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Conditions of Use

About These Terms And Conditions

In these Terms and Conditions "we" and "us" mean Australian Fire Opals Pty.Ltd.  ABN 88 122 508 141 of PO Box 4087 Hopetoun Gardens LPO, Victoria 3162 Australia, and "you" means you the customer.

These Terms and Conditions together with your Order constitute the entire Contract between us and you for the supply of Products. No other Terms and Conditions will apply. The Contract cannot be varied unless we agree to vary it in writing or by email.

Australian and International Sales

We sell and ship Products Worldwide. Delivery time varies depending on the delivery address.

Legal Capacity To Transact

If you are under the age eighteen (18) years you can not place orders with Australian Fire Opals.

By accepting these Terms and Conditions you acknowledge that you are over the age of eighteen (18) years.

Should Australian Fire Opals suffer any damage or other losses as a result of a transaction entered into by a minor, Australian Fire Opals reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with Australian Fire Opals.

Placing Your Order

You may place an Order by filling in the Order Form on the Australian Fire Opals Web Site and clicking the "Submit My Order" button.

By placing an Order, you make an offer to us to purchase the Products you have selected based on these Terms and Conditions.

Information contained on the Australian Fire Opals website constitutes an invitation to treat. No information on our website constitutes or should be deemed as an offer by us to supply any Products, however Australian Fire Opals will make every effort to supply Products to you.

We will notify you that your order is being processed by sending you an Order Confirmation and tax invoice via email, however, we do not formally accept your offer until your order has passed our internal validation procedures for verifying the bona fides of each order placed, for the purpose of preventing credit card or payment fraud. Australian Fire Opals and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

We will confirm acceptance of your order when we send you an email confirming shipment of the goods you have ordered.

If we cannot process or accept your Order after payment is received we will contact you by email or telephone.

Payment Methods And Processing

Australian Fire Opals currently accepts PayPal, Direct Deposit, Australian Money Orders and Visa and MasterCard through PayPal.

Customers without PayPal account should proceed with the checkout using PayPal option and select Pay With Credit Card Option without logging in to PayPal account.

International buyers – accepted payments are PayPal, Visa, MasterCard and American Express only.

Australian Fire Opals do not accept International Money Orders/Cashier Checks.

Payment processing will not begin until we receive all the information we need.

Orders placed on a weekend or a Public holiday will not begin payment processing until the next business day.

Business days are Monday through Friday, excluding Australian and Victorian Public holidays.

We process credit card and PayPal payments after you click the "Submit My Order" button.

For credit card and PayPal payments we will email a tax invoice to you with your Order Confirmation. Your tax invoice is your proof of purchase.

Please Note:

  • Debit cards and cheque cards have daily spending limits that may substantially delay the processing of your order.
  • You may be required to provide further identification for additional security reference checks.
  • If your PayPal payment is funded by an echeque this may substantially delay processing your Order while payment clears.

GST

Australian Fire Opals purchases exclude GST unless otherwise stated on a Product listing.

All prices are in US dollars and GST Free, if shipped to locations outside of Australia.

Australian buyers should add 10% GST to the total purchase price, if processing payments using Direct Deposit or Credit Cards.

Please check the convesion rate by clicking the foreign currency button on Australian Fire Opals Web Site for the correct amount in Australian Dollars.

PayPal automatically adds 10% GST to payments by Australian buyers. 

Prices

Australian Fire Opals always seeks to list Products with the most competitive prices.

Australian Fire Opals reserves the right to change prices for Products displayed at Australian Fire Opals at any time.

Supply Of Your Products

Subject to these Terms and Conditions, we will supply to you the Products indicated on your Order Confirmation.

When your Order items have been dispatched, we will email you to confirm shipment of each item including a tracking number for each item if available.

Our Liability

We will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.

Our maximum aggregate liability for any Product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.

Credit Card Fraud

Whilst Australian Fire Opals employs the latest in Secure Sockets Layer (SSL) technology software for its transactions with our customers, Australian Fire Opals will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner.

General

You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of Australian Fire Opals. Any unauthorized assignment shall be deemed null and void.

If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.

Under the Trade Practices Act 1974 ("Act"), where implied conditions and warranties cannot be excluded, any liability in Australian Fire Opals for breach of such conditions and warranties (other than a condition or warranty implied by section 69 of the Act) shall be limited, at the option Australian Fire Opals, to the replacement of the Product(s) or the re-supply of the same Product(s); the payment of the cost of replacing the Product(s) or of acquiring equivalent Product(s).

Neither our failure nor your failure to enforce any Term or Condition constitutes a waiver of such Term or Condition. Such failure shall in no way affect the right to later enforce such Term or Condition.

Australian Fire Opals reserves the right to change the Terms and Conditions of sale at any time.

No Australian Fire Opals employee or agent has the authority to vary any of the Terms and Conditions governing any sale.

Force Majeure

Australian Fire Opals shall not be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of Australian Fire Opals, and Australian Fire Opals shall be entitled to a reasonable extension of time for the performance of such obligations.



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