TERMS & CONDITIONS

00. PREFACE
THE WEBSITE WWW.MOLDAVITEARTEFACTS.COM (SITE) IS OPERATED BY MOLDAVITE ARTEFACTS PTY LTD.

YOUR ACCESS AND USE OF THE SITE IS CONDITIONAL UPON YOUR ACCEPTANCE AND COMPLIANCE WITH THE TERMS, CONDITIONS, NOTICES, AND DISCLAIMERS CONTAINED IN THIS DOCUMENT AND ELSEWHERE ON THE SITE (COLLECTIVELY, THE TERMS).

MOLDAVITE ARTEFACTS RESERVES THE RIGHT TO AMEND ANY PART OF THE TERMS AT ANY TIME WITHOUT PRIOR NOTICE. YOUR CONTINUED USE OF THE SITE AFTER SUCH CHANGES CONSTITUTES YOUR ACCEPTANCE OF THE VARIATIONS. YOU SHOULD REVIEW THE TERMS PERIODICALLY.

IF YOU VIOLATE THE TERMS, MOLDAVITE ARTEFACTS MAY IMMEDIATELY TERMINATE YOUR RIGHT TO USE AND ACCESS THE SITE.

01. INTELLECTUAL PROPERTY

THE CONTENT OF THE SITE, INCLUDING ALL INFORMATION, DATA, TEXT, GRAPHICS, IMAGES, SOUND FILES, SOFTWARE, ADVERTISEMENTS, AND OTHER MATERIAL (CONTENT), IS AND REMAINS AT ALL TIMES THE PROPERTY OF MOLDAVITE ARTEFACTS AND ITS LICENSORS AND IS PROTECTED BY AUSTRALIAN AND INTERNATIONAL COPYRIGHT LAW.

THE CONTENT MUST ONLY BE USED IN ACCORDANCE WITH THE TERMS AND ANY ADDITIONAL TERMS AND CONDITIONS SPECIFIED BY THE LICENSORS OF THE CONTENT. IN PARTICULAR, YOU MUST NOT:

  • DOWNLOAD, REPUBLISH, RETRANSMIT, REPRODUCE, OR OTHERWISE USE ANY ITEM OF THE CONTENT AS A STAND-ALONE FILE;

  • MODIFY OR OTHERWISE MAKE DERIVATIVE WORKS OF THE SITE OR THE CONTENT;

  • REMOVE OR MODIFY ANY COPYRIGHT, TRADEMARK, OR OTHER PROPRIETARY NOTICES THAT HAVE BEEN PLACED IN THE CONTENT;

  • USE ANY DATA MINING, ROBOTS OR SIMILAR DATA GATHERING OR EXTRACTION METHODS; NOR

  • USE THE SITE OR THE CONTENT OTHER THAN FOR ITS INTENDED PURPOSE.

ALL NAMES, LOGOS, AND TRADEMARKS ARE THE PROPERTY OF MOLDAVITE ARTEFACTS. NOTHING ON THE SITE SHOULD BE CONSTRUED AS GRANTING ANY LICENSE OR RIGHT TO USE ANY NAME, LOGO, OR TRADEMARK WITHOUT THE EXPRESS PRIOR PERMISSION OF MOLDAVITE ARTEFACTS OR THE RELEVANT CONTRIBUTOR.

02. USE OF SITE

YOU MUST NOT USE THE SITE IN ANY MANNER OR FOR ANY PURPOSE THAT IS UNLAWFUL, VIOLATES ANY RIGHT OF MOLDAVITE ARTEFACTS, PROHIBITED BY THE TERMS, OR POTENTIALLY DETRIMENTAL TO THE IMAGE OR REPUTATION OF MOLDAVITE ARTEFACTS. IN PARTICULAR, YOU MUST NOT:

  • DISRUPT OR INTERFERE WITH THE SITE OR THE CONTENT;

