PRIVACY & TERMS
Terms and Conditions
1. General
This website is published by Larnau Treasures, ABN 75492087576 (“LarNäu Treasures”, “we”, “our”). Access to and use of this website and the products and services available through this website are subject to the following terms, conditions and notices (the "Terms of Service"). By accessing this website, you accept these Terms of Service. These Terms of Service apply to all orders for, and purchases of products and services made from this website.
The Terms of Service, which may be updated by us from time to time without notice. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
We will not be liable if for any reason this website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this website without notice. This website and its contents are intended for access by persons located in Australia. We make no representation that the content and operation of this website will comply with any foreign law.
2. Privacy Policy
These Terms of Service incorporate our Privacy Policy, which sets out how we will use your information. Our Privacy Policy can be found our Privacy below. By using this website, you consent to the processing of information as described our Privacy Policy and warrant that all data provided by you is accurate.
3. Terms of Use
You may only use the website and the content on the website for personal purposes unless we provides express written consent to your proposed use. You must not misuse this website.
You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the website or our systems; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this website.
4. Terms of Sale
By placing an order on this website you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. Unless otherwise provided for in these terms and conditions, you may not cancel or amend your order (including the delivery address, changes to material, colour or size, or removing items) after your order has been placed. Please ensure all details provided are full and correct at the time of order placement. A contract between us for the purchase of the goods will not be formed until your payment has been approved by us and the payment has cleared.
Whilst we try and ensure that all details, descriptions and prices which appear on this website are accurate, errors (including processing errors) may occur. If we discover an error in the price or payment of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If the order is cancelled and you have already paid for the goods, you will receive a full refund. We reserve the right to refuse to fill any orders that you may place based on information on our products or services that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies.
From time to time, some goods may be out of stock or are unavailable and we may not be able to fulfil all or part of your order. If this happens, we will refund you the price paid for the goods impacted.
5. Prices and Payment
Where applicable, prices are inclusive of GST. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.
We accept payments using Visa, MasterCard, Amex, PayPal and Google Pay. If a payment method is declined at the time an order is placed on our website, that order will not be forwarded to us for further processing. Payment must be cleared prior to shipping of goods.
In some instances, we may require further verification information for a credit card to be used for payment. If so, our staff member will contact you. Examples of when this may occur include multiple unsuccessful card charge attempts for an order, a delivery address that is unable to be verified, and orders that include high value items. If we cannot reach you about your order using the contact details you provided in the order, after having made reasonable attempts to contact you, we will cancel your order and refund any money paid.
LarNäu Treasures accepts no liability whatsoever for any orders cancelled due to a failure of payment, whether by credit card payment or a payment service provider (e.g., PayPal).
Title to goods purchased on this website passes upon full payment being received by LarNäu Treasures or the goods being dispatched, whichever is later.
6. Shipping
All orders will be shipped via Australia Post E-parcel, unless we indicate otherwise.
Our standard shipping rates including GST within Australia, except where free shipping or an alternative shipping rate is indicated on an order, are as follows:
- Express shipping: AU$15 on orders under 2 kg.
- International shipping: AU$35 on orders under 2 kg.
We will contact you in relation to freight charges for orders over 2 kg.
We strongly recommend that you do not instruct any shipping company to leave a delivery from us at any unattended location. LarNäu Treasures accepts no responsibility whatsoever for any delivery left at an unattended location.
Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
Once your order has been dispatched, you will receive an e-mail with your tracking number so you can monitor the progress of the delivery. We cannot guarantee local delivery conditions and do not provide a guaranteed delivery time at the customer/recipient address.
We will endeavour to deliver your purchase to you promptly, however, all shipments may be subject to delays during peak periods or when shipped to regional areas.
We will not be liable for a failure to deliver your order due to circumstances beyond our control, and if we cannot deliver, we will refund your payment.
7. Exchanges and Returns
If you are unhappy about an item purchased via the online store, where that item is not defective and is not damaged, we may, at our discretion, provide an exchange or refund equal to the amount you paid for the returned item. Due to hygiene reasons, earrings cannot be returned for an exchange or refund for change of mind.
You must notify us of your request to return an item within 14 days of the purchase date of that item by contacting us at hello@larnau.com.au
If we approve your request to return your item, we will provide you with a shipping address and return details. All goods must be received back by us in new and unused condition (including packaging) within 14 days of purchase for an exchange or refund to be issued.
Refunds for goods purchased online must be returned to the shipping address we provide you with.
You will be responsible for any return shipping costs of undamaged or non-defective items.
