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TERMS AND CONDITIONS
Terms & conditions of sale
1.1. The definitions in this clause apply in the terms and conditions set out in this document: Company: Call TV Pty Ltd , ABN 78606199768. of 24 GOTTENHAM ST, GLEBE NSW 2037, AUSTRALIA
Delivery Table:the table defining delivery times, charges and options per delivery country. The Delivery Table may be viewed on our website and is subject to change without notice.
EU: means the European Union.
Force Majeure Event: shall have the meaning given in clause 13.
Goods: the products that we are selling to you as set out in the Order.
Order: your order for the Goods.
Order Confirmation: shall have the meaning set out in clause 2.6.
Order Period: the period beginning at the time you initially place the order and ending at the next order cut-off time as detailed in our Order Periods Table for the country to which the order will be delivered to.
Order Periods Table: the table defining order cut off times for Order Period per delivery country. The Order Periods Table may be viewed on our website and is subject to change without notice.
Terms: the terms and conditions set out in this document.
TV Game Procedure and Policies: the Company’s procedure and policies ruling from time to time regarding conduct and business conducted on and from the television media, a copy of which may be found on our website or obtained from the Company upon request.
we, us and/or our: the Company.
writing: or written includes faxes and e-mail.
you and/or your: the person placing the Order.
1.2. Headings do not affect the interpretation of these terms.
1.3. References here to “clause” refer to the relevant numbered clause in these terms and conditions.
2. BASIS OF SALE
2.1. These Terms, and the Order set out the whole agreement between you and us for the sale of the Goods. Please check that the details in the Terms or on the Order are complete and accurate before you commit yourself to the contract. If you think there is a mistake or omission in these documents, please contact us immediately. Any variation to the Terms or Order that you agree with our authorised employees and agents will be only be binding if recorded in writing. We only accept responsibility for statements and representations by our authorised employees and agents that are made in writing. Please ensure that you read and understand these Terms before you submit the Order, because you will be bound by them once a contract comes into existence between us in accordance with clause 2.5.
2.2. Any samples, drawings, or advertising we issue are produced solely to provide you with an approximate idea of the Goods they describe. In particular:-
2.2.1. whenever metal weights or carat weights are quoted, these are the average for all pieces in that design;
2.2.2. where we offer rings in multiple sizes, the weight will be the average across all pieces in all sizes;
2.2.3. where an item is hand-made or hand-crafted, the variance between the average and any one piece may increase;
2.2.4. throughout the jewellery industry, many gemstones undergo some form of treatment to enhance their appearance or durability. Therefore you should assume that any gemstones you purchase from us are treated. For more details of typical treatments, please see our website; and
2.2.5. whilst we always endeavour to ensure the specified origin of all gemstones is accurate, as some gems are sourced already faceted we cannot always verify the reported origin.
2.3. If any of these Terms are inconsistent with any term of the Order, the Term shall prevail.
2.4. The Order is an offer by you to enter into a binding contract, which we are free to accept or decline at our absolute discretion.
2.5. These Terms shall become binding on you and us when we have despatched the Goods to the address provided by you, at which point a contract shall come into existence between us. Receipt of an order by our Help Team or via our website does not constitute our acceptance of an order.
2.6. We shall assign an order number to the Order and inform you of it (“Order Confirmation”). Please quote the order number in all subsequent correspondence with us relating to the Order.
2.7. We have the right to revise and amend these Terms from time to time. You will be subject to the policies and terms in force at the time that the contract between us arises pursuant to clause 2.5, unless any change to those policies or these Terms is required by law or government or regulatory authority (in which case, it will apply to orders you have previously placed that we have not yet fulfilled).
2.8. Any Order placed through or as a result of the Company’s television programs (whether by telephone, internet or any other method) shall be subject to the Company’s TV Game Procedure and Policies.
2.10. The contract made between us is governed by the laws of the country in which you have purchased the goods.
3. ADVERTISING AND OTHER CONTENT
3.1. The text, images, logos, graphics, photographs, descriptions, illustrations, data and other material used or created by the Company, as well as the selection, assembly and management thereof, are herein collectively referred to as the "Content". We reserve the right to discontinue, correct, delete, update, or change any Content, product specifications and prices at anytime without notice to you.