  • DISRUPT OR INTERFERE WITH ANY SERVER, SOFTWARE, HARDWARE, OR EQUIPMENT OPERATED BY MOLDAVITE ARTEFACTS OR THIRD PARTIES, THAT IS CONNECTED TO OR VIA THE SITE;

  • VIOLATE ANY APPLICABLE LAW, STATUTE, ORDINANCE, OR REGULATION;

  • DISTRIBUTE THROUGH THE SITE (OR SEND TO EMAIL ADDRESSES LISTED ON THIS SITE) ANY INAPPROPRIATE COMMUNICATION IN ANY FORM, INCLUDING OBSCENE, HARASSING, PORNOGRAPHIC, ABUSIVE, SLANDEROUS, DEFAMATORY, VULGAR, THREATENING, OR OFFENSIVE MATERIAL; OR

  • BYPASS ANY SECURITY MECHANISMS IMPOSED BY THE SITE.

MOLDAVITE ARTEFACTS RESERVES THE RIGHT TO COOPERATE FULLY WITH ANY LAW ENFORCEMENT AUTHORITY IN ANY JURISDICTION IN RESPECT OF ANY LAWFUL DIRECTION OR REQUEST TO DISCLOSE THE IDENTITY OR OTHER INFORMATION IN RESPECT OF ANY USE OF THE SITE.

IF YOU REGISTER FOR AN ACCOUNT ON THE SITE, OR PLACE AN ORDER, YOU MUST:

  • PROVIDE ACCURATE, CURRENT, AND COMPLETE INFORMATION AS REQUIRED;

  • MAINTAIN THE SECURITY OF YOUR LOGIN DETAILS AND PASSWORD; AND

  • MAINTAIN AND UPDATE AS NECESSARY ANY INFORMATION PROVIDED.

03. HYPERLINKS

THE SITE MAY CONTAIN HYPERLINKS AND OTHER POINTERS TO INTERESTING WEBSITES OPERATED BY THIRD PARTIES (LINKED SITES). MOLDAVITE ARTEFACTS DOES NOT SPONSOR OR ENDORSE THE LINKED SITES OR THIRD PARTY MATERIALS. THE LINKED SITES AND THIRD PARTY MATERIALS ARE NOT UNDER THE CONTROL OF MOLDAVITE ARTEFACTS AND MOLDAVITE ARTEFACTS IS NOT RESPONSIBLE FOR THE AVAILABILITY, ACCURACY, LEGALITY, OR DECENCY OF MATERIAL OR COPYRIGHT COMPLIANCE OF THE LINKED SITES OR THIRD PARTY MATERIALS OR ANY HYPERLINK CONTAINED IN A LINKED SITE.

YOU LINK TO ANY LINKED SITE, AND USE ANY THIRD PARTY MATERIALS, ENTIRELY AT YOUR OWN RISK AND MOLDAVITE ARTEFACTS IS IN NO WAY LIABLE OR RESPONSIBLE FOR ANY ADVERTISING, PRODUCTS, OR MATERIALS ON OR AVAILABLE FROM THE LINKED SITES OR PROMOTED BY THE THIRD PARTY MATERIALS. YOU AGREE THAT YOU WILL NOT USE ANY THIRD PARTY MATERIALS IN A MANNER THAT WOULD INFRINGE OR VIOLATE THE RIGHTS OF ANY OTHER PARTY AND THAT MOLDAVITE ARTEFACTS IS NOT IN ANY WAY RESPONSIBLE FOR ANY SUCH USE BY YOU.

04. USE AND RETENTION OF DATA

MOLDAVITE ARTEFACTS'S PRIVACY POLICY, WHICH CAN BE ACCESSED ON THE SITE, APPLIES TO ALL USERS AND IS INCORPORATED INTO THE TERMS BY REFERENCE. YOU SHOULD READ OUR PRIVACY POLICY BEFORE USING ANY OTHER FEATURE OF THE SITE.

