Terms & Conditions

These terms and conditions govern your use of the Hemera & Nyx (we/us/our) website (“our Website”) and set out our privacy policy in relation to personal information which we collect from you (you/your). These terms and conditions form an agreement between us, and by visiting and/or using our Website and associated services, you agree to be bound by these terms and conditions. 

We reserve the right to change these terms and conditions at any time without notice with all changes effective immediately. Your use of our Website after any change constitutes an agreement by you to comply with and be bound by the amended terms and conditions. Therefore, you should read these terms and conditions from time to time for changes.

Your Obligations

  1. You must not interfere or attempt to interfere with our Website using any software program, routine or other activity.
  2. You must not user block, obscure, overwrite or modify any content on our Website.
  3. You must not use, copy, reproduce, modify, re-publish, upload to a third party, transmit, post or distribute the contents of our Website electronically or otherwise without our authorisation. However, strictly on the condition that you keep all content intact and in the same form as presented on our Website, you may, using an industry-standard web browser, download and view the content for personal, non-commercial use only. Our Website must not be used in any unlawful manner or purpose or in any manner which violates the rights of any person or which is prohibited by these terms and conditions.
  4. In addition, you must not, in connection with our Website, submit any content or information to us that may contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or affects the intended function of our Website including, viruses, trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming/software routines that may damage, modify, delete, interfere with, intercept or access any system, data or personal information without authority.
Our Website
  1. We will endeavour to provide you with access to our Website 24 hours a day, 7 days a week, except for upgrades and maintenance times. We do not guarantee continuous, uninterrupted or secure access to our services and operation of our Website may be interfered with by numerous factors outside our control.
  2. The information contained on our Website is provided by us in good favour on an “as is” basis. However, we make no representation or warranty as to the reliability, accuracy or completeness of the information contained on our Website.
  3. To the extent permitted by law, all express or implied terms, conditions, warranties, statements, assurances and representations in connection with our Website and our Goods are expressly excluded.
  4. In no event will we, including our agents, employees or contractors, be liable for any indirect or consequential loss or damages including without limit, loss of profits, loss of revenue, loss of business, loss of production, loss of data, loss of opportunity or goodwill, corruption of data or software, equipment failure or damage, security breach, network intrusion, network downtime or business interruption however caused in connection with our Website.
Intellectual Property
  1. We own all intellectual property rights in the content of our Website to the extent that such content has been prepared and posted to our Website by us, including without limitation, the copyright in all photographs of our Goods displayed on our Website and the copyright in the catalogues which are displayed on our Website. We also own the copyright and the source code and object code in the software supporting and operating our Website.
  2. You are provided with access to our Website only for your personal and non-commercial use unless you are one of our registered member retailers who have completed and supplied to us a credit application form which has been accepted by us (in which case clauses 19 & 20 apply to our registered member retailers). Other than for this permitted purpose, you may not in any form or by any means:
    1. adapt, reproduce, store, distribute, transmit, print, display, perform, publish or create derivative works from any part of our Website; or
    2. commercialise any information or goods obtained from any part of our Website without our written permission.
  3. You must not copy, reverse engineer, decompile or otherwise reproduce any part of our intellectual property by any means or in any form without our prior written consent.
  4. Except as expressly permitted by these terms & conditions or by us in writing, you may not use or copy any trademark, tradename, servicemark, logo, symbol or other intellectual property rights owned by us without our prior written approval.
  5. Nothing in these terms & conditions grants you any title, right or interest in our intellectual property.
  6. If you are one of our registered retailer members and wish to use our stock images on your Website or use our catalogue in connection with your retail operations,  please contact us through our contact form here.
  7. We take no responsibility for informing retail customers regarding availability of stock, price changes or deletions from the Hemera & Nyx range of Goods.
General
  1. These terms & conditions are incorporated by implication into all contracts between us and you and also in connection with your use of our Website.
  2. These terms & conditions are governed by the laws in force in NSW. Both you and we submit to the jurisdiction of the Courts of NSW and all courts of appeal therefrom.
  3. If any part of these terms & conditions is held to be void or unlawful, these terms & conditions will be read and enforced as if the void or unlawful provision has been deleted.
  4. If we sell our business and/or our intellectual property rights relating to our Website, you agree that we may transfer to the buyer your personal information.
Privacy & Personal Information
  1. You may ask us to provide you with access to the personal information that we hold about you, unless there is an exception which applies under the Privacy Act. We will deal with any request from you to obtain access to your personal information within a reasonable time. If we refuse to provide you with access to your personal information, we will provide you with reasons for the refusal.
  2. If you wish to gain access to your personal information or if you have any questions about how your personal information is collected or used, please contact us using the contact form here.
  3. You may ask us to remove your personal information from our database by notice in writing to the contact details referred to above.
  4. We will, in general, collect your personal information directly from you. For example, we may collect your personal information when you deal with us over the telephone, send us correspondence (including letters, faxes and emails) or when you register to become a registered retailer member. Generally, the type of personal information that we collect includes your name, mailing address, telephone number/s and email address and date of birth and other information as set out in our credit application form.
  5. We use your personal information for the following purposes:
    1. in order to access credit applications; and
    2. the sale of our Goods; and
    3. internal management purposes; and
    4. marketing and promotional purposes.
  6. You consent to us communicating with you (including by email) for the above purposes and in relation to sale of our Goods, registered retailer member account information, orders you place for our Goods and other information in connection with our Goods (eg: new ranges of goods and catalogues). We do not disclose your personal information we collect to third parties for the purpose of allowing them to direct market their products and services.
  7. In addition to the above, our web server may log details about any computer used by you to access our Website. In addition, our Website may store cookies on the web browser of your computer in order to better serve you upon your subsequent visits to our Website.
  8. We protect your personal information from unauthorised access, modification and disclosure. We store your personal information either in hard copy form or as electronic data in our IT systems. We maintain physical security over our hard copy and electronic data, such as locks and security systems. We also maintain computer and network security, for example, by using firewalls and other security systems such as user identifiers and passwords to control access to our computer system.