3.2. Unless otherwise agreed in writing, the Content is the exclusive property of the Company and is protected under the copyrights, trademarks, service marks, and other proprietary rights that are owned by the Company or by third parties that have licensed their use to the Company. Unless we agree otherwise in writing, your use of the Content is limited to your own personal, non-commercial use in connection with shopping and ordering of Goods from the Company and for no other purpose.
3.3. Any use, by you or anyone else authorised by you, other than that specifically authorised in these Terms or in writing by the Company is strictly prohibited. Any unauthorised use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
3.4. Nothing contained herein should be construed as granting, by implication or otherwise, any license or right to use any trademark or service mark of the Company without the written permission of the Company or any third party that may own the trademarks or service marks displayed or utilised by the Company. We will enforce our intellectual property rights to the fullest extent of the law.
3.5. The Content may contain errors, inaccuracies, omissions and typographical errors or may be out of date. You acknowledge that we provide the Content for informational purposes only and that any errors, inaccuracies, or omissions in the Content are not binding on Company unless specifically indicated to be so.
4. DISCLAIMER AND LIMITATION OF LIABILITY AS TO CONTENT
4.1. The Company makes no warranties or representations whatsoever with respect to the Content (whether on our website, in our advertisements and publications or otherwise) or the accuracy, completeness or timeliness of that Content. Without limiting the foregoing, all Content provided by the Company is provided to you “as is”, with no warranty of any kind, either express or implied including but not limited to implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. The “as is” condition of Content is expressly made a condition of any transaction with the Company.
4.2. Under no circumstances will the Company, its suppliers or their respective directors, officers, employees or agents be liable to you or to any third party for any indirect, consequential, incidental, special or punitive damages, whether in contract or in tort including negligence, arising in any way out of access to or use of or inability to access or use Content, lost profits or otherwise, even if the Company is expressly advised of the possibility of such damages.
5. THE GOODS
5.1. We warrant that on delivery the Goods shall:
5.1.1. conform in all material respects with their description (subject to any qualification pursuant to the provisions of clause 2.2);
5.1.2. be of satisfactory quality;
5.1.3. be fit for any purpose we say the Goods are fit for;
5.1.4. be free from material defects in design, material and workmanship; and
5.1.5. comply with all applicable statutory and regulatory requirements for selling the Goods in the country where you have bought the product(s).
5.2. This warranty is in addition to your legal rights in relation to Goods which are faulty or which otherwise do not conform with these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or trading standards office or local equivalent.
5.3. This warranty does not apply to any defect in the Goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, if you use the Goods in a way that we do not recommend, your failure to follow our instructions, or any alteration or repair you carry out without our prior written approval.
5.4. We will take reasonable steps to pack the Goods properly and to ensure that you receive your order in good condition.
5.5. These Terms apply to any repaired or replacement Goods we supply to you in the unlikely event that the original Goods are faulty or do not otherwise conform with these Terms.
6. DELIVERING THE GOODS
6.1. Please see our Delivery Table for delivery times, charges and options.
6.2. Delivery periods may vary depending on address. We do not warrant any time for delivery. Time for delivery is not of essence to the contract. We will not accept any liability for any claims, losses, costs, damages, expenses or similar claimed to have been incurred by you or any third party arising directly or indirectly or connected in any way with a failure to meet an estimated or requested delivery date.
6.3. We will charge you one delivery charge per Order, regardless of the quantity of Goods ordered. Subject, as set out below, if you add to the Order within the same Order Period, you will still only be charged once for delivery. Deliveries to multiple addresses will require multiple orders and multiple delivery charges. If you order “Same Day Shipping”, where available, you may not add additional items to that order.
7. FAULTY GOODS AND RETURNS
7.1. If the Goods become faulty within 30 days of receipt, you will be offered the choice of a refund or, if stock is still available of that particular piece, a replacement.
7.3. To return faulty Goods to us, you will need to fill in the returns form, which can be downloaded from our website, or please contact our Customer Service team for instructions (contact details are available on your delivery note).
