General Terms
General Terms And Conditions Of Purchase
Australian Consumer Law Requirements
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
to cancel your service contract with us; and
to a refund for the unused portion, or to compensation for its reduced value.
You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done, you are entitled to a refund for the goods and to cancel the contract for the service and to obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
In addition to the rights conferred by the Australian Consumer Law, the express warranties and policies set out in these General Terms And Conditions Of Purchase apply.
1. Change of Mind Policy
Our Change of Mind Policy does not apply to:
earrings
resized rings
engraved items
special, custom or made to order items.
If for any reason you change your mind about any eligible purchase, we will gladly refund the purchase price, provided:
you return the goods within 30 days of purchase (or delivery in the case of online orders)
the goods are in As New Condition and accompanied by:
proof of purchase
original packaging
with all paperwork (such as diamond certificates or watch instruction booklets).
'As New Condition' means that the item must not have been worn; the item must be in pristine condition with no damage, scratches, or signs of wear. Determination of an item matching the definition of 'As New Condition' is at the sole discretion of Michael Hill.
You will be responsible for the post and/or shipping costs (including customs and duties costs if applicable) to return your items to Michael Hill.
Our Change of Mind Policy is in addition to, and in no way limits, your legal entitlement and existing rights under Australian Consumer Law.
Should you wish to contact us with any queries in relation to our Change of Mind policy, or wish to arrange return of an eligible Change of Mind Policy item by post, we can be contacted at:
Michael Hill
Postal address: 34 Southgate Avenue, Cannon Hill QLD 4170. Australia
Telephone: 1800 445 590 (or +61 1800 445 590 if calling from outside Australia)
Email: online@michaelhill.com.au
2. Special and Custom Orders (instore purchases)
Michael Hill’s Change of Mind Policy does not apply to earrings, resized rings (whether resized as part of the purchase or after purchase), engraved products, or special, custom or made to order items.
For instore purchases where the components of the product/s will be ordered, and manufactured, specifically for the Customer (for example, where a specific size or metal type for goods has been requested by the customer, or the goods have been resized, designed or engraved at the customer's request) (“special or custom order”):
Title to and property in the product/s will not pass to the Customer until the full purchase price has been paid.
If the order is cancelled or terminated for any reason, Michael Hill may deal with the product/s in any way it chooses in its absolute discretion which may include selling or destroying the product/s, and the Customer will have no claim to them.
Customer must pay 25% of the purchase price as a non-refundable deposit, or any lesser sum if Michael Hill agrees in writing; Michael Hill will not order the components or undertake any manufacturing until the non-refundable deposit has been paid.
Full purchase price must be paid within 14 days of notification the product/s is available for collection. If not so paid, Michael Hill may cancel the order.
If Customer wishes to cancel the order, Michael Hill may elect to refund all amounts paid except the non-refundable deposit unless Michael Hill’s losses exceed the value of the non-refundable deposit.
3. Made to Order (online purchases)
Michael Hill’s Change of Mind Policy does not apply to earrings, resized rings (whether resized as part of the purchase or after purchase), engraved products, or special, custom or made to order goods.
For online purchases where the components of the product/s will be ordered, and manufactured, specifically for the Customer (for example, where a specific metal type for goods has been requested by the customer, or the goods have been designed at the customer's request) (“made to order”):
the full purchase price must be paid at the time of order;
once Michael Hill has accepted the customer’s offer to purchase the goods, customer cannot cancel the order;
Michael Hill will deliver the goods to the address nominated by the customer within a reasonable time.
4. Layby
The layby Agreement will be subject to a non-refundable administration fee of $15 which is inclusive of taxes. Title to and property in the goods will not pass to the Customer until the purchase price has been paid in full. The purchase price must be paid within three (3) months of the date of the Agreement. The layby Agreement may be terminated by the Customer prior to the expiration of the three (3) month period by attending at the store the layby was placed with and presenting the layby Agreement. All monies received, less the administration fee will be refunded to the Customer (unless: (a) the Customer has terminated the layby Agreement due to Michael Hill's breach, in which case the administration fee will also be refunded; or (b) the layby is for a special or custom order in which case the Customer will also forfeit the special order non-refundable deposit). If the full purchase price is not tendered by the due date, then the layby Agreement will terminate unless the Customer remedies its breach within 14 days of the date on which Michael Hill gives notice to remedy to the Customer. If the layby Agreement is terminated in these circumstances all payments, less the administration fee, will be refunded upon request from the Customer. On termination of the layby Agreement Michael Hill may deal with the goods in any way it chooses in its absolute discretion which may include selling or destroying the goods, and the Customer will have no claim to the goods.
Refunds will only be made to the debit/credit card used for the original purchase. Refunds of cash payment will only be paid by cheque to the owner of the layby account.
