TERMS & CONDITIONS
These terms and conditions apply to the use of this website, including the purchase of goods and/or services over this website. In using this website for these or any other purposes, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the website. These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of this website.
1. OwnershipThis website, and each of its components, is the copyrighted property of Michael Hill LLC ("Michael Hill") and its various third-party providers and distributors. Portions of the content found on this website may be owned by third-party providers and distributors and is the copyrighted work of the respective third-party providers. None of the content or data found on this website may be reproduced, republished, distributed, sold, transferred, or modified without the express written permission of Michael Hill and its third-party providers and distributors. In addition, the trademarks, logos and service marks displayed on this website (collectively, the "Trademarks") are registered and common law trademarks of Michael Hill, its affiliates, and various third parties. Nothing contained on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks without the written permission of Michael Hill or such other party that may own the Trademark.
2. Use of Site
- 2.1 You may only use this website to browse the content or make inquiries to Michael Hill and not for any other purposes. This site and the content provided in this website may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of Michael Hill, except that you may download, display and print one copy of the materials presented on this website on a single computer for your personal, non-commercial use only.
- 2.2 "Deep-linking," "embedding" or using analogous technology is strictly prohibited unless specifically authorized in writing. Unauthorized use of this website and the materials contained on this website may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, and any other proprietary notices, contained in the materials. The use of such materials on any other website or in any environment of networked computers is prohibited. You are prohibited from posting to or transmitting from this website any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
- 2.3 The links from this website to any other websites are provided for your information and convenience only. Michael Hill does not assume any responsibility or liability with respect to any website linked from this website (or any website linking to this website), including its content and operation. Michael Hill does not review or monitor such links. A link from this website to another website (or a link from another website to this website) does not constitute a referral, endorsement, approval, advertising, offer or solicitation with respect to such website, its contents, or any products or services advertised or distributed through that website. While this website may contain "links" to other sites, Michael Hill is not responsible for the content or the privacy practices employed by other sites.
- 2.4 You will not use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of this website, and that you will not take any action that imposes an unreasonable or disproportionately large load on the Michael Hill infrastructure. In addition, you will not use any robot, spider, other automatic device, or manual process to monitor or copy the Michael Hill web pages or the content contained herein, without the prior express consent from an authorized officer of Michael Hill (such consent is deemed given for standard search engine technology employed by Internet search web sites to direct Internet users to this site).
4. Age and ResponsibilityYou represent that you are of sufficient legal age to use this website and to create binding legal obligations for any liability you may incur as a result of the use of this website. You understand that you are financially responsible for all uses of this website by you and those using your login information.
5. PasswordsThis website may provide you with the ability to use usernames, passwords, or other codes or devices to gain access to certain portions of this site ("access codes"). Michael Hill may prohibit the use of such access codes on your behalf by third parties where Michael Hill determines that such use interferes with the operation of the website or results in activities that are detrimental to us. In addition, you are responsible for any activities conducted using access codes assigned to you.
6. Limited Warranty
- 6.1 Michael Hill offers a minimum twelve-month limited warranty from the date of purchase against defects in material and/or workmanship on all of the products its sells.
- 6.2 Michael Hill offers a lifetime limited warranty from the date of purchase against defects in material and/or workmanship on all diamond jewelry (including diamond and colored stone jewelry) with a minimum retail price (listed price and excluding tax, shipping and other costs) of US$999 and with the exception of watches and silver jewelry, provided that the diamond jewelry is inspected at any one of Michael Hill's stores at least once every twelve months and that the inspection has been verified in writing in the space allowed on the guarantee ("Certificate of Purchase"). This lifetime warranty does not cover any further rhodium plating for gold jewelry.
- 6.3 Michael Hill branded watches have a three-year limited warranty and lifetime limited battery replacement, provided that the International Guarantee Booklet is presented to a Michael Hill store before the work under this guarantee can be started. To the extent permitted by relevant consumer protection legislation this three-year limited guarantee does not cover:
- (a) pressure tests in water proof watches after battery replacement;
- (b) adjustment to links, bracelets or straps (including refurbishment of any adjustment damage);
- (c) further rhodium plating; and
- (d) repairs or refurbishment of shop soiled or shop distressed stock or repairs necessary due to misuse or normal wear and tear and any repairs made by unauthorized service centers.