7.4. We are not liable for returned Goods which are lost in transit, so it is important that you use an insured delivery method.
7.5. These Terms will apply to any repaired or replacement Goods we supply to you.
8. TITLE AND RISK
8.1. The Goods will be your responsibility from the time of delivery to the delivery address given by you.
8.2. Ownership of the Goods will only pass to you when we receive payment in full of all sums due for the Goods, including delivery charges.
9. PRICE AND PAYMENT
9.1. The price of the Goods will be as per your Order as accepted by us.
9.2. For orders delivered within the EU, these prices include VAT where applicable. For orders delivered outside the EU or Australia you may be required to pay import duties and/or taxes when your order reaches your country. These and any other charges for customs clearance are your responsibility.
9.3. These prices exclude delivery costs, which will be added to the total amount due.
9.4. Credit or debit card orders placed on cards issued outside the EU or Australia may be subject to cross border transaction fees, and all credit or debit card orders may incur fees if placed in a currency other than that for which the card is issued. These charges, and any similar ones with alternate payment methods, are outside of our control and must be paid by you directly to your card issuer.
10. 30 DAY "NO QUIBBLE" GUARANTEE
10.1. Whenever you buy Goods from us you have the benefit of our "No Quibble" 30 day guarantee, which starts on the day you receive your Goods. If for any reason you are not satisfied with a piece of jewellery, just complete the returns form from the website and send the item back to us for a full refund of the item price.
10.2. To take advantage of this guarantee, you must ensure that the Goods are returned to as new, this means that:
10.2.1. you must not remove the identification tag that is attached to the Goods;
10.2.2. with earrings (and any other jewellery for piercings) you must not break the hygiene seal;
10.2.3. you must not have altered the Goods - for example, we cannot accept returns of rings that have been re-sized;
10.2.4. you must return the Goods in all its original packaging and with its original authenticity card (if supplied);
10.2.5 you must ensure that the outer packaging is sufficient to protect the Goods in transit.
10.3. You do not need to contact us prior to returning the Goods - simply follow the instructions on the website, with your order, making sure you use an insured delivery method.
10.4. Provided that the Goods are received by us as new, we will process your refund within a maximum of 30 days of receiving your returned Goods into our warehouse.
10.5. We do not refund the cost of the original delivery charges or the return delivery charges.
11. YOUR RIGHT TO CANCEL
11.1. For orders delivered within the EU, under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you have the right to cancel your contract with us by informing us in writing that you wish to do so at any time during the period which commences on the day the contract comes into existence and ends on the expiry of fourteen working days beginning on the day after you receive delivery of the Goods.
11.2. In this case, you will receive a full refund of the price paid for the Goods within 30 days.
11.3. You must return the Goods to us within 21 days, in an unused and re-saleable condition with all the original packaging, and at your own cost.
12. LIMITATION OF LIABILITY
12.1. Subject to clause 12.2 and clause 12.3, if either of us fails to comply with these Terms, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these Terms at the time we entered into this contract with one another.
12.2. Subject to clause 12.3, neither of us shall be responsible for losses that result from our failure to comply with these Terms which fall into the following categories:
12.2.1. loss of income or revenue;
12.2.2. loss or profit;
12.2.3. loss of business;
12.2.4. loss of anticipated savings;
12.2.5. loss of data;
12.2.6. any waste of time; or
12.2.7. consequential loss.
However, this clause 12.2 shall not prevent claims for foreseeable loss of, or damage to, your physical property.
12.3. Nothing in this agreement excludes or limits in any way our liability for:
12.3.1. death or personal injury caused by our negligence;
12.3.2. fraud or fraudulent misrepresentation;
12.3.3. any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
12.3.4. defective products under the Consumer Protection Act 1987; or
12.3.5. any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
13. EVENTS OUTSIDE OUR CONTROL
13.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (Force Majeure Event).
