost, personal injury or death, however, suffered or sustained in connection with:

(i) any inaccurate information provided on the Website;
(ii) Your use of the Content;
(iii) any failure or delay including, but not limited to, the use or inability to use any of the Content;
(iv) any interference with or damage to Your computer systems which occurs in connection with use of the Website or any of its Content;
(v) the cost of procurements of substitute goods and Content resulting from any goods or Content purchased or obtained through the Content;

(c) For claims that cannot be excluded or restricted under consumer protection laws, Our liability for such a claim will (at Our option and to the extent permitted by law) be limited to:

(i) if the breach relates to Content:

I. resupplying the Content or its equivalent; or
II. paying the cost of having the Content or its equivalent resupplied.

6.4 Links to other Websites

(a) The Website may contain links to Websites which are owned and operated by third parties which are not controlled by Us.

(b) In relation to the other Websites which We link to, We:

(i) provide the links as a convenience to You and the existence of a link to other Websites does not imply any endorsement of the linked Website; and
(ii) we are not responsible for the material contained on those linked Websites.

7. Miscellaneous provision

(a) Access to the Website outside the Jurisdiction – No representation or warranty is made that the Content on the Website complies with the laws of any country outside of Australia. If You access the Website from outside Australia, You do so at Your own risk.

(b) Changes to these Terms of Use – We may change these Terms of Use at Our discretion by providing notice on the Website. The version of the Terms of Use that applies to You will be available on the Website each time You visit the Website.

(c) Entire agreement – These Terms of Use and any warranties implied by law which are not capable of being excluded or modified amount to the entire agreement between You and Us. Any contact with Us or Our officers, employees or agents that includes any statements representations, warranties (if any) whether expressed or implied, including any collateral agreement or warranty, with reference to the subject matter or the intentions of either You or Us are merged and otherwise are excluded and cancelled by those contained in these Terms of Use.

(d) Governing law and jurisdiction – The laws of Queensland and Australia govern this agreement. You submit to the non-exclusive jurisdiction of the Supreme Court of Queensland and the Federal Court of Australia without giving effect to any of the principles of conflict of laws.

(e) Indemnity – By using the Website, You indemnify Us and Our employees, officers and agents against any claim or proceeding that is made, threatened or commenced, and any liability, loss, damage or expense (including reasonable legal costs on a full indemnity basis) that We may incur or suffer as a direct or indirect result of:

(i) any breach of these Terms of Use by You;
(ii) an actual or alleged breach by You of any law, legislation, regulation, by-law or code of conduct caused by data uploaded or downloaded from our Website;
(iii) any claims brought by or on behalf of any third party relating to any act or omission by You, including breach of a third parties copyright or trade mark.

(f) Severance – If any part of these Terms of Use are found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of the document and the severed part will not affect the validity and enforceability of the remaining Terms of Use.

(g) Trade marks – We may be the owner of several common law, or where indicated, registered trade marks which appear on the Website. Unauthorised use of these trademarks will infringe Our intellectual property rights. We reserve Our right to act against You if You infringe Our intellectual property rights.

(h) Waiver – If We do not act in relation to a particular breach of these Terms of Use by You, this will not be treated as a waiver of Our right to act with respect to subsequent or similar breaches.

(i) Contact Details – You may contact Us using the following details:

Pavection Pty Ltd ACN 168 668 166
Qantm House, Level 4 138 Albert Street
Brisbane QLD 4000
Email: info@pavection.com
Telephone: +61 7 3012 9389

Privacy Policy

1. Background

Pavection Pty Ltd ACN 168 668 166 (Pavection, We, Our, Us, and other similar terms) takes all reasonable steps to implement processes and procedures for the responsible management of Personal Information and Data.

We have implemented this Privacy Policy in accordance with the Australian Privacy Principles (APP) and other data protection rules in order to be open and transparent about how We collect, hold, and use Your Personal Information, and under what circumstances We may disclose or transfer it.

This Privacy Policy applies to all Personal Information collected by Pavection in the course of providing services to Our customers (You, Your, and other similar terms) regardless of its source and forms part of the terms and conditions of our various agreements with You.

2. Disclaimer

While Your Privacy is important to Us, nothing in this Privacy Policy constitutes a voluntary opt in to any privacy law’s, anywhere in the world, with which We are not statutorily bound to comply.