- 6.4 Fees will be imposed on any repair/service not covered by this three-year guarantee or where the guarantee has expired.
- 6.5 Michael Hill will, at its sole option, repair or replace a defective product or provide a refund of the purchase price.
- 6.6 Repair, replacement, or refund as set forth above, are without prejudice to your rights at law, including: relevant consumer protection legislation; and the exclusive remedies under the twelve-month limited warranty, three-year watch limited warranty and the lifetime diamond limited warranty.
- 6.7 The twelve-month limited warranty, the three-year watch limited warranty and the lifetime diamond limited warranty, each exclude, to the extent permitted in the legislation, damage due to ordinary wear and tear, misuse, accident, abuse, alteration, substitution, improper repair or warranty service performed by someone other than Michael Hill or its authorized repairers, theft, disappearance, loss (including lost stones) and/or any other type of use causing deterioration. Loose diamond stones supplied by Michael Hill and assembled by someone other than Michael Hill or its authorized agents can be damaged during jewelry assembly. Such damage will not be covered by the twelve-month limited warranty, the three-year watch limited warranty and/or the lifetime diamond jewelry warranty, and Michael Hill will not be liable for any such damage.
- 6.8 Michael Hill reserves the sole right to judge whether or not the jewelry has been subject to ordinary wear and tear, misuse, abuse, alteration, substitution, improper repair or warranty service performed by someone other than Michael Hill (or its authorized repairers), theft, disappearance, loss (including lost stones) or any other type of use causing deterioration. If, in Michael Hill's sole discretion, the jewelry shows signs of any of the foregoing, the twelve-month limited warranty; three-year watch limited warranty; and/or the lifetime diamond limited warranty will be entirely void.
- 6.9 To obtain any limited warranty service, the customer must bring with them their original Certificate of Purchase. This Certificate of Purchase must be fully completed and signed on behalf of us by an authorized person at the time of purchase. If this Certificate of Purchase has been altered in any fashion, the warranty is void to the full extent permitted by law.
- 6.10 White gold jewelry is rhodium plated to enhance its appearance. This plating is not permanent and will require further plating to maintain the enhanced appearance. The twelve-month limited warranty, three-year watch limited warranty and/or the lifetime diamond warranty do not cover any further rhodium plating.
- 6.11 When a product is returned for repair under the original guarantee term, only the remaining term of the original guarantee will continue to apply (e.g. if a product is purchased under the twelve-month limited guarantee and returned for repair after eleven months from the date of purchase, once the repaired product is handed back to the customer, the remaining guarantee term will be only one month and any other repairs after this term will be outside the original guarantee period and will be charged accordingly).
7. Exclusion of Warranty
- 7.1 EXCEPT AS PROVIDED ABOVE, MICHAEL HILL AND ANY THIRD-PARTY PROVIDERS AND DISTRIBUTORS MAKE NO WARRANTY OF ANY KIND REGARDING THIS SITE OR ANY MATERIALS PROVIDED ON OR THROUGH THIS SITE, ALL OF WHICH ARE PROVIDED ON AN "AS IS" BASIS. MICHAEL HILL AND ANY THIRD-PARTY PROVIDERS DO NOT WARRANT THAT THIS WEBSITE WILL BE FREE OF DEFECTS, VIRUS OR OTHER HARMFUL ITEMS. MICHAEL HILL WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS THAT MAY RESULT FROM HACKING OR OTHER INFILTRATION OF THIS WEBSITE OR THE MICHAEL HILL COMPUTER SYSTEM. THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF USE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
- 7.2 Although Michael Hill strives to provide on this website the latest developments relating to its products and services, and other information about its company and its affiliates, Michael Hill does not warrant the accuracy, effectiveness and suitability of any information contained in this website. Each person assumes full responsibility and all risks arising from use of this website or from the passage of data across the Internet which is not secure and which is subject to impairments of service and delays. The information is presented "AS IS" and may include technical inaccuracies or typographical errors. Michael Hill may make additions, deletions, or modifications to the Information at any time without any prior notification.