MOLDAVITE ARTEFACTS RESERVES THE RIGHT TO CHANGE THE PRIVACY POLICY FROM TIME TO TIME. PLEASE VISIT THE SITE REGULARLY AND CHECK OUR CURRENT PRIVACY POLICY.

MOLDAVITE ARTEFACTS WILL NOT SELL YOUR INFORMATION TO ANY OTHER CUSTOMERS OR THIRD PARTIES.

05. PROMOTIONAL CODES

ALL PROMOTION CODES ARE NON-TRANSFERABLE AND THERE IS NO CASH ALTERNATIVE. NO MORE THAN ONE PROMOTIONAL CODE CAN BE APPLIED AT CHECKOUT OR TO AN ORDER. THEY CANNOT BE USED IN CONJUNCTION WITH ANY OTHER PROMOTION CODE OR OFFERS, AND MUST BE REDEEMED BY THE DATE PUBLISHED, IF PROVIDED. MOLDAVITE ARTEFACTS RESERVES THE RIGHT TO CANCEL OR REFUSE THE USAGE OF ANY PROMOTIONAL CODE AT ANY TIME.

ALL PROMOTIONAL CODES MUST BE APPLIED AT CHECKOUT AND CANNOT BE APPLIED TO ANY PREVIOUS OR RETROSPECTIVE ORDERS OR GIFT CARD PURCHASES. WE HAVE THE RIGHT TO REFUSE USE OF ANY PROMOTIONAL CODE FOR ANY REASON. THE TIMES OF USE WILL BE OUTLINED IN THE MARKETING MATERIAL, THE CODE CANNOT BE USED OUTSIDE OF THIS TIME.

06. SPECIFIC PROMOTIONS AND COMPETITIONS

FROM TIME TO TIME, MOLDAVITE ARTEFACTS MAY RUN PROMOTIONS OR COMPETITIONS ON OUR SITE OR SOCIAL MEDIA WHICH ARE SUBJECT TO BOTH THESE TERMS AND ANY ADDITIONAL PROMOTION-SPECIFIC /COMPETITION-SPECIFIC TERMS WHICH ARE INCORPORATED INTO THESE TERMS BY REFERENCE.

YOU SHOULD ENSURE THAT YOU READ THE SPECIFIC CONDITIONS THAT APPLY TO EACH PROMOTION OR COMPETITION. BY PROCEEDING TO PURCHASE YOU AGREE AND ACCEPT THE TERMS OF THE APPLICABLE PROMOTION(S)/COMPETITION(S).

IN ENTERING OUR PROMOTIONS OR COMPETITIONS YOU RELEASE INSTAGRAM FROM ALL RESPONSIBILITY AND AGREE TO INSTAGRAM’S TERMS OF SERVICE.

07. INDEMNITY

YOU INDEMNIFY MOLDAVITE ARTEFACTS AND THEIR PERSONNEL (INDEMNIFIED PERSONS) AGAINST:

  • ALL LOSSES INCURRED BY THE INDEMNIFIED PERSONS;

  • ALL LIABILITIES INCURRED BY THE INDEMNIFIED PERSONS; AND

  • ALL COSTS ACTUALLY PAYABLE BY THE INDEMNIFIED PERSONS TO THEIR OWN LEGAL REPRESENTATIVES (WHETHER OR NOT UNDER A COSTS AGREEMENT) AND OTHER EXPENSES INCURRED BY THE INDEMNIFIED PERSONS IN CONNECTION WITH A DEMAND, ACTION, ARBITRATION OR OTHER PROCEEDING (INCLUDING MEDIATION, COMPROMISE, OUT OF COURT SETTLEMENT OR APPEAL); ARISING DIRECTLY OR INDIRECTLY AS A RESULT OF OR IN CONNECTION WITH:

    • ANY THIRD PARTY CLAIMS AGAINST THE INDEMNIFIED PERSONS ARISING FROM YOUR USE OF OR ACCESS TO THE SITE;

    • ANY BREACH OR VIOLATION OF THE TERMS BY YOU.

