WEBSITE TERMS AND CONDITIONS

– DATED: THE 31st DAY OF JANUARY 2017 –

DUE TO THE WEBSITE BEING MANAGED BY ONE PERSON WHO WORKS FULL TIME,

ORDER FULFILLMENT  ONLY TAKES PLACE ON THE LAST SUNDAY OF EACH MONTH.

In these terms and conditions, “we” “us” and “our” refers to Umoja Jewellery. Your access

to and use of all information on this website including purchase of our product/s is provided

subject to the following terms and conditions. The information is intended for residents of

Australia only.

We reserve the right to amend this Notice at any time and your use of the website following

any amendments will represent your agreement to be bound by these terms and conditions as

amended. We therefore recommend that each time you access our website you read these

terms and conditions.

Our Website Services

1. Our services are provided to adults over the age of eighteen (18) years. By proceeding

to purchase through our website, you acknowledge that you are over 18 years of age.

2. All prices are in United States Dollars (USD) and are inclusive of GST. We endeavour to

ensure that our price list is current. Our price list can be accessed from our home page

and we reserve the right to amend our prices at any time. If you have placed an order,

we reserve the right to cancel your order should our prices change.

Product Descriptions

3. We strive to ensure that our products are described as accurately as possible on our

website, however we do not warrant that the description is accurate. Where we

become aware of any misdescription, we reserve the right to correct any error or

omission.

4. Images have been provided for illustrative purposes only and we do not guarantee that

any image will reproduce in true colour nor that any given image will reflect or portray

the full design or options relating to that product.

Product Orders

5. Our products are for sale to adults over the age of eighteen (18) years. By proceeding

to purchase through our website, you acknowledge that you are over 18 years of age.

6. We endeavour to ensure that our product list is current however we give no undertaking

as to the availability of any product advertised on our website.

7. All prices are in United States Dollars (USD) and are inclusive of GST. Our price list

can be accessed from our home page and we reserve the right to amend our prices at

any time.

8. Packaging and postage is dispersed from Byron Bay Australia, and sale includes free
   international shipping. Our weekly order fulfilment cycle is conducted between 8am-12pm Australian Eastern Standard Time (AEST). Orders placed after 12pm (i.e. 1pm AEST Monday) will be shipped the following order fulfilment cycle
9. When you order from us, we require you to provide your name, address for delivery,

your email address, telephone contact and credit card details. We undertake to take

due care with this information; however in providing us with such information you

accept that we are not liable for its misuse due to error in transmission or virus or

malware.

10. We undertake to accept or reject your order within 14 days. If we have not responded to

you within 14 days, your offer is deemed to be rejected. We are not required to give

reasons for rejecting your offer to purchase however the most likely reason for rejecting

your offer will be that we do not currently have that product in stock.

11. Once you have submitted an order, you may not cancel that order even if our

acceptance or rejection of your offer is still pending. Furthermore, by submitting an order & payment for said order via Paypal, you are agreeing to not flagging said transaction on Paypal. We have a 100% customer satisfaction goal, and if you do not receive some your items, or they arrive broken, we will make a 2^nd attempt to re-ship them to you. If there is an issue with said 2^nd attempt, instead of making a 3^rd attempt we will refund you the total USD dollar amount of the initial purchase. If you submit a claim on Paypal flagging a transaction, this withdraws USD dollars from our Paypal balance, and this negatively impacts our revenue stream, and ability to manage the enterprise. This because we lose money for orders that have already been shipped but have yet to arrive. For this reason, any transaction flagged on Paypal before attempting to reach out to our customer support will not be eligible for re-shipment or refund.

12. Delivery of your ordered product/s will be as set out on our website. Title in the goods

passes to you when we have received payment. Our terms of payment are set out on

the order page.

13. All risk of loss or damage to the goods passes to you when we despatch the goods. This applies after two-weeks of receiving your items. If any items after wearing them initially for the first time break (while this almost never happens), please contact us so we can resolve this.

Order Cancellation Due To Error

14. Where a product has been listed at the incorrect price or with incorrect descriptive

information or image due to typographical error or similar oversight, we reserve the

right to cancel a transaction. Where your credit card has been charged, we will

immediately refund your credit card for the total amount debited.

Product Returns

15. We undertake to replace you for any product delivered to you that is faulty or is in a

damaged condition. If you wish to return a faulty or damaged product, you must

notify us through our designated “contact us” webpage where we set out our

requirements relating to return of such items withing two weeks of recieveing said items.

16. If we are unable at the time of return to replace or exchange returned goods, we

undertake to reimburse your credit card for the amount initially debited for the purchase

including packaging and postage charges.

Site Access

17. When you visit our website, we give you a limited licence to access and use our

information for personal use.

18. You are permitted to download a copy of the information on this website to your

computer for your personal use only provided that you do not delete or change any

copyright symbol, trade mark or other proprietary notice. Your use of our content in

any other way infringes our intellectual property rights.

19. Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy,

reproduce, republish, distribute or display any of the information on this website

without our prior written permission.

20. The licence to access and use the information on our website does not include the right

to use any data mining robots or other extraction tools. The licence also does not

permit you to metatag or mirror our website without our prior written permission. We

reserve the right to serve you with notice if we become aware of your metatag or

mirroring of our website.

Hyperlinks

21. This website may from time to time contain hyperlinks to other websites. Such links

are provided for convenience only and we take no responsibility for the content and

maintenance of or privacy compliance by any linked website. Any hyperlink on our

website to another website does not imply our endorsement, support, or sponsorship of

the operator of that website nor of the information and/or products which they provide.