2.1 Definitions

In this Privacy Policy, unless the context or subject matter otherwise require:

Data means any information which is reduced to electronic form and stored in any of our computer systems.

Data Breach means any unauthorised access to, unauthorised disclosure of, or loss of, Personal Information held by Us where the access, disclosure or loss is likely to result in serious harm to any of the individuals to whom the information relates.

Personal Information means information or an opinion about an identified individual, or an individual who is reasonably identifiable:

(a) whether the information or opinion is true or not; and

(b) whether the information or opinion is recorded in a material form or not.

Sensitive Information means:

(a) information or an opinion about an individual’s:

(i) racial or ethnic origin; or
(ii) political opinions; or
(iii) membership of a political association; or
(iv) religious beliefs or affiliations; or
(v) philosophical beliefs; or
(vi) membership of a professional or trade association; or
(vii) membership of a trade union; or
(viii) sexual orientation or practices; or
(ix) criminal record;

that is also personal information; or

(b) health information about an individual; or

(c) genetic information about an individual that is not otherwise health information; or

(d) biometric information that is to be used for the purpose of automated biometric verification or biometric identification; or

(e) biometric templates.

3. Collection

3.1 Collection of Personal Information

(a) We collect Personal Information:

(i) when You interact with us online, over the phone, by email, in person or through other means of communication; and
(ii) in order to assist You with the supply of goods, the provision of services, and to provide any related assistance or for other purposes requested through such communication.

(b) The type of Personal Information We collect includes Your name, address, telephone number, email, and any additional information You provide to Us.

(c) Where You contact Us on behalf of Your employer, the information You provide often contains information about Your employment, position and employers contact details. In those circumstances certain employment information is collected.

(d) Information will only be collected directly from You unless You authorise another person to provide the information.

3.2 Device information and cookies

(a) When You visit our website at www.pavection.com, We may collect certain information about Your device, including details about Your Web browser, IP address, time zone, and some of the cookies that are installed on Your device. Additionally, as You browse, We collect information about the individual Web pages, Goods You view, what websites or search terms referred You, and information about how You interact with Us online.

(b) We collect device information using the following technologies:

(i) “Cookies” which are data files placed on Your device or computer which may include an anonymous unique identifier;
(ii) “Log files” which track actions occurring on the website, and collect data including Your IP address, browser type, internet service provider, referring/exit pages, and date/time stamps; and
(iii) “Web beacons”, “tags”, and “pixels” which are electronic files used to record information about how You browse Websites.

(c) Please note that We do not alter our Websites’ data collection and use practices when We see a Do Not Track signal from Your browser.

(d) You may refuse the use of cookies by selecting the appropriate settings on Your browser, however if You do, You may not be able to use the full functionality of Our website.

(e) We do not collect Personal Information or associate the information collected via cookies, web beacons, tags, log files or pixels with other Personal Information We collect.

4. Consent

By agreeing to this Privacy Policy, You give us Your consent to use Your Personal Information as set out herein. You have a right to withdraw Your consent at any time and may do so by contacting Us via the details provided below.

5. Use

5.1 General use

(a) We use Personal Information collected as part of Our business operations which are primarily associated with the sale of goods and the provision of services in relation to the design and delivery of bespoke jewellery. Examples of when Your information may be used include:

(i) informing You about Our goods and services;
(ii) providing You with the goods and services requested
(iii) administration needs in relation to providing You with goods and services, including managing Your account;
(iv) dealing with requests, enquiries or complaints and other customer care related activities; and
(v) carrying out any activity in connection with a legal, governmental or regulatory requirement imposed on Us or in connection with legal proceedings, crime or fraud prevention, detection or prosecution.

(b) We may also use Personal Information for purposes, as would be reasonably expected by You, in connection with those activities described above. However, We will not use Your Personal Information for purposes, other than as described in this Privacy Policy or other agreement We have with You, unless You consent to that use or there are specific law enforcement, public health or safety reasons.

5.2 Direct marketing

Where You have elected to be included on our mailing list or to receive other electronic communications, We may use Your contact details to send You those communications. To opt-out of receiving marketing material, You may contact Us via the details below or select the “unsubscribe” link provided in that communication.