5. Warranties offered by Michael Hill
Michael Hill offers a 12 month limited jewellery warranty and a 3 year limited watch warranty. The business providing these limited warranties is Michael Hill Jeweller (Australia) Pty Ltd, which can be contacted at:
Postal address: 34 Southgate Avenue, Cannon Hill QLD 4170. Australia
Telephone 1800 445 590 (or +61 1800 445 590 if calling from outside Australia)
Email: online@michaelhill.com.au
5.1 12 month limited jewellery warranty
All Michael Hill jewellery comes with an exclusive 12 month limited warranty of quality and workmanship from the date of purchase. To make a claim under this warranty, simply bring the item purchased and the relevant Michael Hill receipt into any of our nationwide stores within 12 months from the date of purchase.
Where the jewellery requires repair or replacement because it is of unacceptable quality or because of major failure then:
if the cost of returning the jewellery to a Michael Hill store is significant because of the nature of the failure or because of the size or weight of the jewellery, we will collect the jewellery from you within a reasonable time; and
if the cost of returning the jewellery to our store is not significant, you are responsible for this cost. You are however entitled to compensation for reasonably foreseeable costs incurred because of the defect, including the cost of returning the jewellery to us for repair, replacement or return.
Damage resulting from the mistreatment of jewellery is not covered by this warranty. If the item purchased is not of an acceptable quality in the reasonable opinion of a qualified jeweller, we will refund, exchange or repair your purchase.
Nothing in the above warranty is intended to exclude or restrict the application of the Competition and Consumer Act 2010 and the Australian Consumer Law, including any warranties or guarantees that cannot be excluded. Please refer to the first paragraph of these General Terms And Conditions Of Purchase for further information in that regard.
5.2 3 year watch limited warranty
All Michael Hill watches are covered by a 3-year international limited warranty.
The warranty covers all manufacturing defects in material and workmanship for 3 years from the date of purchase. Within this period, regulation, adjustments, repair or replacement of parts will be performed without charge. The warranty does not cover parts or repairs for damage caused by accidents or mistreatment as reasonably determined by Michael Hill in its assessment of the watch.
The warranty does not cover the cost of pressure testing the watch or any other additional service carried out at the same time as work performed under the warranty. For quality service and repairs to your Michael Hill watch, just drop it off or send it with proof of purchase and your customer details (name, address and telephone number) to a Michael Hill store in Australia, New Zealand or Canada or see the contact details under section 4 of these General Terms And Conditions Of Purchase.
Where the watch requires repair or replacement because it is of unacceptable quality or because of major failure then:
if the cost of returning the watch to a Michael Hill store is significant because of the nature of the failure or because of the size or weight of the watch, we will collect the watch from you within a reasonable time; and
if the cost of returning the watch to our store is not significant, you are responsible for this cost. You are however entitled to compensation for reasonably foreseeable costs incurred because of the defect, including the cost of returning the watch to us for repair, replacement or return.
Nothing in the above warranty is intended to exclude or restrict the application of the Competition and Consumer Act 2010 and the Australian Consumer Law, including any warranties or guarantees that cannot be excluded. Please refer to the first paragraph of these General Terms And Conditions Of Purchase for further information in that regard.
5.3 Seiko Watches
Warranties on Seiko watches are provided by Seiko Watch Corporation, details on the warranty and how to make a claim can be found at here.
Nothing in the above warranty is intended to exclude or restrict the application of the Competition and Consumer Act 2010 and the Australian Consumer Law, including any warranties or guarantees that cannot be excluded. Please refer to the first paragraph of these General Terms And Conditions Of Purchase for further information in that regard.
5.4 Michael Hill Lifetime Diamond Warranty (excludes online orders delivered to an address outside Australia)
Online orders delivered to an address outside Australia are excluded from, and ineligible for, Michael Hill’s Lifetime Diamond Warranty.
To provide our customers with peace of mind when purchasing a Michael Hill diamond, our Diamond Promise is applied to all diamonds with a retail price in excess of $999AUD. The Michael Hill Lifetime Diamond Warranty is a part of the Diamond Promise.
The business providing the Michael Hill Lifetime Diamond Warranty is Michael Hill Jeweller (Australia) Pty Ltd, which can be contacted at:
Postal address: 34 Southgate Avenue, Cannon Hill QLD 4170. Australia
Telephone 1800 445 590 (or +61 1800 445 590 if calling from outside Australia)
Email: online@michaelhill.com.au
What is covered?
The following items are covered under this warranty for the Owner's Lifetime or the Product's Lifetime whichever is shorter:
We will replace, free of charge, any diamond covered by this warranty if it chips, breaks, or is lost from its original setting during normal wear. This includes the labour and materials necessary to set the replacement diamond ('normal wear' is damage that naturally and inevitably occurs as a result of normal wear or aging. It is not damage from a knock or a blow);
The diamond content of the item is guaranteed to be a natural diamond with each of the characteristics stated in the Certificate of Authenticity; and
The metal content of the item is guaranteed to be the stated purity on the Certificate of Authenticity.
