Policies

PRIVACY POLICY

This Privacy Policy describes how your personal information is collected, used, and shared when you visit or make a purchase from Opalvere.com (the “Site”).

HOW DO WE USE YOUR PERSONAL INFORMATION?

When we talk about “Personal Information” in this Privacy Policy, we are talking both about Device Information and Order Information.

- Communicate with you;

- Storage for accounting, tax and legal purposes;

- Data storage requirements as per Australia’s Privacy Act & any applicable privacy acts;

- Screen our orders for potential risk or fraud; and

- When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.

We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).

SMS & EMAIL MARKETING

Upon your purchase or subscription to our mailing list, you may receive email communications and SMS promotions as part of our marketing, you can opt out anytime and unsubscribe from our lists anytime. You may need to send an SMS to unsubscribe separately from the email communications, you will only be contacted via these channels upon your purchase or by subscribing to our lists. Unsubscribe anytime. We do not sell this information to anyone. 

DATA RETENTION

When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information, we will delete/erase your information if it is inline with our tax and data retention laws.

CHANGES

We may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons.

CONTACT US

For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by email via the contact form on the website. 

 

 

TERMS OF SERVICE

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Opalvere, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

 

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Opalvere and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.


SECTION 17.1 - SMS & EMAIL MARKETING

Upon your purchase or subscription to our mailing list, you may receive email communications and SMS promotions as part of our marketing, you can opt out anytime and unsubscribe from our lists anytime. You may need to send an SMS to unsubscribe separately from the email communications, you will only be contacted via these channels upon your purchase or by subscribing to our lists. Unsubscribe anytime. We do not sell this information to anyone. 

 

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia.

 

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.


SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us via our “Contact Us” page, located in the header of our website. 

 

 

REFUNDS AND RETURNS

SECTION 1 - Returns & Refunds 

All conditions outlined below follow The Australian Consumer Law Consumer Rights & Guarantees.

We will always do our best to accommodate where applicable. Please read all of the information below and instructions provided on each product page to ensure you are using our products correctly and safely.

Once you have made a purchase, you have agreed to all the sections and points outlined below. If you have any questions or concerns regarding a return, please email us using our Contact form on the ‘Contact Us’ page.

Our money back guarantee policy lasts 14 days, which is our "Risk Free - Money Back Guarantee." If you receive your item and you change your mind within those 14 days, then you are entitled to a full refund. 

If it’s been over 14 days and you request a refund due to a broken/faulty product, please be prepared to show us how the product arrived broken and an honest explanation as to why it took over 14 days to inform us of the faulty product. We may require that you provide us with either an image or video showing that the product was damaged and/or not working.

Note, based on Australian Consumer Law, there is no time limit on refunds if the item has arrived faulty or broken. But we encourage you to be honest and inform us at the earliest inconvenience, it is at our discretion to reject your claim if any reasonable person would suspect your claim to be dishonest (after the 14 day period).

Refunds are not applicable if 14 days go by and:

  • You have received your order and have changed your mind

  • The order or specific products were placed by mistake and you let us know after the 14 days 

  • You found the product cheaper elsewhere

  • Misused the product in any way that caused the damage or against our advice

  • Decided you no longer had use for it

Knew or were made aware of the faults before purchasing the product

Please Note: Our display chains included with our necklace pendants are currently not included in our refund and return policies due to being a display chain only that we provide out of generosity. We do intend to update our necklace chains to materials more sturdy in the very near future, and in accordance update out return and refund policy to include such.

Please use our products with care, as they are delicate. If any products come into contact with any substances or liquids that cause damage to the product, that is no fault of our own, and you will not be eligible for a return, if this is over the 14 day period.

For refunds, we can occasionally grant them without the need for a return, meaning we issue a refund and let you keep the product. But we still ask that the product remain in good physical condition, if we decide to return it. 

If you seek a refund for a change of mind within the first 14 days, we ask that the product remain in good physical condition.

To organise your return or refund, we will require you to contact us via the contact page with your order number to ensure we are speaking to the right person. Please note, that contacting us via social media channels may not be the best place for a quick response and that we prefer being contacted via our website contact form. 

If we request you to return your item. A return address will be provided. 

If you request a refund due to a change of mind, and we request you to ship the product to our warehouse, you will pay for the return shipping, but you will need to pay it first, the product must arrive & a valid postal receipt must be shown to us, in order for us to issue the refund - assuming we request the product to be shipped back.

If your product was faulty and that is the reason for the refund and we request for you to ship it back, then we will cover the cost of shipping, in accordance with Australian Consumer Law.

Once a refund has been processed, then your refund will be processed and money returned will automatically be applied to your credit card or original method of payment within 5-10 business days, excluding public holidays and weekends. 

If you have any questions about your refund money arriving (after it’s been processed), please firstly allow for a minimum of 5 business days after the refund has been processed to check up on it, then contact your bank and then contact us. But at a maximum, it shouldn’t arrive any longer than 10 business days, depending on the banking institution - feel free to reach out to us so we can communicate with you during this time. International orders may take a minimum of 10 business days or more, compared to local orders.

 

SECTION 2 - Late or missing refunds (if applicable)  

If you haven’t received a refund yet, first check your bank account again, it may land without a notification alerting you of receiving money.

If still nothing, then contact your bank; it may take some time before your refund is officially appearing inside your bank account or payment method account.

If you’ve done all of this and you still have not received your refund yet, please contact us via the contact form. Please keep in mind that it usually takes approximately up to 5 business days for funds to arrive, for some customers it may take longer, just keep in communication with us so we can all be aligned together. Contacting us via the contact form is the best way to get in touch with us. 

 

SECTION 3 - Return Shipping Costs

We will cover your return shipping costs if your product is faulty and you are asked to return it, if you change your mind during the 14 days and you want a refund & we ask you to return it, then you will also cover that cost of shipping. Anything out of the scope of the refund policy, listed above, in accordance with Australian Consumer Law, is at our discretion (anything past 14 days and not due to a faulty product). 


ENDING NOTES & RECAP

If you have any further questions, please do not hesitate to read this page again for extra clarity and to then contact us via the Contact page :) 

Remember, contacting us via social media may not be the best way to get a prompt response. We do our best to respond to everyone within 48-72 hours (business hours / Mon - Fri) via email and sometimes, messages can get lost in social media. So make sure to contact us on our website, via the contact form. 

Lastly, we seek to resolve all matters civilly and in a good way. If you are genuinely unhappy about something (order, product etc), please contact us to resolve things.