6. Accessing Your information

Upon Your request and after satisfying ourselves of Your identity, We will provide access to the Personal Information We hold about You except in certain prescribed circumstances. These include, where:

(a) We believe giving access would pose a serious threat to the life, health or safety of any individual, or to public health or public safety;

(b) giving You access would be unlawful;

(c) granting access would have an unreasonable impact on the privacy of other individuals;

(d) the request for access is frivolous or vexatious; or

(e) there are anticipated legal proceedings.

7. Data integrity

We take reasonable steps to ensure the Personal Information We collect, use and disclose is accurate, complete and up-to-date. You have a right to access and correct incorrect Personal Information at any time and may do so by contacting Us using the details provided below.

If You become aware Your information is no longer accurate, complete or up-to-date please contact Us.

8. Sharing information

We may disclose Personal Information to:

(a) Our employees, a related entity and Our professional advisors, such as Our lawyers and accountants;

(b) law enforcement agencies to assist in the investigation and prevention of criminal activities; and

(c) Our third party contractors or service providers with whom We have a business association, including:

(i) marketing service providers;
(ii) accounting service providers; and
(iii) information technology service providers including cloud application providers.

Finally, We may also share Your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant, or other lawful request for information We receive, or to otherwise protect Our rights.

We will not disclose Your Personal Information other than in accordance with this Privacy Policy without Your consent.

9. Offshore transfers

The Personal Information We collect may be transferred out of Australia and to countries including the United Kingdom, Ireland, and the United States where it is processed by third party providers of cloud-based services, who assist Us to manage promotional material, email, office administration and accounting services. Pavection relies solely on reputable service providers, such as Shopify, Google, and Facebook.

While We do not otherwise actively disclose Your Personal Information to other overseas entities, the service providers We engage may use international data centres and disaster recovery sites. Consequently, these providers may have access to Your information.

Regardless of where You reside Your right to Privacy is protected in Australia pursuant to the Privacy Act 1988 (Cth) which is administered by the Office of the Australian Information Commissioner (OAIC). The OAIC is contactable via their Website at https://www.oaic.gov.au/.

10. Anonymity and use of pseudonyms

We may interact with You anonymously or through the use of pseudonyms if You have questions that are general in nature. However, You are required to provide true and accurate details when requesting the supply of goods or the provision of services. You agree to provide accurate information if so required.

11. Security

We take commercially reasonable steps to protect the Personal Information We hold from misuse, loss and unauthorised access, modification or disclosure. We do this by:

(a) maintaining and keeping our systems up to date;

(b) using secure servers protected from unauthorised access, modification or disclosure;

(c) where possible using two factor authentication where it is available;

(d) using secure sockets layer (SSL) encryption to transfer data across public networks, such as the internet;

(e) relying on reputable service providers; and

(f) limiting the collection of Your Personal Information to that which We reasonably require.

12. Data retention

If We hold Personal Information about You, and We do not need that information for any purpose, We will take reasonable steps to destroy or de-identify that information, in accordance with the APPs, unless We are prevented from doing so by law.

Under Australian law, financial records, such as those relating to financial transactions, must be retained for 7 years after the transactions associated with those records are completed.

We envisage Your Personal Information will be deleted or de-identified within ten (10) years, if it is no longer reasonably required for the purposes for which it was collected.

You may make a request to Us in writing to remove Your Personal Information and, where permitted, We will do so in accordance with the APPs.

13. Use of de-identified data

The data We collect may have analytical value to Us and other third parties. We reserve the right to process, distribute, or sell information We collect through our services. However, We will only distribute data which has been deidentified. Deidentified data will not include Personal Information such as Your name, address, phone number, email address or other information which would reasonably allow You to be identified.

14. Complaints procedure

Pavection is a customer service-oriented business. Therefore, if You have a complaint about Our collection or use of Personal Information pertaining to You, then We would ask You to contact Us. Our Privacy Officer can be contacted via the information provided below.