How can you make a claim?
To make a claim under this warranty, the following conditions must be met:
In order to make a claim with Michael Hill in relation to our Michael Hill Lifetime Diamond Warranty, you must provide Michael Hill with an original certificate of authenticity for that item. The certificate of authenticity must be fully completed and signed on behalf of Michael Hill by an authorised person at the time of purchase. If the certificate of authenticity has been altered in any fashion, the contractual warranty is void to the maximum extent permitted by law.
The lifetime requirements as identified in the ‘What is covered?’ in section 5(a) of these General Terms And Conditions Of Purchase must be met.
The product must be inspected at 6 month intervals by an authorised Michael Hill staff member in a Michael Hill store with the details of each inspection being recorded on the warranty document.
Any Comments/Required Maintenance entered by a Michael Hill staff member onto the warranty document must be completed at the time of inspection and recorded as completed on the warranty document.
In the event of a claim under this warranty, you must allow an authorised Michael Hill representative to:
Examine the original Certificate of Authenticity and Lifetime Diamond Warranty;
Inspect the jewellery and any gemmological evaluation on which the claim is based;
Remove the diamond from the jewellery for gemmological examination; and/or
Have the diamond and/or gold content examined by an independent gemmological laboratory.
The condition of the diamond will be determined by examination under no greater than 10x magnification and by standard gemmological techniques.
Terms and conditions
Where a diamond covered by the Diamond Promise requires repair or replacement because it is of unacceptable quality or because of major failure then:
if the cost of returning the diamond to a Michael Hill store is significant because of the nature of the failure or because of the size or weight of the diamond, we will collect the diamond from you within a reasonable time; and
if the cost of returning the diamond to our store is not significant, you are responsible for this cost. You are however entitled to compensation for reasonably foreseeable costs incurred because of the defect, including the cost of returning the diamond to us for repair, replacement or return.
If we have provided you with a plot or diagram mapping the interior or exterior features of the diamond, that plot or diagram has been provided for identification purposes only and the presence or absence of a feature on the plot or diagram will not be covered by the warranty.
In honouring this warranty, Michael Hill will replace the diamond or gold content which meets the characteristics warranted on the Certificate of Authenticity.
Nothing in the Michael Hill Diamond Promise and Michael Hill Lifetime Diamond Warranty is intended to exclude or restrict the application of the Competition and Consumer Act 2010 and the Australian Consumer Law, including any warranties or guarantees that cannot be excluded. Please refer to the first paragraph of this these General Terms And Conditions Of Purchase for further information in that regard.
Definitions
In this section 5 of these General Terms And Conditions Of Purchase, the following terms have the following meanings:
Diamond: the diamond/s identified in the Certificate of Authenticity document.
Metal Content: the metal content identified in the Certificate of Authenticity document.
Owner Lifetime: the lifetime of the individual purchasing the product or the lifetime of the first person the product is gifted to. Owner lifetime ceases if ownership of the product is subsequently transferred to another party.
Product Lifetime: the reasonable lifetime of the product. This lifetime ceases at the point where the product is altered from its original form as described in the Certificate of Authenticity.
6. Professional Care Plan
The Michael Hill Professional Care Plan offers you peace of mind protection on your valued purchase. Professional Care Plans are available in either a three year or ten year plan. The terms and conditions of the Professional Care Plan can be accessed here.
7. 3 Month Repair Guarantee
All Michael Hill repaired goods come with an exclusive 3 month guarantee on quality of workmanship from the date such goods are collected from Michael Hill. If you are not completely satisfied with the quality of workmanship of any repaired item, simply bring your repaired item and the relevant Michael Hill receipt to the Michael Hill store where the goods were left for repair. If the workmanship of your item is not of an acceptable quality in the reasonable opinion of a qualified jeweller, we will refund the repair cost or repair the item again. Damage resulting from the mistreatment of jewellery is not covered by this guarantee. Our Change of Mind policy does not apply to repair services.
8. Insurance Claims
The invoice is addressed and issued to the relevant insurer. There is no refund or exchange for insurance items for Change of Mind. Refunds for other valid reasons will only be to the extent of the amount paid by the Customer.
Refunds will only be made to the debit/credit card and/or finance account used for the original purchase.
9. Engraving services
Michael Hill may offer engraving services on selected products when purchased at selected locations. Engraving white gold products may result in inconsistent colouring between the engraved and non-engraved surfaces; re-rhodium plating will remove the engraving – Michael Hill does not offer a re-engraving service. Engraving options may be limited to certain fonts (including size) and characters. Michael Hill will not engrave any words or characters that may: contain any objectionable content, profanity, or potentially insulting, offensive, inflammatory or defamatory statements; depict unlawful or illegal activity; damage or have the potential to damage the goodwill or reputation of Michael Hill; violate the intellectual property or any other right of any third party.