08. ACCURACY

MOLDAVITE ARTEFACTS ENDEAVOURS TO PRESENT THE MOST RECENT, ACCURATE AND RELIABLE INFORMATION ON OUR SITE AT ALL TIMES. HOWEVER, THERE MAY BE RARE OCCASIONS WHEN SOME OF THE INFORMATION FEATURES, INCOMPLETE OR INACCURATE DATA.

MOLDAVITE ARTEFACTS MAKES EVERY EFFORT TO DISPLAY AND INFORM YOU AS ACCURATELY AS POSSIBLE ON OUR PRODUCT COLOURS, SIZES, CUT, FIT, MAKE, AND GENERAL PRODUCT DESCRIPTIONS.

IN TERMS OF COLOUR DISPLAY FOR OUR PRODUCTS; COMPUTER MONITORS, TABLETS, AND MOBILE DEVICES’ RESOLUTION MAY VARY AND WE CANNOT GUARANTEE THAT YOUR MONITOR’S DISPLAY OF ANY COLOUR WILL BE COMPLETELY ACCURATE.

IN RELATION TO VARYING SIZES, CUTS AND SHAPES DISPLAYED VIA THE IMAGES ON THE SITE AND FEATURED ON OUR MODELS WE CANNOT GUARANTEE THEY WILL FIT YOU EXACTLY THE SAME, AS EACH INDIVIDUAL BODY IS DIFFERENT AND TREAT EACH INDIVIDUAL PIECE DIFFERENTLY.

MOLDAVITE ARTEFACTS RESERVES THE RIGHT TO AMEND ERRORS OR TO UPDATE PRODUCT INFORMATION AT ANY TIME WITHOUT NOTICE. IN THE EVENT ANY INFORMATION ABOUT A PRODUCT IS INCORRECT (E.G. SIZE, QUALITY, MATERIAL, PRICE ETC).

MOLDAVITE ARTEFACTS RESERVES THE RIGHT TO REFUSE OR CANCEL ANY ORDER PLACED FOR THAT INCORRECTLY DESCRIBED ITEM. IN THE EVENT OF SUCH A REFUSAL OR CANCELLATION OF AN ORDER AND YOUR CHOSEN PAYMENT METHOD HAS BEEN CHARGED, MOLDAVITE ARTEFACTS SHALL ISSUE A CREDIT TO THAT CHOSEN PAYMENT METHOD IN THE AMOUNT OF THE CANCELLED ORDER.

09. DISCLAIMER

ALL CONTENT IS PROVIDED ON AN “AS IS” BASIS AND MOLDAVITE ARTEFACTS AND ITS PERSONNEL DO NOT WARRANT OR MAKE ANY REPRESENTATIONS ABOUT THE CORRECTNESS, ACCURACY, TIMELINESS, COMPLETENESS, RELIABILITY, QUALITY, OR OTHERWISE OF THE CONTENT.

THE USE OF THE SITE AND THE CONTENT IS ENTIRELY AT YOUR OWN RISK. CHANGES ARE PERIODICALLY MADE TO THE SITE AND THE CONTENT AND MAY BE MADE AT ANY TIME.

MOLDAVITE ARTEFACTS AND ITS PERSONNEL DO NOT WARRANT THAT YOUR ACCESS TO THE SITE WILL BE UNINTERRUPTED OR THAT THE SITE WILL OPERATE ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED OR THAT THIS SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL DATA, CODE, COMPONENTS, OR OTHER MATERIAL.

BY ACCESSING THE SITE, CREATING AN ACCOUNT, OR PLACING AN ORDER THROUGH THE SITE YOU ASSUME ALL ASSOCIATED RISK, INCLUDING BUT NOT LIMITED TO THE RISK TO YOUR COMPUTER, TABLET, MOBILE DEVICE, SOFTWARE, OR DATA MAY BE DAMAGED BY ANY VIRUS OR MALICIOUS BUG TRANSMITTED BY THIS WEBSITE OR ANY THIRD PARTY WEBSITE.