If after investigating Your complaint and reporting to You our findings, You are still not satisfied then We ask You to consult:

The Office of the Australian Information Commissioner
GPO Box 5218
Sydney, NSW 2001
Telephone: 1300 363 992
Email: enquiries@oaic.gov.au

15. Contacting Us

For more information about our privacy practices, if You have questions, or if You would like to make a complaint, please contact Us using the details provided below:

Privacy Officer
Qantm House, Level 4, 138 Albert Street
BRISBANE, QLD 4000
Australia
Telephone: 07 3012 9389
Email: info@pavection.com

16. Amendments

We are obligated to regularly review and update this Privacy Policy. As such We may update it from time to time in order to reflect changes to our practices or for other operational, legal or regulatory reasons.

This policy was last updated on 1 February 2021.

Terms of Sale – Online

1. Operative part

The term and conditions contained in this Terms of Sale constitute a legally binding contract between Pavection Pty Ltd ACN 168 668 166 as Trustee for The Bellamys Family Trust ABN 98 139 834 458 (Pavéction, Company, We, Our, Us, and other similar terms) and you (Customer, You, Your, and other similar terms). These terms and conditions apply to the Goods ordered by the Customer.

Our contact information is as follows:

Pavection Pty Ltd ACN 168 668 166 as Trustee for The Bellamys Family Trust ABN 98 139 834 458
Qantm House, Level 4
138 Albert Street, Brisbane QLD 4000
Telephone: 07 3012 9389
Email address: online@pavection.com

1.1 Offer to purchase

The terms and conditions in this document apply after You have made an Offer to purchase the selected Goods from Us at the prices indicated. The price of the Goods includes:

(a) the Goods Ordered;

(b) GST, where applicable;

(c) shipping costs, where applicable; and

(d) insurance to the Customer’s delivery address, where the delivery address is in Australia.

1.2 Acknowledgment

(a) You acknowledge and agree that You have had sufficient opportunity to read and understand the terms and conditions on which We are prepared to accept Your Offer and that You are legally able to make such an Offer.

(b) You acknowledge that these terms and conditions were brought to Your attention prior to making the Offer to purchase the selected Goods.

(c) If making an Offer, You warrant that:

(i) the information provided regarding the delivery address and Your contact information is accurate; and
(ii) You understand that We may contact You to confirm the details that You have provided to Us regarding Your Offer and Your Account with Us.

If You are not prepared to be bound by these Terms of Sale, do not proceed with Your Order.

2. Definitions & interpretation

2.1 Definitions

In this Terms of Sale, unless the context or subject matter otherwise requires:

Account means the details including a username and password that provides You with access to Our Website.

Agreement means the terms and conditions contained in this Terms of Sale, including the Description of the Goods and any documents incorporated by reference.

Anticipated Shipping Time means the amount of time that the Company expects that it will take before the Goods will be delivered to the Customer (if any),

Australian Consumer Law means the law as set out in the Competition and Consumer Act 2010 (Cth).

Charges means all other costs which the Customer agrees to accept as shown on the Website.

Consequential Loss means any indirect, special or consequential loss or damage and any loss of income, loss of revenue, loss of profit, loss of production, loss of goodwill, loss of use, loss of financial opportunity, financing costs, loss of business or loss of business opportunity, loss of contract, loss from third party claims or failure to realise anticipated savings (whether the loss is direct or indirect).

Customer means a Party to this Terms of Sale Agreement that has made an Offer to purchase the selected Goods from the Company on the terms and conditions contained herein.

Description means the words and images used to describe the Goods appearing on our Website that are selected by the Customer.

Goods means those items which the Customer has offered to purchase from Pavéction the description of which is shown on Our Website.

Offer means the offer by the Customer to purchase the Goods selected from Our Website.

GST means goods and services tax or another tax that is substituted or replaces GST.
Order means an Offer which has been accepted by the Company to supply the Goods selected by the Customer on the terms contained in this Agreement.

Parties or Party means Pavéction and the Customer that are parties to this Terms of Sale as the case and the context requires.

Price means the total amount of money to be paid for the Goods shown on the Order received from the Customer.

Returns Policy means the Company’s policy by which it will allow the Customer to return Goods as provided on Our Website.

Website means the website accessible at https://www.pavection.com.