Definitions

  • (a) “Agreement” means the terms and conditions that apply to the use of the website
  • (b) “Hemera & Nyx” refers to Sole Trading company with the ABN 97327133783
  • (c) “Product/s” means the product that is specified on the purchase order as the product you “
  • (d) “ Order” means the online order form to be completed by you in relation to your purchase
  • (e) “The website” means internet website with the URL www.hemeraandnyx.com.au
  • (f) “You/your” means the user of the website
  • (g) ‘We/us/our” means the Hemera & Nyx brand

Retailer Terms and Conditions

Supply of Goods
  1. All supplies of Goods by us are subject to our Terms & Conditions of Sale which all retail customers need to sign and agree to on commencement of business with us.
  2. RRP’s appear in AU dollars for Australian and New Zealand Customers
  3. Prices are current at time of initial display, but are subject to change without notice.
  4. Where we show prices for our Goods on our Website as “RRP” it means recommended retail price. All prices shown as “RRP” are a recommended price only and there is no obligation to comply with the recommendation.

Consumer Terms and Conditions

Warranty

When you purchase a Hemera & Nyx piece of jewellery, you will enjoy a 12-month warranty on your piece. If the item cannot be repaired, we will send you another piece at no cost except for postage to us and back to you. If your item is out of stock, you will receive a full refund or credit note.

If your item has been damaged by wear and tear, misuse and jewellery that has not been cared for (chipped, broken, bent, worn in salt water), then your warranty is not valid.

Order and Payment

  1. Each order placed by you via our Website is an offer to purchase the product(s) selected by you in your Website shopping cart for the price (including delivery and other charges and taxes) specified on our Website at the time you place your order.
  2. Payment can be made by credit card only. We accept Visa and MasterCard, and Amex. You warrant that you are an authorised user of the credit card or PayPal account used to complete payment.
  3. Transaction fees charged by Visa, Mastercard and AMEX will be passed on at cost.
  4. All orders placed through our Website will be confirmed by us by email. We reserve the right to reject your offer for any reason at any time prior to dispatch.
  5. We reserve the right to limit the quantity of products we agree to sell to you, in our absolute discretion. It is an essential term of this agreement that you do not resell our products to a third party. Customers wishing to be a stockist should contact us directly for more information.
  6. Orders must be paid in full at the time of placing your order via our Website. All prices listed on our Website are in Australian Dollars (AUD) and must be paid in AUD. If you are ordering from outside Australia the charge to your card will be in AUD and your bank or credit card provider will determine the current exchange rate when you complete the transaction. We take no responsibility for the final amount charged to your credit card or PayPal account, including any bank fees charged. Contact your bank or credit card provider for details.