If you received a free gift as a part of your purchase, you must also return the free gift to us if you no longer meet the conditions for receiving that free gift. If you no longer meet the conditions for the free gift and do not return the free gift with the purchased item, we will deduct the value of the free gift from the associated refund or exchange.
Please note that rights to repair, replacement, refund, cancellation or compensation do not apply to items intended for re-sale by the purchaser.
8. Faulty and Damaged Goods
While we make every attempt to ensure your goods arrive in undamaged condition, occasionally this does not happen. You must contact us at hello@larnau.com.au within 48 hours of receiving the goods to advise us that they are in damaged or faulty condition. We will then provide the postage details for the return of the faulty or damaged goods, which will be at no charge to you.
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for 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.
Please note, stones may show natural discolouration or other natural variations that are not manufacturing or quality defects. LarNäu Treasures’ decision regarding minor variations is final.
If you choose to receive a refund, we will process that refund within 14 days of receiving the goods. However, you may not receive the refund for some time due to delays by the financial institutions. We have no control over such delays by those financial institutions.
If you elect to receive a replacement, those items will be sent to you as soon as practicable after we receive the returned goods. If we are out of stock of any replacement item, or that item has been discontinued, we will endeavour to contact you to discuss the matter.
If the item is discontinued, we may suggest alternate goods as a replacement. If you decide to accept an alternative item, you must pay any additional costs over the cost of the returned item, or if the cost of the alternative item is less than the returned item we will refund the difference to you.
9. Promotion and Sale Items
From time to time, we may offer certain goods as “promotion” or “sale” items (“Promotion Items”) with a discounted price. Often, Promotion Items contain minor flaws or damage.
You acknowledge that, by purchasing a Promotion Item, you accept that the Promotion Item is sold “as is” and that the discounted price of that item fairly reflects any flaws or damage it may contain. Therefore, Promotion Items are not eligible for a refund or replacement, other than as required by law (such as in the case of an obvious manufacturing fault).
10. Linked Websites
Our website may contain hyperlinks to other websites (“Linked Websites”). LarNäu Treasures does not control the content of linked websites nor does it control the third parties operating those websites. We therefore accept no responsibility for the content, availability or operation of any Linked Website.
11. Exclusions of Liability and Disclaimers
You have certain non-excludable rights under the Australian Consumer Law, including guarantees for the quality of our products or services and replacements or refunds if they are faulty or damaged when you receive them.
Subject to those non-excludable rights, LarNäu Treasures expressly disclaims any implied or express warranties or conditions of any kind as to the nature, standard, availability, fitness for a particular purpose, or otherwise relating to any product or service offered on this website.
Subject to non-excludable rights under the Australian Consumer Law, LarNäu Treasures, its representatives and associated agents are not liable for any loss whatsoever (direct, indirect, “consequential” or other) which may arise in connection with the use of this website or a Linked Website or from the use of the information, services, links or material contained on this website, or from an inability to use this website howsoever caused. ”Consequential” losses may include, but are not limited to, loss of revenue, loss of profit or anticipated profit, downtime, lost production, loss of reputation, loss of opportunity, loss of anticipated savings or wasted overheads and other losses, whether foreseeable or not. This general disclaimer is not restricted or modified by any of the following specific warnings and disclaimers.
The materials and information provided on this website and related communications are provided "as is". LarNäu Treasures assumes no responsibility for, and makes no representations to you or any other person, as to the accuracy or completeness of the information on this website.
LarNäu Treasures cannot guarantee that our website will be bug-free or error-free, nor that it will not be down on occasions due to essential maintenance or technical difficulties. LarNäu Treasures therefore does not warrant that the website will be error-free or that it will be available at any given time or on any given day. While we endeavour to keep our website free from viruses and other malware, we strongly recommend that you use adequate protection against viruses and malware (e.g. virus scanners). LarNäu Treasures does not accept responsibility for any loss, disruption or damage to your data or your computer system which may occur while viewing or otherwise using our website.
12. Intellectual Property
LarNäu Treasures owns or licenses all intellectual property rights in this website and its content, including, but not limited to, the text, logos, graphics, photographic images, moving images, designs, or other material, including the program and code that operates this website (“Content”) which are protected by copyright or other proprietary rights. You agree that the Content is protected by the laws relating to copyright, trade marks and intellectual property generally.
The LarNäu Treasures name, logo and all product names and/or product images on this website are trade marks (registered or unregistered) of LarNäu Treasures, its affiliates or licensors.