2.2 Interpretation

In this Agreement:

(a) a reference to:

(i) one (1) gender includes the others;
(ii) the singular includes the plural and the plural includes the singular;
(iii) a person includes a body corporate;
(iv) a document or instrument includes the document or instrumented as novated, altered, supplemented or replaced from time to time;
(v) a Party includes the Party’s executors, administrators, successors and permitted assigns;
(vi) a statute, regulation or provision of a statute or regulation (Statutory Provision) includes:

I. that Statutory Provision as amended or re-enacted from time to time; and
II. a statute, regulation or provision enacted in replacement of that Statutory Provision;

(vii) an amount of money is to an amount in Australian dollars ($AUD);
(viii) time is to Australian Eastern Standard Time; and
(ix) a Schedule refers to a Schedule contained in this Agreement;

(b) including and similar expressions are not words of limitation;

(c) where a word or expression is given a particular meaning, other parts of speech and grammatical forms of that word or expression have a corresponding meaning;

(d) headings and the table of contents are for convenience only and do not form part of this Agreement or affect its interpretation;

(e) where a day on or by which an obligation must be performed or an event must occur is not a business day, the obligation must be performed or the event must occur on or by the next business day; and

(f) a provision of this Terms of Sale must not be construed to the disadvantage of a Party merely because that Party was responsible for the preparation of this Agreement or the inclusion of the provision in it.

Operative part

2.3 Sale and purchase

The Customer has offered to purchase the items selected from Our Website and agree that the terms and conditions contained in this Agreement apply to Your Order.

2.4 Placement of Orders

We may decline any Offer received from the Customer by written notice to the Customer within three (3) days of its receipt.

2.5 Sale by sample

(a) If the Goods delivered to the Customer pursuant to this Agreement correspond with the description made available to the Customer by or on behalf the Company and inspected by the Customer, these Goods are taken to conform with the description contained in the Order.

(b) The Customer acknowledges that minor variations between the sample and the Goods as delivered do not breach this clause and, to the extent permitted by law, do not breach the Australian Consumer Law.

2.6 Acceptance of Offer

The Offer is accepted and becomes an Order when We accept the Offer as contained in the Once Your Offer is accepted, We sell to You, and You buy from Us the Goods on the terms and conditions contained in this Agreement.

2.7 Delivery

(a) We will deliver the Goods to the address supplied by You within the Anticipated Shipping Time. You consent to Us using the shipping company of Our choice to deliver the Goods to You.

(b) If your delivery address is not located in Australia, You accept that delivery of the Goods may be subject to your payment of importation taxes or duties upon arriving in your country of delivery.

2.8 Insurance

(a) We will insure the Goods until Risk passes to You, as provided for at clause 4.2. For clarity, if delivery of the Goods is arranged by Us, the Goods will be insured until delivery to You is completed.

(b) Unless otherwise agreed in writing between Us and You, We will not insure the Goods in accordance with clause 2.8(a) where Your delivery address is not located in Australia.

2.9 Price

The Prices quoted by the Company and shown on the Website apply at the time the Offer is made by You and not at any other time.

2.10 GST

The Price is inclusive of GST.

3. Use of account

3.1 Account and password

You agree to keep any passwords provided by Us to the Website confidential. You are expressly prohibited from sharing Your account details with third parties.

3.2 Termination of Account

(a) We reserve the right to limit, cancel, suspend, or terminate Your account without notice to You and without providing a reason if We believe:

(i) You are breaching any of the terms of this Agreement which cannot be remedied; or
(ii) Your use of the account may be a breach of a third party’s intellectual property rights.

(b) You agree not to hold Us liable for claims, demands or damages (including actual and consequential) of any kind for the closing of Your Account.

4. Title, risk, and payment

4.1 Title

(a) Title to the Goods is free of encumbrances and all other adverse interests pass on receipt of the Price by Pavéction.

(b) Title to the Goods shown in an Order passes to the Customer free of encumbrances and all other adverse interests upon receipt by Pavéction of payment of the Price. Until the title to the Goods shown on the Order passes to the Customer, the Company holds a security interest in the Goods and all proceeds from the sale of the Goods as contemplated under the Personal Property Security Act 2009 (Cth).

4.2 Risk

Risk in the Goods passes to the Customer on delivery of that Order to the Customer or collection of that Order by the Customer’s agent or courier as the case requires.

