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Smales Jewellers Website Terms of Use & Privacy Policy

Terms of Use

1. Introduction

Please read these website terms of use carefully before using this website as they govern your use of the website. This website is operated by Hanneby Pty Ltd ACN 058 201 808 of 143 Rokeby Road Subiaco, Perth Western Australia 6008 (“we”, “us” or “our”).

2. By using our website you accept this website terms of use

By using this website, you accept these website terms and you agree to comply with it. If you do not agree to these website terms of use, please refrain from using this website.
We recommend that you print a copy of this website terms of use for future reference.
We may amend the terms of website use from time to time. Every time you wish to use our website, please check to ensure you understand which website terms applies at that time.

Rolex Section - Terms of Use

While navigating on the Rolex section of our website, you may interact with an embedded website from www.rolex.com. In such case, Privacy Notice and Cookies Policy of www.rolex.com are sole applicable.

3. Other terms that may apply to you

Our Private Policy terms will also apply to your use of our website:

4. Our website is directed to users in Australia

Our website is directed to users located in Australia. Content or products and services which are available on or through our website may not be appropriate for use or available in other locations.

5. You must keep your account details safe

If you create a user account with us via this website, you must treat your confidential information as confidential in order to keep it safe. You must not disclose that information to any other person.
If you know or suspect that anyone other than you knows your username and password and they are not authorised by you to use it, you must promptly notify us by email: orders@smales.com.au
We have the right to disable any user account at any time, if in our reasonable opinion you have failed to comply with any of the provisions of this website terms of use.

6. Ownership of rights on our website

Unless otherwise indicated, we are the owner or the licensee of all content on our website and in the material published on it including the trade marks, sounds, images, product designs,text, software, software code, interfaces, website structure, videos and copyright works and materials displayed on it, its layout and design (“our intellectual property rights”). Our intellectual property rights may not be copied, imitated or used by you, in whole or in part, without the prior written permission from us or our licensors. We take our intellectual property rights seriously and will enforce our rights to the fullest extent permitted by applicable law.

You must not use any part of the content on our website for commercial purposes without first obtaining a written licence to do so from us or our licensors.

You may print or download an extract of any page(s) from our website for your personal use only or draw the attention of others to our website but you must not modify any printed or digital copies of any pages of our website or use any illustrations, photographs, trade marks, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our website must always be acknowledged. By submitting information (other than your personal information), text, photos, graphics or other content to our website you confirm that you have the right to use the same and grant us a right to use such materials at our own discretion (with or without accreditation) in any media including, without limitation, to edit, copy, reproduce, disclose, post and remove such materials from our website. You further agree to execute all such documents and do all such acts and things as we may reasonably require in order to assign any such rights to us and to waive any moral rights you acquire in or to our website.
If you breach these website terms of use, your rights to use our website or any of its content will cease immediately and you must, at our option and at your expense, return to us or destroy any copies of the content that you have.

7. Disclaimer

Nothing in this website terms of use limits our liability for personal injury or death caused by our negligence, fraud or any matter that cannot be limited or excluded by law. Nothing in this website terms of use will affect your statutory rights. Any products we supply to you will be of satisfactory quality. If we deliver a product to you that is not of satisfactory quality, you can contact us for a repair or replacement or, where this is not possible, for a refund.

We are only responsible for losses that are a natural, foreseeable consequence of our breach of this website terms of use and we will not be liable to you if we are prevented or delayed from complying with our obligations under this website terms of use or applicable law by anything you (or anyone acting on your behalf) does or fails to do or due to events which are beyond our reasonable control.

You must follow any advice we give you to keep products we supply to you safe (including any instructions or product manuals provided with the products). We cannot accept liability for damage to products we have supplied which is caused by your failure to follow this advice.

In any event we will not be liable for any losses related to any business of yours including (without limitation) lost data, lost profits, lost revenues or business interruption. Although we make reasonable efforts to update the information on our website, we make no representations, warranties or guarantees, whether express or implied, that the content on our website is accurate, complete or up to date, except for those warranties, representations or guarantees contained or referred to in the Australian Consumer Law, or that may not otherwise be legally excluded. The views expressed in user generated content are the opinions of those users and do not represent our views, opinions, beliefs or values or any of our group companies.