Except as expressly provided in these Terms of Service, nothing set out in these Terms of Service will be construed as conferring on you any licence or right, by implication, estoppel or otherwise, under copyright or other intellectual property laws. You must obtain the prior written consent of LarNäu Treasures before you download, print, copy, reproduce or adapt (by electronic means or otherwise) any of the Content, except where allowed under Australian law, in which case LarNäu Treasures must be acknowledged as the source of the Content.
13. Indemnity
You agree to indemnify, defend and hold harmless LarNäu Treasures, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this website or your breach of these Terms of Service.
14. Waiver
If you breach these conditions, failure by us to take action will not constitute a waiver of our rights and remedies arising from that breach and we reserve our entitlement to enforce our rights and remedies in relation to that breach or any other situation where you commit a breach of these Terms of Service. Any waiver of any provision of the Terms of Service will be effective only if it is in writing and executed by LarNäu Treasures.
15. Severability
Any provision in these Terms of Service which is invalid or unenforceable in any jurisdiction is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable, and otherwise must be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of these Terms of Service or affecting the validity or enforceability of that provision in any other jurisdiction.
16. Termination
LarNäu Treasures may terminate these Terms of Service and your access to our website at any time without notice. In the event of termination you are no longer authorised to access the website, but all restrictions imposed on you and all disclaimers and limitations of liability set out in these Terms of Service will survive.
17. Governing Law and Jurisdiction
These Terms of Service are to be construed in accordance with the laws of Victoria, Australia and in the event of any dispute or claim associated with these Terms of Service, that dispute or claim shall be subject to the exclusive jurisdiction of Victoria, Australia.
Privacy Policy
1. Introduction
At Larnau Treasures, ABN 75492087576 (“LarNäu Treasures”, “we”, “our”) we respect your privacy.
Please read below to understand how we securely collect, store and destroy your information.
2. Personal Information We Collect and Hold
When used in this privacy policy, the term “personal information” has the meaning given to that term in the Privacy Act 1988 (Cth) (“Privacy Act”). In general terms, “personal information” is any information that can be used to personally identify you. Examples of personal information include names, addresses, email addresses and telephone numbers. If the information we collect personally identifies you, or you are reasonably identifiable from it, the information will be considered personal information.
We collect personal information only for the purposes of fulfilling your order. This may include your name, email address, phone numbers, home address and shipping details.
We may also use the information to assist in providing you with relevant information about our product and special offers that may be of interest to you but only if you subscribe to our newsletter.
We may also use personal information to perform credit checks, to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.
We may also collect some information that is not personal information because it does not identify you or anyone else. For example, we may collect anonymous answers to surveys or aggregated information about how users use our website.
3. How Do We Collect Your Personal Information?
We will collect your personal information directly from you unless it is unreasonable or impracticable to do so. When collecting personal information from you, we may collect that information in various ways, including when you:
- access or use our website;
- speak with one of our representatives;
- order products from us;
- contact us for information;
- require a refund or exchange;
- participate in surveys or research;
- enter a promotion;
- subscribe to newsletters or mailing lists;
- register your details on our website;
We may also collect personal information from third parties including from third party companies such as credit reporting bureaus, law enforcement agencies and other government entities..
If you do not provide us with the personal information described above, some or all of the following may happen:
- we may not be able to provide the requested products or services to you, either to the same standard or at all;
- we may not be able to provide you with information about products and services that you may want, including information about discounts, sales or special promotions; or
- we may be unable to tailor the content of our websites to your preferences and your experience of our websites may not be as enjoyable or useful.
4. Using Personal Information
We collect personal information about you so that we can perform our business activities and functions and to provide customer service.
We collect, hold, use and disclose your personal information for the following purposes:
- to complete sales transactions;
- to deal with queries or customer service issues;
- to keep you up-to-date with products, services, events and promotions that we think would be of particular interest through a variety of channels;
- to conduct business processing functions including providing personal information to our related entities, contractors, service providers or other third parties;
- for the administrative, marketing (including direct marketing), planning, product or service development, quality control and research purposes of LarNäu Treasures, its related entities, contractors or service providers;
- for planning, product development or research purposes;
- to process and respond to any complaint made by you; and
- to comply with any law, rule, regulation, lawful and binding determination, decision or direction of a regulator, or in co-operation with any governmental authority of any country (or political sub-division of a country).
We may send you direct marketing communications and information about our products and services that we consider may be of interest to you. These communications may be sent in various forms, including mail, SMS and email, in accordance with applicable marketing laws, such as the Spam Act 2003 (Cth). If you indicate a preference for a method of communication, we will endeavour to use that method whenever practical to do so. In addition, at any time you may opt-out of receiving marketing communications from us by contacting us (see the details below) or by using the opt-out facilities provided in the marketing communications. We will then ensure that your name is removed from our mailing list.