4.3 Payment

You agree to pay for the Goods using a nominated payment method accepted by Pavéction upon finalisation of the Order prior to delivery.

5. Refunds

5.1 No refunds

(a) Subject to clause 7.2 and to the maximum extent permitted by law, the Company does not issue refunds for Goods purchased.

(b) Without limiting the preceding clause 5.1(a), the Company does not offer refunds where:

(i) You have changed Your mind; and
(ii) the Goods have, as determined by the Company acting reasonably, been removed from its packaging, interfered with, or otherwise tampered with.

5.2 Refunds Policy

The Company will deal with refunds for damaged and defective Goods according to our Refund Policy.

6. Disclaimer of warranties

(a) You expressly acknowledge and agree that, to the maximum extent permitted by law subject to the Company’s compliance with the obligations contained in the Competition and Consumer Act 2010 (Cth) (ACL) its officers, employees, agents, expressly disclaim all warranties of any kind, whether express or implied, except the warranties that the Goods are provided with clear title, are of acceptable quality, are fit for the particular purpose for which they were supplied and that they comply with their description (Non-Excludable Provisions).

(b) the Company makes no warranty that:

(i) the Goods will meet Your exact requirements;
(ii) the performance of the Goods will meet your expectations.

(c) Customer warranties

The Customer warrants that:

(i) the Goods have been obtained at the Customers own discretion and risk;
(ii) it will use the Goods strictly as required by any guidelines or recommendations provided by the Company;
(iii) it has made its own investigations into the suitability of the Goods and is not relying on any representation not expressly made by the Company;
(iv) it will take out any policy of insurance as advised by the Company to protect against any foreseeable risk posed by use of the Goods; and
(v) no advice or information, whether oral or written, obtained from the Company in relation to the Goods creates any warranty not expressly stated herein.

7. Limitation of liability

(a) Subject to any claims made because of a breach of a Non-Excludable Provision available under the ACL, the Company, its employees, officers and agents are not liable for any loss or damage, including, but not limited to, direct, Consequential Losses, or personal injury or death, however suffered or sustained in connection with:

(i) any inaccurate or incorrect information provided about the Goods;
(ii) the Customer’s use of the Goods;
(iii) any failure or delay including, but not limited to, the use or inability to use the Goods.

7.2 Agreed liability

(a) Nothing in this Agreement attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the ACL.

(b) In Australia, the Company’s goods come with guarantees which cannot be excluded under the ACL. You are entitled to a replacement or refund for a major failure and 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.

(c) For claims that cannot be excluded or restricted under the ACL, the liability of the Company for such a claim will (at the Company’s option and to the extent permitted by law) be limited to:

(i) in the case of Goods:

I. replacement of the Goods or the supply of equivalent Goods;
II. the cost of replacing the Goods or acquiring equivalent Goods;
III. repair of the Goods; and
IV. the cost of having the Goods repaired; or
V. the Total Payable amount for the Goods on the Order Form, inclusive of GST
VI. whichever is the greater.

(ii) for services:

I. supplying the services again; and
II. payment of the cost of having the services supplied again.

(d) Nothing in this Agreement attempts to limit or exclude liability of the Company in compliance with section 64 of Schedule 2 of the ACL.

8. Indemnity

(a) The Customer indemnifies, and must keep indemnified, the Company and its employees officers and agents, against any action, liability, claim, loss, damage, proceeding, expense (including legal costs) suffered or incurred by the Company, arising from or in connection with, either directly or indirectly the Customer’s breach of any of its obligations contained in this Terms of Sale, including but limited to the making of a warranty that is inaccurate or incomplete.

(b) The Customer indemnifies, defends and, holds harmless the Company, its employees, officers, authorised representatives and agents (Indemnified Parties) against any claim or proceeding that is made, threatened or commenced, and any liability, loss, damage or expense (including reasonable legal costs on a solicitor and own client basis) that the Indemnified Parties may incur or suffer as a direct or indirect result of:

(i) Your breach of any provisions of this Agreement;
(ii) Your negligent acts or omissions;
(iii) Your actual or alleged breach of any law, legislation, regulation, by-law, or code of conduct; or
(iv) any claims brought by or on behalf of a third party relating to any act or omission by You, including infringement of a third party’s intellectual property rights.

