Terms & Conditions
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
Last updated: 22 Feb 2021
By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to Pearl Wholesaler.com.au Pty Ltd – ABN: 99152695362 trading as Regent Pearls Broome Pty Ltd (Regent Pearls) and “You” and “Your” refers to you, the client, visitor, website user or person using our website.
You must be over 18 years of age to use this website and to purchase any goods or services.
Amendment of terms
We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and Regent Pearls’ rights and obligations to each other.
Limitation of liability
It is an essential pre-condition to you using our website that you agree and accept that Regent Pearls is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.
It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
This website and its contents are the copyright of Regent Pearls Pty Ltd © 2021, or used under licence. All rights reserved.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: You may print or download contents to a local hard disk for your personal and non-commercial use only. You may copy some extracts only to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
You may not, except with our express written permission, distribute or commercially exploit the content. You may not transmit it or store it on any other website or other form of electronic retrieval system.
Trademark and Restriction of Use
‘Regent Pearls, Broome WA’ including the logo ‘RP’ on our website, products and advertising is a registered trademark and can not be used, copied or distributed without our express permission.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to; the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.
Regent Pearls expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.
Competition and Consumer Act
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), Regent Pearls’ liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.
Regent Pearls will always strive to operate in a transparent, honest and fair manner.
To the fullest extent permitted by law, Regent Pearls disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. As Pearls are created from a living creature, it is impossible for Regent Pearls to guarantee every aspect of the Pearls condition. Regent Pearls gives no warranty that the goods will be free of defects, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.
Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any product, link or information in our website or as to their correctness, suitability, accuracy, reliability, or otherwise.
It is your sole responsibility and not the responsibility of Regent Pearls to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.
These terms and conditions represent the whole agreement between you and Regent Pearls concerning your use and access to Regent Pearls’ website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
Exclusion of unenforceable terms
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
This agreement and this website are subject to the laws of WA and Australia. If there is a dispute between you and Regent Pearls that results in litigation then you must submit to the jurisdiction of the courts of Western Australia.