Terms and Conditions

 

IFFL Terms and Conditions ABN 48 145 843 732
Client Terms (“Terms”)

These Terms and any document(s) referred to in them constitute the entire agreement about IFFL’s supply of the Products and services to Client and supersedes all prior understandings, arrangements and agreements.
Words with special meanings are defined in clause 1. A reference in these Terms to:

  • the singular includes the plural and vice versa;
  • the word “including” means “including, but not limited to,” and the word “includes” means “includes, without limitation,”;
  • A reference to a gender includes all genders; and
  • A reference to a person (including a party) includes an individual, company, other body corporate, partnership, firm, joint venture, or a trust.

The current version of these Terms may be viewed at IFFL’ website at www.iffl.com.au (“IFFL Website”).

1) Definitions
In these terms:
“Client” means the person, business or company that is the purchaser of the Products;
“Products” means any products or services supplied to Client by IFFL and described in IFFL documents, order forms and invoices;
“Sales Contract” means any sales contract or distribution agreement entered into by Client and IFFL in respect of the Products and services supplied to Client in which these Terms are deemed to be incorporated; and
“IFFL” means IFFL (ABN 48 145 843 732)

“Service Fee” means IFFL service fees payable by the client

“Client Order” means order placed

“Final price” means price of the delivered products and services based on currency foreign exchange rates calculated upon delivery of Products and Services

“Sales Contract” means final document, the invoice that calculates Final Price and Final payment amount

“Final payment” means Final price less paid deposit amount

“Deposit payment” means amount payable upon Client placing an order

“Client Order Form” means document Client signs and instructs IFFL to order product

“Client Choice Priority” means Client choice of products in order of preference completed in Order Form

“IFFL Integrity Certificate” means IFFL certificate that includes all relevant and additional information on the product after IFFL internal certification process

 

2) Disclaimer

IFFL, its officers, representatives, employees and agents do not hold Australian Financial Services Licence (AFSL). If you require advice about a financial product you should contact a properly licensed or authorised financial officer. Information contained on our website and on order form is purely factual in nature and does not take account your personal objectives, situation or need. The information is objectively discoverable and does not represent financial product advice. In particular, it is not intended to be a recommendation or statement of opinion or to influence you in relation to making any decision about a financial product.

3) Orders and Prices

  • All orders for Products placed by Client are subject to acceptance by IFFL, and no order will be deemed to have been accepted by IFFL unless deposit amounts and Finder’s Fee have been paid.
  • IFFL may reject any order placed by Client for any reason, including, but not limited to incorrect pricing due to typographical errors, market factors or supplier price changes
  • Pricing is subject to currency foreign exchange and final pricing may differ from Order Form quoted pricing
  • Final price will be calculated on delivery date and will be reflected on invoice and may differ from quoted price based on currency foreign exchange rate and delivered product cost based on Client Order choice priority
  • IFFL will not be bound by any terms attaching to Client’s order and, unless those terms are expressly agreed to in writing by an authorised representative of IFFL, Client agrees that those terms are hereby excluded
  • Client order will be processed in order of Choice priority as stated in Client Order Form
  • Final price includes wholesale buy price, freight and insurance, customs clearance fees, Home Affairs charges and GST.

 

4) Payment

  • A deposit payment of thirty five percent (35%) is payable when Client places their order
  • Service Fee of five percent (5%) or $550, whichever is greater, is payable at the same time the deposit is paid
  • Final payment based on the Final price on the invoice is required prior to delivery of the Products to Client
  • Deposit payment and final payment can be made by:
    • Direct deposit to our bank account
    • Bank cheque – Payment will be deemed paid after bank cheque clearance
    • Credit Card – a credit card processing fee of 2% of payment amount will be charged

 

5) Client’s cancellation

  • Client may not cancel an order which has been accepted by IFFL and deposit has been paid by the Client.
  • Upon cancellation of order, Client will be charged a restocking fee equal to the deposit payment amount. IFFL Service Fee is non-refundable

 

 

 

6) Delivery

  • Delivery times advised to Client are estimates only and IFFL will not be liable for any loss, damage or delay suffered or incurred by Client arising from late or non-delivery of the Products.
  • If the Client chooses not to accept alternative Product in such instances IFFL will refund the Client the Deposit Payment.
  • Final Payment should be made prior delivery of product. Delivery is usually by a method that requires Client’s presence and their signature. By selecting for us to deliver an order to you, you agree that we have satisfied the delivery requirement where a signature has been received from the recipient, appropriate agent or proxy recipient of the order (chosen at the courier partner’s discretion). This includes, but is not limited to, a hotel or office receptionist signing on receipt of delivery at the specified address. You agree that in doing so we have delivered the order within the terms of the agreement between you and us.