Resizing or altering a previously engraved product may not be available for specific products, and may impact the engraving finish. Reach out to our Customer Service team if you have any questions.
10. Click and Collect
Click & Collect is a free service available at selected Michael Hill stores - subject to stock availability at your selected store. These terms and conditions apply when you order items on the Michael Hill website and you choose Click & Collect as the delivery method.
Payment for Click & Collect items will be taken at the time of order. Title in the items will pass to you when Michael Hill has received full payment in respect of the order, and risk will pass to you upon collection.
Engraving and resizing is not available for Click & Collect, however you may arrange engraving and resizing for an additional charge. when you visit us in-store to collect your item
Please allow 48 hours to receive notification your order is ready for collection. You will receive an email to confirm your order is available for collection at your selected store. Visiting your nominated store prior to receiving that email collection confirmation may result in your item not being available when you arrive.
To collect an order, you must be the person specified in the order confirmation and present photo identification. Once you have received the email collection notification, simply bring that notification and an acceptable form of photo identification into the chosen Michael Hill store, within one month. Our Team Members are unable to give you your order unless you can show that collection confirmation and your photo identification. A signature may be required upon collection.
The Michael Hill store you selected to collect your order will hold onto your order for a period of one month from the date of receiving the email collection notification. If you do not collect your order within that one month period, your order will be cancelled, and all monies paid will be refunded to the card used to pay for the order. Title in the items will pass to Michael Hill when the refund monies have been paid by Michael Hill.
Michael Hill’s Change of Mind Policy applies to your order, and the 30-day change of mind policy period will be calculated from the date you receive the email collection notification.
11. Repairs
Michael Hill Jeweller (Australia) Pty Ltd (Michael Hill) agrees to undertake the works (Services), to the watch and/or jewellery items (Item/s) deposited at the Michael Hill store (Store), as described on the opposite page, in accordance with these terms and conditions (Terms). You represent to Michael Hill that you own the Item/s and agree to pay Michael Hill for the Services, in accordance with these Terms.
When the Services have been completed and the Item/s returned to the Store, Michael Hill will take reasonable steps to contact you on the contact details below (at Michael Hill’s cost) to notify they are available for collection. It is your responsibility to ensure the contact details provided are accurate and remain current. The Item/s will be held at the Store for a period of 12 months from the date of deposit (Storage Period).
As consideration for Michael Hill undertaking the Services, holding the Item/s and taking such steps to contact you (at its cost) as well as conferring the rights pursuant to these Terms, if an Item remains uncollected at the expiry of the Storage Period, equitable and legal ownership of the Item transfers to Michael Hill. If this occurs Michael Hill will be the sole owner of the Item and enjoy all associated rights and benefits including keeping, repurposing, disposing, destroying, or selling the Item (or components of it) in any way it sees fit and without notice, and you will have no claim to that Item.
To the maximum extent permitted by law, Michael Hill excludes all liability for any loss or damage caused to the Item/s arising from acts or defaults (including negligence or fraud) or any mistake or omission. To the maximum extent permitted by law, you waive any right of action for negligence or breach of duty which you may have against Michael Hill or any other person or contractor engaged by Michael Hill or any director, employee, officer or agent thereof.
If any statutory guarantees under the Australian Consumer Law (ACL) apply (ACL Guarantees), they are not excluded, restricted or modified. If Michael Hill has liability for a breach of an ACL Guarantee, where it would be permitted by law, Michael Hill’s liability is limited to (at its sole discretion) the resupply of the services or payment of the cost of supplying the services again.
By depositing the Item/s with Michael Hill, and signing these Terms below, you:
(a) represent and warrant that you are the owner of the Item/s and you agree to these Terms and, if you are not the original purchaser of the Item/s, that original purchaser gifted you the Item/s; and
(b) indemnify and hold harmless Michael Hill for relying on your representation that you are the owner of the Item/s; and
(c) authorise Michael Hill to undertake the Services, and otherwise exercise its rights under these Terms; and
(d) undertake to pay Michael Hill the full amount payable prior to or upon collection of the Item/s; and
(e) will collect the Serviced Item/s within a reasonable time of Michael Hill taking reasonable steps to notify you they are available for collection (in any event within 12 months); and
(f) acknowledge and agree that:
(i) Michael Hill may, in its sole discretion forward the Item/s to a jeweller not employed by it; and
(ii) while all reasonable care is taken by Michael Hill, subject to these Terms and applicable law, Michael Hill bears no responsibility for any and all Item/s; and
(g) acknowledge that once an Item has been altered or repaired in any way, it is no longer in “As New Condition” and the Change of Mind Policy will no longer apply to that Item.
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