To the extent permitted by applicable law, we accept no responsibility or liability whatsoever arising from your use of this website or its content, except to the extent that you suffer damage, loss or expense as a result of a breach by us of the Australian Consumer Law, or other applicable consumer laws, or as a result of our negligence or wilful misconduct.

We do not guarantee that our website will be secure or free from bugs or viruses.

To the extent permitted by applicable law, we reserve the right to interrupt or discontinue any or all of the functionalities of this website at any time. We accept no responsibility or liability whatsoever for any interruption or discontinuance of any or all functionalities of this website, irrespective of whether this is the result of actions or omissions by us or one of our affiliates or of a third party, except to the extent that you suffer damage, loss or expense as a result of a breach by us of your Australian Consumer Law, or other relevant consumer laws, or as a result of our negligence or wilful misconduct.

We have taken reasonable precautions to try to ensure that prices quoted on our website are correct at the time of viewing and that all products have been fairly described. However, when ordering products or services through our website, please note that:

  • orders will only be accepted if there are no material errors in the description of the goods or services or their prices as advertised on this website;
  • all prices are displayed in your local currency and local taxes where applicable unless expressly indicated otherwise;
  • these prices may fluctuate due to the Australian dollar value
  • packaging may vary from that shown on our website;
  • the weights, dimensions and capacities shown on our website are approximate only;
  • whilst we try to display the colours of our products accurately on our website, the actual colours you see will depend on your monitor and we cannot guarantee that your monitor’s display of any colour will accurately reflect the colour of the product on delivery; and
  • all items are subject to availability. We will inform you as soon as possible if the product(s) or service(s) you have ordered are not available and we may offer alternative product(s) or service(s) of equal or higher quality and value.

8. Links to and from other websites

Where our website contains links to other websites, plugins, applications or resources provided by third parties, these links are provided for your information only and are not any indication of approval by us of those linked websites or information that you may obtain from them. We have no control over the content of those other websites, plugins, applications or resources, and we are not responsible for them.
You may link to our website, provided you do so in a way that is fair and legal and does not damage our reputation or take unfair advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part unless we have agreed to that.
We reserve the right to withdraw linking permission without advance notice to you.

9. How we may use your personal information

Our use of your personal information is set out in our Privacy Policy, here.

10. User conduct

You agree that the information or material you upload or transmit to our website is accurate, lawfully provided and not misleading.
You must not misuse our website or use it in any way that infringes the rights of anyone else or by spamming or introducing viruses, trojans, worms, logic bombs, or other material that is malicious or technologically harmful or restricts anyone else’s enjoyment of our website. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site or crawl, frame, edit or broadcast our website. You must not attack our website via a denial-of-service attack or a distributed denial-of service attack. We will report any breach of this provision to the relevant law enforcement and you accept responsibility for your actions and the actions of persons that you authorise to act for you.

11. Governing law and jurisdiction

These website terms of use shall be governed by and construed in accordance with the laws of Victoria, Australia. Disputes arising in connection with these website terms of use shall be subject to the exclusive jurisdiction of the courts of Victoria, Australia.


Privacy Policy

1. Privacy Statement

1.1 Smales Jewellers respects your privacy and is committed to protecting your personal information. Our privacy policy outlines our approach to privacy and how we collect, use and protect your personal information. It also sets out your rights in relation to accessing the personal information we collect and hold about you. We are bound by the Australian Privacy Principles (or APP’s) in the Privacy Act 1988 (Cth).

1.2 Personal information is defined in the Privacy Act 1988 (Cth) and means information or an opinion about an identified individual, or an individual who is reasonably identifiable.

1.3 Our Website may contain links to third party websites. We are not responsible for the privacy policies of any third party websites. We recommend that you review the privacy policy of each website you visit.

Rolex Section - Privacy Policy

While navigating on the Rolex section of our website, you may interact with an embedded website from www.rolex.com. In such case, Privacy Notice and Cookies Policy of www.rolex.com are sole applicable.

2. Collection of Personal Information

2.1 Smales Jewellers only collects personal information for the purposes of conducting our business as a jewellery retailer and providing a better, more targeted service to our customers. The personal information we collect from you will include information you give us when you:

(a) register or subscribe to our mailing list;

(b) complete a transaction with us; or

(c) contact us via email or phone

2.2 The personal information that we collect on individuals may include, but is not limited to:

(a) your name;

(b) your contact details including your email, home address and billing address;

(c) your product preferences

(d) your birthday, age bracket and gender

(e) your payment details; and

(f) other personal information that we collect in the course of a transaction or that you provide to us when you contact us.