Gift Cards

  1. Gift cards are online only and no physical gift card will be sent out to you. 
  2. Gift cards are only redeemable at www.hemeraandnyx.com.au and not at any participating stockist.
  3. Gift cards are valid for 12-months since purchase date.
Prices
  1. Prices displayed on the Website are inclusive of GST applied at the rate of 10%. You are responsible for any other taxes, duties or other liabilities imposed by any government agency, including without limitation any customs duty, goods and services taxes or any value added tax imposed on any product or service acquired or ordered by you via our Website.
  2. Prices are current at the time of display on our Website, but may change at any time and all orders are subject to availability of products in stock.
Order Delays
  1. If Products ordered are temporarily unavailable you will be contacted within 1 business day to be advised of the delay. You may choose to have the products placed on back order and delivered as soon as they are back in stock or alternatively choose to have a refund processed on your credit card.
Australia-wide Delivery
  1. We offer FREE shipping Australia wide on all purchases over $50. For orders under $50 a flat rate of $9.95 is charged for standard tracked shipping, or express shipping for $15.
  2. We know you’re eager to receive your purchase and our aim is to dispatch orders within 1-3 days, depending on the item (eg custom make, made-to-order or stocked item).
  3. All deliveries are sent via Australia Post. Australia Post next day deliveries are sent using their Express post service.* All orders can be tracked online and need to be signed for at time of delivery. *Express Post delivery times by Australia Post are delivered next day (from dispatch) to most addresses within the Australia Post delivery network, however, are not guaranteed. For more information on delivery times outside of this network you can check online at https://auspost.com.au/parcels-mail/calculate-postage-delivery-times/#/
  4. Please make sure someone is at the address provided during business hours to receive delivery. If there is no one at the address Australia Post will leave a collection card and your parcel will need to be collected from your local post office.
  5. All orders over $50 include signature on delivery. If you wish to have your parcel delivered without signature on delivery, please leave a note in your order.
Order Confirmation and Tracking
  1. After ordering online, you will receive an email confirmation containing your order details. A confirmation email will also be sent with a tracking number when your order is dispatched. Deliveries can be tracked online at  http://auspost.com.au/track/ for all deliveries.
  2. Products will be sent to your address nominated by you as part of the check-out process on our Website. You are responsible for ensuring that your nominated address details are correct.
  3. Deliveries may be totally or partially suspended during any period in which we or our carriers may be prevented or hindered from delivering by any circumstances outside of our reasonable control, including but not limited to strikes, lock-outs, stock shortages, accidents, breakdowns of plant or machinery, storms, adverse weather, pandemics or epidemics, acts of public authorities, floods and other acts of God.
  4. The risk in Products purchased from us will pass to you upon dispatch to our nominated carriers. This means that you are responsible for insuring the products which you purchase from us during transit, if you so wish.

Incorrect Address

It is the customers responsibility to enter to correct shupping address when ordering online. If you have entered an incorrect address, please email hello@hemeraandnyx.com.au as soon as possible as items are processed within 24-hours. 

If you have entered the incorrect address and have received a tracking number, you will need be issued with a $15 postage and return to sender fee.

If you item has already been posted and you realise that you have entered the wrong address, we cannot guarantee that your order will be redirected. In the case that you do not receive your item due to wrong address, we will gladly offer you a discount for another piece, but cannot refund you for your purchase.

