These terms and conditions supersede all previous terms and conditions
WhitakersJewellers reserve the right to change these terms and conditions at any time.
Price and payment
Prices are in AUD$ (Australian Dollars) and include GST (Goods and Services Tax).
For approved purchases at the discretion of WhitakersJewellers payment for the Good will be made in the following manner:
(a) 30% of the total price on placing an order;
(b) minimum of 20% of the total price on delivery of Goods;
(c) The balance of the price to be paid by equal monthly instalments up to a maximum of 6 months by direct debits in accordance with the terms and conditions on the approved Direct Debit Request form of Ezidebit Pty Limited (ACN 096902813) (Ezidebit) and the Ezidebit DDR service agreement (version 1.3) which the customer has read and understood.
The customer hereby authorises Ezidebit to make periodic debits on behalf of Whitakers Jewellers as indicated on the accepted Direct Debit Request form.
The customer using the Ezidebit facility to pay for the Goods must provide a current cover note or evidence of insurance, to the satisfaction of Whitakers Jewellers, insuring the Goods for loss, theft or damage anywhere in the world for a period of 12 months. Such evidence of insurance must be provided before collection of the Goods and must be for the replacement value of the Goods.
The customer acknowledges that certain fees and charges (including set up, variation, SMS or processing fees) will apply to the Direct Debit Request and will be payable to Ezidebit and the customer agrees to pay those fees and charges to Ezidebit.
The risk of accidental loss or deterioration of the Goods shall be transferred to the customer upon delivery.
Retention of title
Notwithstanding delivery and the passing of risk in the Goods delivered to the customer, or any other provisions of these terms and conditions, legal title in the Goods supplied to the customer by Whitakers Jewellers shall not pass to the customer until Whitakers Jewellers has received in cash or cleared funds payment in full of the price of the Goods.
Until such time as title in the Goods pass to the customer, the customer shall hold the Goods as Whitakers Jewellers fiduciary agent and bailee.
If the customer breaches this agreement by a failure to pay the price in accordance with the approved terms, Whitakers Jewellers may at any time require the customer to deliver up the Goods to Whitakers Jewellers and, if the customer fails to do so, forthwith, may enter on any premises of the customer or any third party where the Goods are stored to repossess the Goods.
The customer shall not be entitled to pledge or in any way charge by way of security for any indebtedness the Goods which remain the property of the Whitakers Jewellers.
Personal Property Securities Act
The customer hereby acknowledges that these Terms and Conditions constitute a security agreement which creates a security interest in favour of the Whitakers Jewellers in the Goods supplied by Whitakers Jewellers to the customer (if any) to secure the payment from time to time and at a time, including future advances. The customer agrees to grant a “Purchase Money Security Interest” to Whitakers Jewellers within the meaning of the Personal Property Securities Act 2009 (“the Act”).
The customer undertakes to:
(a) sign any further documents and/or provide any further information (which information the customer warrants to be complete, accurate and up-to-date in all respects) which Whitakers Jewellers may reasonably require to enable registration of a financing statement or financing change statement on the Personal Property Securities Register (“PPSR”);
(b) not register a financing change statement as defined in section 10 of the PPSA or make a demand to alter the financing statement pursuant to section 178 of the PPSA in respect of the Goods without the prior written consent of the Whitakers Jewellers;
(c) give Whitakers Jewellers not less than 14 days’ written notice of any proposed change in the customer’s name and/or any other changes in the customer’s details (including by not limited to changes in the customer’s address, facsimile number, email address, trading name or business practice);
(d) pay all costs incurred by Whitakers Jewellers in registering and maintaining a financing statement (including registering a financing change statement) on the PPSR and/or enforcing or attempting to enforce the security interest created by these Terms and Conditions including executing subordination agreements;
(e) be responsible for the full costs incurred by Whitakers Jewellers (including actual legal fees and disbursements on a solicitor and client basis) in obtaining an order pursuant to section 182 of the PPSA; and
(f) the customer waives any rights it may have under sections 115 of the PPSA upon enforcement.
(g) The customer agrees that sections 95, 130, 132(3)(d), 132(4), 135 and 143 of the Act will have no application to the agreement in respect of these Terms and the customer waives its rights under section 157 of the PPSA to receive a notice under that section.
Warranty terms are prescribed by the 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.
The Goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or a refund for a major failure and for compensation for any other reasonable for see able 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 consumer will bare the expense of claiming the warranties.
For more information about your rights as a consumer, see the Australian Consumer Law website at www.consumerlaw.gov.au.
Competition Terms and Conditions
To enter the competition:
Like your favourite shot from Whitakers Instagram Feed
Tag two Instagram friends in the comments section of the photo you liked
The prize is a 9ct white gold 0.10ct diamond pendant with a value of $695 RRP.
Terms and Conditions
The competition is for a 'follower' of Whitakers Jewellers Instagram to win a diamond pendant with a value of $695 RRP.
The competition will start on 19/01/15 and finish the 13/02/15
1 'like' and 2 'tags' equals one entry.
It is up to the Instagrammer to read the terms and conditions prior to entering.
The draw will take place at Whitakers Jewellers store at 2/93 Darby Street Cooks Hill NSW 2300 on Friday 13th February at 11:00am.
Winner will be notified by a photo tag posted on the Whitakers Instagram page then contacted to collect the prize in-store.