9. General provisions

(a) Assignment – Pavéction may assign any of its rights and obligations under this Agreement by notifying the other Party of such an assignment. The Customer may not assign its rights under this Agreement without the prior written consent of Pavéction, which may be granted or withheld in Pavéction’s complete discretion and, if granted, may be subject to conditions.

(b) Entire agreement – This document contains the entire agreement between the Parties in connection with its subject matter and supersedes all previous agreements and understandings except as otherwise provided herein.

(c) Governing law and jurisdiction – This Agreement is governed by the laws of Queensland, Australia and each Party irrevocably submits to the non-exclusive jurisdiction of the Courts of Queensland, Australia.

Warranty Card

1. Warranty Card

Our Jewellery comes with guarantees that cannot be excluded under the 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. You are also entitled to have the Jewellery repaired or replaced if the Jewellery fails to be of acceptable quality and the failure does not amount to a major failure.

This document provides warranty information about defective or damaged items of jewellery (Jewellery) purchased directly from Pavection Pty Ltd ACN 168 668 166 (Pavection) by Customers (Customers). Terms that are capitalised in this Warranty Card are defined in our Terms of Sale, or our Terms of Service.

Pavection provides the warranties to Customers as contained in this Warranty Card.

2. Warranty Period

For Customers who purchase custom Jewellery directly from Pavection, we provide a lifetime warranty subject to these warranty terms.

3. Scope of warranty

(a) Pavection warrants that, subject to the exclusions and limitations herein, all Jewellery it supplies will be:

(i) free from substantial defects in materials and workmanship; and
(ii) free from manufacturing defects,
for the periods of time (Warranty Period) provided below.

(b) If an item of Jewellery becomes defective or damaged due to a manufacturing defect during the Warranty Period, Pavection will, at its discretion:

(i) repair or replace the defective or damaged Jewellery; or
(ii) cause the repair or replacement to be made.

(c) Pavection may cause the defective or damaged Jewellery to be replaced with parts of a similar quality where an identical part is no longer available.

(d) In replacing the defective or damaged Jewellery, Pavection may use refurbished items of the same or similar type rather than replacing the defective or damaged Jewellery with a new one.

(e) Pavection may use the parts from refurbished Jewellery to repair a defective or damaged item of Jewellery.

4. Pavection’s obligations

(a) To provide information to the Customer outlining basic usage and maintenance requirements for the Jewellery.

(b) To pass on the details of any products not manufactured by Pavection (Products), which Pavection supplied, that are embodied in an item of Jewellery, where the benefit of any warranty must be passed on to the Customer.

5. Exclusions

The warranties contained in this Warranty Card do not apply where:

(a) Pavection did not manufacture the item of Jewellery;

(b) the damage or defect has occurred:

(i) because of the failure of the Customer to properly use and maintain the Jewellery in accordance with Pavection’s instructions, recommendations and specifications, including applicable maintenance schedules and timeframes as provided to the Customer by Pavection;
(ii) as a result of normal wear and tear, neglect, water damage, improper maintenance, or any damage caused by alteration; or
(iii) as a result of the Jewellery being used other than for the purpose for which it was designed.

(c) the damage or defect to the Jewellery has been caused by or related to any alteration to the Jewellery;

(d) the Jewellery has been subject to abnormal conditions including, but not limited to, environmental conditions, temperature, water, fire, humidity or stress;

(e) the Jewellery has been repaired, altered or modified by a party other than Pavection; or

(f) after inspection by Pavection, it is determined that the Jewellery is not defective.

6. Warranty procedure

(a) Customers must contact Pavection to make a warranty claim:

(i) as soon as practical after the defect or damage becomes apparent; and
(ii) prior to having the Jewellery repaired or replaced.

(b) Customers may be requested to supply:

(i) proof that they purchased the Jewellery, when it was purchased and who it was purchased from;
(ii) photographs of the defect or damage to the Jewellery; and
(iii) maintenance records,
prior to any warranty claim being considered by Pavection.

(c) Customers are responsible for delivering the Jewellery to Pavection as directed at their own cost.

(d) If, after inspection and testing there is no damage or defect found in the Jewellery, the Customer will be responsible for payment of any reasonable fees associated with inspecting and testing the Jewellery incurred by Pavection.