 

7) Part deliveries
IFFL may make part deliveries of any order, and each part delivery will constitute a separate supply of the Products upon these Terms.

8) Inspection and acceptance
Client must

  • in the case of all Products ordered, inspect such Products upon delivery in person in the presence of IFFL representative
  • sign IFFL Integrity Certificate, a copy of which will be given to the Client and original kept by IFFL

 

9) Title and risk

  • Products supplied by IFFL to Client will be at Client’s risk immediately upon:
    • signing IFFL Integrity Certificate
    • delivery of the Products to the Client, Client’s agent or into the Client’s custody or control; or
    • collection of the Products by the Client’s nominated carrier or agent.

 

10) Returns

  • Returns are not accepted by IFFL
  • IFFL will not be liable for any damage or defects in the Products that have been caused by the improper storage or transport, or by any neglect, abuse or improper use, jewellery setting or third party workmanship
  • The provisions of this clause 9 do not extend to any Products which have been added to, varied, or otherwise modified by, any person other than IFFL.

 

11) Force majeure
If the performance of IFFL’S obligations under these Terms or any relevant Sales Contract is prevented, restricted or affected by force majeure including strike, lock out, raw material shortage, breakdown of plant, transport or equipment or any other cause beyond the reasonable control of IFFL, IFFL will give notice of such cause to Client and after 60 days from the receipt by Client of such notice, either party may terminate the relevant Sales Contract without penalty.

12) Default of Client

  • Without prejudice to any of IFFL’S other rights under these Terms, if Client fails to make final payment due to IFFL under these Terms, IFFL may, in its sole discretion, and without further liability to Client:
    • terminate the Sales Contract without notice
    • Forfeit the deposit amount as restocking fee
    • Forfeit the Service Fee for provided services
  • In the event when Client default has resulted into a court action against the Client the Client agrees to pay all court costs including but not limited to their own and IFFL’S all legal costs.

 

13) Liability

  • To the extent permitted by law, IFFL will not be liable to Client or any other person under any circumstances for any loss of use, profit, revenue, interest, goodwill, or for any injury or death to any person, or for any indirect, incidental or consequential damages sustained or incurred by Client, whether such liability arises directly or indirectly as a result of:
    • any negligent act or omission or wilful misconduct of IFFL or its employees or agents;
    • the supply, performance or use of any Products or services; or
    • any breach by IFFL of its obligations under these Terms or any relevant Sales Contract.
  • Maximum liability of IFFL will be equal to Service Fee paid by the Client
  • IFFL will not be liable for any damage or defects in the Products that have been caused by the improper storage or transport, or by any neglect, abuse or improper use, jewellery setting or third party workmanship
  • Client will indemnify IFFL against all liabilities, damages, costs and expenses which IFFL may suffer or incur as a result of any work performed by IFFL in accordance with Client’s specifications and instructions or as a result of the combination or use of the Products with jewellery settings and/or parts not supplied by IFFL.

 

14) Privacy

  • Client agrees to IFFL collecting, using and disclosing information about Client from Client Order form for various purposes, including to:
    • supply the Products and services to Client and the management of Client’s account, including suppliers;
    • communicate with Client about the Products and services which IFFL or its partners or affiliates may provide to Client;
    • implement these Terms and any Sales Contract; and
    • comply with relevant laws.
  • IFFL, at the written request of Client, will:
    • provide Client with access to any personal information relating to Client held by IFFL; and
    • correct or amend any personal information relating to Client held by IFFL which is inaccurate or out of date.
  • IFFL will handle Client’s personal information in accordance with relevant laws.

 

15) General

  • IFFL may amend these Terms at any time, by giving Client notice by mail, e-mail or by posting a notice on IFFL’S public website. By continuing to place orders for Products, Client will be deemed to have accepted the revised Terms.
  • Any provision of these Terms which is invalid or unenforceable will be read down to the extent necessary, and the remaining provisions will continue unaffected.
  • Client acknowledges that some Products may be controlled under export laws in force at the time of the Sales Contract. Client shall not export, re-export, or distribute Products, in violation of any such export control laws or regulations.
  • Client acknowledges that certain Products may be subject to license requirements or other restrictions specific to certain transactions. Where applicable, Client agrees to be bound by any such terms and conditions and/or restrictions and shall indemnify IFFL for any liability suffered by it arising from Client’s breach.
  • Client may not assign or attempt to assign any of its rights and obligations under these Terms.
  • These Terms are governed by the laws of the State of New South Wales and the courts of the state of New South Wales shall have exclusive jurisdiction to hear any disputes arising from or relating to this agreement.