2.3 We may collect personal information from individuals who are not customers of our business but whose personal information is given to us by those individuals via our Website or in the course of a transaction

2.4 Where reasonably practicable, we attempt to collect information directly from individuals. When we collect information, we will generally explain to the individual why we are collecting it, who we give it to and how we will use or disclose it or, alternatively, those matters will be obvious from the circumstances.

2.5 If we collect information about an individual from someone else, we will take reasonable steps to ensure that the individual is made aware of the matters listed in clause 2.4.

2.6 We will collect personal information from you by lawful and fair means and not in an unreasonably intrusive way.

2.7 When you visit our Website, we use cookies to enhance and manage our website and improve our business and the services we provide to you. By using the website and agreeing to this policy, you grant us permission to place and store cookies on your browser. Cookies may be used by us to collect the following information:

(a) your computer's operating system;

(b) your computer's browser type and capabilities;

(c) your computer's Internet Protocol (IP) address and geolocation;

(d) web pages visited, including how you were referred to each web page; and

(e) web page usage statistics, including the time spent on each web page.

In addition, third parties may place and read cookies on your browser, or use web beacons or similar technologies to collect information.

Cookies can be managed by accessing the individual settings in your browser.

2.8 We will not identify users or their browsing activities, except where required by law or in accordance with our Terms and Conditions of Use and Sale.

Rolex Section - Cookies Policy

While navigating on the Rolex section of our website, you may interact with an embedded website from www.rolex.com. In such case, Privacy Notice and Cookies Policy of www.rolex.com are sole applicable.

3. Using and Disclosing Your Personal Information

3.1 We will generally use or disclose your personal information only for the primary purpose for which it was collected; or for a related secondary purpose where you would reasonably expect us to use or disclose the personal information for that secondary purpose. We may otherwise use and disclose your personal information if you have given us consent for the use or disclosure or it is required or authorised by law.

3.2 Generally, we use and disclose your personal information for the purpose of providing you with the goods or services that you have requested, or otherwise to enable us to carry out our business as a retailer of goods and services.

3.3 If those purposes for which we have collected the information involve providing personal information about an individual to any third party, we will take appropriate and reasonable steps to ensure any personal information is protected.

3.4 We will generally only use personal information for marketing if you have given express or implied consent or it is impracticable to seek consent before this use.

3.5 When registering with Smales Jewellers, you consent to Smales Jewellers using your personal information, such as your email address, for direct marketing purposes. This includes sending you marketing emails. You may opt out of receiving these direct marketing communications at any time. Our electronic marketing activities will comply with the requirements of the Spam Act 2003 (Cth).

3.6 We will not share your information with third parties other than those that provide services to us, including third parties that provide our payment gateway, marketing, logistics and technology support services.

4. Security of Your Personal Information

We take steps to protect the personal information we hold against loss, unauthorised access, use, modification or disclosure and against other misuse. When no longer required, personal information is destroyed in a secure manner or deleted.

5. Access to Your Personal Information and Complaints Procedure

5.1 Under the Privacy Act 1988 (Cth), you have certain rights to access the personal information we collect and hold about you.

5.2 Generally, subject to the exceptions of APP 12.3, we will allow an individual access to the personal information we hold about them within a reasonable time after it is requested. When requesting such access please identify the precise type/s of information requested.

You may make a request by writing to us at: Privacy Inquiries, Smales Jewellers, 143 Rokeby Road, Subiaco, 6008 or by email, orders@smales.com.au.

5.3 We take those steps reasonable in the circumstances to ensure that the personal information that we collect, use and disclose is accurate, up to date and complete. Where an individual requests to correct information, we will take reasonable steps to correct the information, having regard to the purpose for which it is held. You may lodge a request to correct personal information in the manner outlined in clause 5.2 above.

5.4 To make a complaint about a breach of the Australian Privacy Principles, which includes how we handle your personal information, you may contact us at the addresses provided in clause 5.2 above. We will endeavor to respond to your complaint within a reasonable time after it is received. If you are not satisfied by our response, you may acquire further information regarding privacy from the Office of the Australian Information Commissioner.

Privacy Policy last updated on March 2014.