8. Limitation of LiabilityMICHAEL HILL ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, SOFTWARE, DATA, TEXT, IMAGES, VIDEO, AUDIO OR OTHER MATERIAL FROM THIS WEBSITE. IN NO EVENT SHALL MICHAEL HILL OR ANY THIRD-PARTY PROVIDERS OR DISTRIBUTORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (i) ANY USE OF THIS WEBSITE OR CONTENT FOUND HEREIN, (ii) ANY FAILURE OR DELAY, OR (iii) THE PERFORMANCE OR NON PERFORMANCE BY MICHAEL HILL OR ANY THIRD-PARTY PROVIDERS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.
9. IndemnificationYou shall defend and indemnify Michael Hill, its affiliates and any third-party providers and their officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by third parties as a result of your use of this website.
10. Specials, Promotions and Sweepstakes/ContestsPlease read the official rules that accompany each special offer, coupon, discount, contest and sweepstakes that Michael Hill may offer or conduct.
- 11.1 "Submissions" means all comments, feedback, suggestions, photos, e-mail and similar information or materials that you submit to Michael Hill regarding the products or services of Michael Hill. Submissions will not be confidential and will become the property of Michael Hill upon submission to Michael Hill. By providing any Submissions, you have assigned to Michael Hill, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. You represent and warrant that any Submission you provide to Michael Hill will be complete and accurate. You acknowledge that you are responsible for the Submissions that you provide, and that you, not Michael Hill, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright. Michael Hill does not prescreen or monitor any Submissions as a matter of policy.
12. Photographs and ColorsAlthough all reasonable care is taken to ensure that photographs reflect as accurately as possible the actual size of products, you acknowledge that due to the inherent difficulties with photographing items of jewelry, some products may appear larger or smaller than their actual size when represented in this web site. Michael Hill attempts to display the colors of its products as accurately as possible. Nevertheless, as the actual colors you see will depend on your monitor and other factors and Michael Hill cannot guarantee that the display of any color through your computer will be accurate.
13. Securities IssuesThe parent of Michael Hill is traded on the public stock exchange in New Zealand. This website and the information contained or referred to herein does not constitute an offer or a solicitation of an offer for the purchase or sale of any securities. This website may contain information and press releases about and by Michael Hill. While information prepared by Michael Hill was believed to be accurate as of the date so prepared, Michael Hill disclaims any duty or obligation to update such information or to verify the accuracy of information prepared by others and Michael Hill disclaims any relationship between statements contained on this website and forward-looking statements under the securities laws, rules and regulations of New Zealand.
14. Governing lawThis Agreement and its performance shall be governed by the laws of the State of Illinois, United States of America, without regard to its conflict of laws provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts located in the State of Illinois, United States of America, in all questions and controversies arising out of your use of this website and this Agreement.
15. AssignmentYou may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
17. Additional Terms
- 17.1 Michael Hill may from time to time offer discounts and promotions in respect of its goods and services. The specific terms and conditions of those discounts and promotions will be located on a specific location on the website; however, these terms and conditions apply to those discounts and promotions in addition to any specific terms and conditions. The provision of any such offers may be removed at any time in its complete discretion.
- 17.2 Responsibility for the content of advertisements appearing on this website (including hyperlinks to advertisers' own websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers' products and each advertiser is solely responsible for any representations made in connection with its advertisement.
18. RelationshipsYour use of this website is independent of Michael Hill and not as an employee, agent, partner, or joint venturer with Michael Hill for any purpose.
21. Digital Millennium Copyright Act AgentMichael Hill respects the intellectual property rights of others, and requires that the people who use the website do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:
- (a) Your address, telephone number, and email address;
- (b) A description of the copyrighted work that you claim has been infringed;
- (c) A description of where the alleged infringing material is located;
- (d) A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
- (e) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- (f) A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
Michael Hill LLC 7 Smallwood Place Murarrie, QLD, Australia, 4172 Telephone No.: 1855 364 4455 Facsimile No.: +617 3911 1312 Email: firstname.lastname@example.org