Minor discrepancies in Products
  1. You acknowledge that:
    1. some of our products have handmade elements
    2. as such, there may be minor discrepancies between:
      • (a) the visual appearance of our Products as shown on our Website, our other promotional materials and as delivered to you; and
      • (b) individual units comprising the same Product;
      • (c) the size of our Products as ordered and the size of the Products as delivered;
    3. certain Products comprise components which are particularly delicate such our clasps, earring hooks and 
    4. our Products require special care and storage in accordance with our Care Instructions published on our Website;
    5. all such minor discrepancies are not defects and you release us from all liability in relation to any such minor discrepancies and you further agree that you will make no claims against us in respect of any such minor discrepancies.
14 day money-back guarantee
  1. If for any reason you are not completely satisfied with your product, we will refund the purchase price.
  2. Our 14 day money-back guarantee is only valid if we receive the product within 14 days of the purchase date and subject to the following:
    1. Quote your order or invoice number in our order confirmation email as proof of purchase.
    2. Post or courier your return back to 61 Rainbow Pde, Peakhurst Heights NSW in original packaging to avoid damage in transit.
    3. Pre-order items cannot be refunded, and can only be exchanged.
  3. Our 14 day money-back guarantee does not apply to products which have been worn or used, damaged in transit or after delivery, or if any attempt has been made to alter the Product. All Products must be returned in their original condition. Hemera & Nyx will not be responsible for parcels lost or damaged in transit if you choose not to insure.
  4. Sale items including items bought during Black Friday Sale, Flash sales and all other sales are not eligible for a refund or exchange.
  5. Refunds will be processed as soon as the Product is received by us, however, please allow up to 14 days of receipt of the goods for the credit to appear on your account.
  6. All postage and insurance costs are to be paid by the buyer for change of mind purchases. For defective Products, we will provide you with instructions to post back the item free of charge when you contact us for your return authorisation number.
  7. Refunds will be made through the same transaction method used to make the original purchase. If the Product was ordered with a gift voucher or promotional code or voucher, we reserve the right to refund any amounts due to you by issuing you a voucher to the value of the order.
  8. Please note we only accept returns for our products purchased via our Website. We do not accept returns or exchanges for Products sold by one of our stockists.
  9. For hygeine reasons, we do not accept returns for earrings.
Promotional Codes
  1. From time to time, Hemera & Nyx will have special offers that can be applied to your order using a promotional code that we provide you. You will be required to type the Discount or Coupon code on the shopping cart page. The value of the Discount or Coupon will automatically be applied to your order. Please note that only one promotional code can be used per transaction.

Free Gift with Purchase Offer

  1. From time to time, Hemera and Nyx offers free gifts with purchases over a specified amount. This free gift is subject to availability and while stock lasts. If we cannot supply the advertised item, we will supply your with a similar item with the same value.
  2. Our free gift with purchase offer is not available in conjunction with any other offer except free shipping.
  3. If you choose to return part or all of your purchase and the minimum amount required to receive the gift is not met, you must also return the free gift in order to receive a full refund. If the free gift is not returned, the full retail value of that gift will be deducted from the value of the refund.
  4. The free gift cannot be exchanged for any other product. Free gift offers are currently only available online.
Consumer Guarantees & Exclusion of Liability
  1. As a consumer, you have the benefit of the consumer guarantees and other non-excludable rights set out in the ACL. Subject to those consumer guarantees and non-excludable rights, to the extent permitted by law, all representations, warranties and conditions of any kind, implied by statute, general law or custom relating to our products are excluded.
Security Policy
  1. Hemera & Nyx uses the Shopify Payment Gateway for its online credit card transactions. It processes online credit card transactions for thousands of Australian merchants, providing a safe and secure means of collecting payments via the Internet. All online credit card transactions performed on this site using the Shopify gateway are secured payments:
    1. Payments are fully automated with an immediate response.
    2. Your complete credit card number cannot be viewed by Hemera & Nyx or any outside party.
    3. All transaction data is encrypted for storage within Shopify's bank-grade data centre, further protecting your credit card data.

Pre-Orders

All pre-order stock will be mentioned in the description of the product and will be shipped on a dedicated date. 

Please note, if you have ordered multiple items including a pre-order items & in-stock items, we will ship all items all together once the pre-order arrives on it's dedicated date. If you wish to receive an item earlier then the pre-order date, you will need to pay for additional shipping. Contact us for more information regarding shipping for pre-orders using the contact us page.