BY CREATING AN ACCOUNT AND BECOMING A MEMBER, YOU ASSUME ALL RESPONSIBILITY FOR THE SECURITY OF YOUR ACCOUNT. YOU AGREE TO ACCEPT ALL RESPONSIBILITY FOR ACTIVITIES THAT OCCUR UNDER YOUR ACCOUNT (E.G. ORDERS PLACED BY SOMEONE ELSE USING YOUR ACCOUNT). MOLDAVITE ARTEFACTS RESERVES THE RIGHT TO TERMINATE YOUR ACCOUNT WITHOUT NOTICE AT ITS DISCRETION.

10. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW MOLDAVITE ARTEFACTS, MOLDAVITE ARTEFACTS’S PERSONNEL, AND ANY THIRD PARTIES MENTIONED ON THE SITE ARE NOT LIABLE FOR ANY LOSS OR DAMAGE WHATSOEVER (INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL AND/OR CONSEQUENTIAL DAMAGES OR LOST PROFITS) RESULTING FROM ANY USE OR ACCESS OF, OR ANY INABILITY TO USE OR ACCESS THE SITE.

13. MISCELLANEOUS

MOLDAVITE ARTEFACTS IS NOT LIABLE, AND ANY OBLIGATIONS IT HAS ARE SUSPENDED, DURING THE TIME AND TO THE EXTENT THAT MOLDAVITE ARTEFACTS IS PREVENTED FROM OPERATING DUE TO A CIRCUMSTANCE BEYOND THE REASONABLE CONTROL OF MOLDAVITE ARTEFACTS INCLUDING FORCE MAJEURE EVENTS. IF ANY PROVISION OF THE TERMS IS FOUND TO BE INVALID OR UNENFORCEABLE BY A COURT OF LAW, SUCH INVALIDITY OR UNENFORCEABILITY WILL NOT AFFECT THE REMAINDER OF THE TERMS, WHICH WILL CONTINUE IN FULL FORCE AND EFFECT.

ALL RIGHTS NOT EXPRESSLY GRANTED IN THIS DOCUMENT ARE RESERVED.

MOLDAVITE ARTEFACTS MAY LICENSE, SUBCONTRACT AND/OR ASSIGN ALL OR ANY PART OF ITS RIGHTS AND/OR OBLIGATIONS UNDER THESE TERMS WITHOUT YOUR CONSENT. YOU CANNOT LICENSE, SUBCONTRACT, OR ASSIGN WITHOUT THE WRITTEN APPROVAL OF MOLDAVITE ARTEFACTS.

THE TERMS ARE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF VICTORIA, AUSTRALIA. BY ACCESSING AND USING THE SITE, YOU AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE COURTS OF VICTORIA, AUSTRALIA.

THE INFORMATION ON THIS SITE AND THE TERMS HAVE BEEN PREPARED IN ACCORDANCE WITH AUSTRALIAN LAW, BUT MAY NOT SATISFY THE LAWS OF OTHER COUNTRIES. IF YOU RESIDE IN, OR ACCESS THIS SITE FROM, A COUNTRY OTHER THAN AUSTRALIA (USER COUNTRY), YOU ACKNOWLEDGE THAT:

  • IF THE INFORMATION AND THESE TERMS SATISFY THE LAWS OF THE USER COUNTRY, THEN YOU ARE ENTITLED TO USE AND ACCESS THE SITE;

  • IF THE INFORMATION AND THESE TERMS DO NOT SATISFY THE LAWS OF THE USER COUNTRY, THEN THIS SITE IS NOT INTENDED FOR YOUR USE AND YOU ARE NOT ENTITLED TO RELY ON THE INFORMATION CONTAINED ON THIS SITE; AND

  • SUBJECT TO ABOVE, YOU ARE RESPONSIBLE FOR COMPLIANCE WITH THE LOCAL LAWS OF THE USER COUNTRY AT ALL TIMES WHEN USING THE SITE.