22. You may link our website without our consent. Any such linking will be entirely your

responsibility and at your expense. By linking, you must not alter any of our website’s

contents including any intellectual property notices and you must not frame or reformat

any of our pages, files, images, text or other materials.

Intellectual Property Rights

23. The copyright to all content on this website including applets, graphics, images, layouts

and text belongs to us or we have a licence to use those materials.

24. All trade marks, brands and logos generally identified either with the symbols TM or ®

which are used on this website are either owned by us or we have a licence to use them.

Your access to our website does not license you to use those marks in any commercial

way without our prior written permission.

25. Any comment, feedback, idea or suggestion (called “Comments”) which you provide to

us through this website becomes our property. If in future we use your Comments in

promoting our website or in any other way, we will not be liable for any similarities

which may appear from such use. Furthermore, you agree that we are entitled to use

your Comments for any commercial or non-commercial purpose without compensation

to you or to any other person who has transmitted your Comments.

26. If you provide us with Comments, you acknowledge that you are responsible for the

content of such material including its legality, originality and copyright.

Disclaimers

27. Whilst we have taken all due care in providing the information on our website, we do

not provide any warranty either express or implied including without limitation

warranties of title or implied warranties of merchantability or fitness for a particular

purpose.

28. To the extent permitted by law, any condition or warranty which would otherwise be

implied into these terms and conditions is excluded.

29. We also take all due care in ensuring that our website is free of any virus, worm, Trojan

horse and/or malware, however we are not responsible for any damage to your

computer system which arises in connection with your use of our website or any linked

website.

Statutory Guarantees and Warranties to Consumers

30. Schedule 2 of the Competition and Consumer Act 2010 (“C&C Act”) defines a

consumer. Under the C&C Act we are a supplier of either goods or services or both to

you, and as a consumer the C&C Act gives you statutory guarantees. Attached to the

Standard Terms and Conditions are:-

1. Schedule 2 of the C&C Act; and
2. those statutory guarantees, all of which are given by us to you if you are a

consumer.

31. If you are a consumer within the meaning of Schedule 2 of the C&C Act of our goods

or services then we give you a warranty that at the time of supply of those goods or

services to you, if they are defective then:-

1. We will repair or replace the goods or any part of them that is defective; or
2. Provide again or rectify any services or part of them that are defective; or
3. Wholly or partly recompense you if they are defective.
4. As a consumer under the C&C Act you may be entitled to receive from us notices under

Schedule 2 section 103 of the C&C Act. In that regard:-

1. If you are a consumer within the meaning of Schedule 2 of the C&C Act and

the goods or services we are providing relate to the repair of consumer goods

then we will give you any notice which we are obliged to give you under

Schedule 2 section 103 of the C&C Act.

1. If we are a repairer of goods capable of retaining user-generated data then we

hereby give you notice that the repair of those goods may result in the loss of

the data.

1. If we are a repairer and our practice is to supply refurbished goods as an

alternative to repairing your defective goods or to use refurbished parts in the

repair, then we give you notice that the goods presented by you to us for repair

may be replaced by refurbished goods of the same type rather than being

repaired. We also give you notice that we may use in the repair of your

goods, refurbished parts.

Limitation of Liability

33. If you are not a consumer within the meaning of Schedule 2 of the C&C Act then this

clause applies to you. If you are a consumer within the meaning of the C&C Act then

this clause has no effect whatsoever to in any way limit our liability or your rights. If

you are not a consumer:-

1. To the full extent permitted by law, our liability for breach of an implied

warranty or condition is limited to the supply of the services again or payment

of the costs of having those services supplied again.

1. We accept no liability for any loss whatsoever including consequential loss

suffered by you arising from services we have supplied.

1. We do not accept liability for anything contained in the post of a user or in any

form of communication which originates with a user and not with Us.

1. We do not participate in any way in the transactions between our users.

Indemnity

34. By accessing our website, you agree to indemnify and hold us harmless from all claims,

actions, damages, costs and expenses including legal fees arising from or in connection

with your use of our website.

Force Majeure

35.

“Force Majeure” means any act, situation, circumstance, or omission over which we could not reasonably have exercised control due to unprecedented events.

It is our obligation to inform you of said Force Majeure event, within 14 days of its initial occurrence.

If a Force Majeure event causes delays for more than 70 days, we will terminate this Agreement, and refund your order.

Jurisdiction

36. These terms and conditions are to be governed by and construed in accordance with the

laws of NSW and any claim made by either party against the other which in any way

arises out of these terms and conditions will be heard in NSW and you agree to submit

to the jurisdiction of those Courts.

37. If any provision in these terms and conditions is invalid under any law the provision

will be limited, narrowed, construed or altered as necessary to render it valid but only to

the extent necessary to achieve such validity. If necessary the invalid provision will be

deleted from these terms and conditions and the remaining provisions will remain in

full force and effect.

Privacy

38. We undertake to take all due care with any information which you may provide to us

when accessing our website. However we do not warrant and cannot ensure the security

of any information which you may provide to us. Information you transmit to us is

entirely at your own risk although we undertake to take reasonable steps to preserve

such information in a secure manner.

39. Our compliance with privacy legislation is set out in our separate Privacy Policy which

may be accessed from our home page.

These Terms and Conditions have been specifically drafted for, and provided to Umoja

Jewellery by LawLive Pty Ltd (www.lawlive.com.au).