5. Pseudonyms and Anonymity
You have the option of using a pseudonym or remaining anonymous when dealing with us so as not to identify yourself fully to us. Please bear in mind, however, that we will be unable to provide certain services to you unless you disclose your correct identity.
6. Disclosing Personal Information
We only send or disclose your personal information to third party organisations when:
- we have your consent to share your information;
- we need to share your information in order to provide the product or service you have requested;
- we otherwise have a need to send your information to third party service providers; or
- we are required or authorised by law to disclose the information.
We may disclose your personal information to our employees, related entities, contractors or service providers for the purposes of operating our website or our business, fulfilling requests by you, and to otherwise provide products and services to you. Examples of the third party service providers that we disclose your personal information to include, without limitation, web hosting providers, IT systems administrators, mailing houses, couriers, payment processors, data entry service providers, electronic network administrators, debt collectors, and professional advisors such as accountants, lawyers, business advisors and consultants.
We may also disclose your personal information to suppliers and other third parties with whom we have commercial relationships, for business, marketing, and related purposes.
7. Our Website
This Privacy Policy also applies to the use of our website.
When you access our website, we may send a “cookie” (which is a small summary file containing a unique ID number) to your computer. This enables us to recognise your computer and greet you each time you visit our website without bothering you with a request to register. It also enables us to keep track of products or services you view so that, if you consent, we can send you news about those products or services. We may also use cookies to measure traffic patterns, to determine which areas of our website have been visited and to measure transaction patterns in the aggregate. We use this to research our users’ habits so that we can improve our online products and services. Our cookies do not collect personal information. If you do not wish to receive cookies, you can set your browser so that your computer does not accept them.
We may log IP addresses (that is, the electronic addresses of computers connected to the internet) to analyse trends, administer the website, track users movements, and gather broad demographic information.
As our website is linked to the internet, and the internet is inherently insecure, we cannot provide any assurance regarding the security of transmission of information you communicate to us online. We also cannot guarantee that the information you supply will not be intercepted while being transmitted over the internet. Accordingly, any personal information or other information which you transmit to us online is transmitted at your own risk.
Our website may contain links to other websites operated by third parties. We make no representations or warranties in relation to the privacy practices of any third party website and we are not responsible for the privacy policies or the content of any third party website. Third party websites are responsible for informing you about their own privacy practices.
8. Data Security
We are committed to ensuring the security of personal information and will take reasonable precautions to protect this information from loss, misuse or alteration and from unauthorised access, modification or disclosure.
We may hold your information in either electronic or hard copy form. Personal information is destroyed or de-identified when no longer needed or where we are no longer required by law to retain it (whichever is the later).
9. Data Location and Overseas Recipients
We may disclose your personal information for the purposes listed above to entities located outside of Australia, including:
- our data hosting and other IT service providers; and
- third party suppliers and service providers.
We take reasonable steps to ensure that the overseas recipients of your personal information do not breach the privacy obligations relating to your personal information.
10. Access and Correction
You may request access to any personal information we hold about you at any time by contacting us (see contact details below). Where we hold information that you are entitled to access, we will try to provide you with suitable means of accessing it (for example, by mailing or emailing it to you).
There may be instances where we cannot grant you access to the personal information we hold. For example, we may need to refuse access if granting access would interfere with the privacy of others or if it would result in a breach of confidentiality. If that happens, we will give you written reasons for any refusal.
If you believe that personal information we hold about you is incorrect, incomplete or inaccurate, then you may request us to amend it. We will consider if the information requires amendment. If we do not agree that there are grounds for amendment then we will add a note to the personal information stating that you disagree with it.
11. Complaints
If you believe that your privacy has been breached, please contact us using the contact information below and provide details of the incident so that we can investigate it.
We will treat your complaint confidentially. Our representative will contact you within a reasonable time after receipt of your complaint to discuss your concerns and outline options regarding how they may be resolved. We will aim to ensure that your complaint is resolved in timely and appropriate manner.
12. Policy Changes
We may make changes to this Privacy Policy from time to time for any reason, including without limitation in order to comply with any future amendments to the Privacy Act. Any updated versions of this privacy policy will be effective from the date of posting on our website.
13. Contact
If you have any questions about this Privacy Policy or if you have any concerns or a complaint regarding the treatment of your personal information, you should contact us at hello@larnau.com.au
Date of update
This Privacy Policy was last updated on 8th November 2023.