13.2. A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following:
13.2.1. strikes, lock-outs or other industrial action;
13.2.2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
13.2.3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
13.2.4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
13.2.5. impossibility of the use of public or private telecommunications networks;
13.2.6. the acts, decrees, legislation, regulations or restrictions of any government; or
13.2.7. pandemic or epidemic.
13.3. Our obligations under these Terms are suspended for the period that the Force Majeure Event continues, and we will have an extension of time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms can be performed despite the Force Majeure Event.
14.1. All notices sent by you to us must be sent in writing by pre-paid post to the Company to the address Call TV Pty Ltd , ABN 78606199768. of 51 GOTTENHAM ST, GLEBE NSW 2037, AUSTRALIA. We may give notice to you at either the e-mail or postal address you provide to us in the Order. Notice will be deemed received and properly served three days after the date of posting of any letter or if we notify you by e-mail, within 24 hours after the e-mail is sent to your given e-mail address. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that the e-mail was sent to the specified e-mail address of the addressee.
15.1. You agree to defend, indemnify and hold harmless the Company, its affiliates, employees, officers, directors, and agents from any claim, losses, damages, liabilities, costs, or demand, including reasonable professional advisers’ fees, arising out of or relating to your breach of these Terms; provided, however, this indemnity shall not apply to any claim, losses, damages, liabilities, costs or demands resulting from the Company’s negligence or wilful misconduct. This indemnity shall continue to endure notwithstanding prior fulfilment of the Order or other termination thereof.
16.1. If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
16.2. If we fail, at any time while these Terms are in force, to insist that you perform any of your obligations under these Terms, or if we do not exercise any of our rights or remedies under these Terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you, that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these Terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
16.3. Nothing in these Terms and Conditions will reduce your statutory rights relating to faulty or wrongly described goods. For further information about your statutory rights contact your local authority Trading Standards Department, Citizen's Advice Bureau or local equivalent.
TV game procedures & policies
About TV games
On our TV channels, websites and through our downloadable apps, we run a series of product presentations conducted through live video feeds (each, a "TV game"). TV games may differ in format, but will generally feature a price that may fall over time and a quantity of items that are available.
From game to game, the number of featured items that are available to be purchased at the final price will vary. At some point in the game, we may bring on screen an indication of the number of opportunities we have remaining in that particular game (the "game quantity remaining". This is an indication of how many more of that item we intend to sell in that game. It is not necessarily representative of the total number of items we may have in stock in our vault (the "vault quantity") at any given time (that is, we may have more of the item available than the number indicated as "Left In This Auction"). There is no obligation on us to sell the entire game quantity remaining; likewise we may sell more than this quantity where there is greater demand than we anticipated and there is sufficient un-allocated stock in our vault.
Starting price (falling from price)
Keep in mind that the starting price in any TV game is merely the price that we have selected to initiate the TV game and does not necessarily represent the fair market value, suggested retail price or other generally used or accepted selling price for the item(s). Prices quoted are subject to our terms and conditions of sale.
Once a particular TV game begins, the price for the featured item may start to fall and may periodically be reduced until we, in our absolute discretion, decide to move on to the next item. We can move on to the next item before all, or any, of the game quantity has been allocated to customers. When we move on to the next item, the previous game may remain open until it is terminated (see below) and customers can continue to purchase the item at the final price if sufficient quantity is still available to be allocated.
Placing your bid
If you see an item that you would like to bid on, you may place your bid when it reaches the price you are willing to pay. By placing your bid you agree that you are able and intend to purchase the item(s) you bid on at the final price (which may or may not be lower than the amount of your bid) - should your bid be accepted by us.
Allocation of items
Following your bid, an item will be allocated to you either when you have checked out your order, or when you have successfully placed an order with our Help Team for the item. Once an item has been allocated to you, you will have reserved the item for purchase and you will have agreed to purchase the item - subject to our cancellation and return policies. If you choose not to check the item out immediately, then you may lose it to other bidders if we have more demand for the item than the vault quantity. Whilst we have sufficient quantity, the item will remain in your basket at the final price.
Reducing the game quantity
Whilst a TV game is being displayed, our producer will use their best efforts to ensure that the remaining game quantity reflects how many more opportunities exist for viewers to bid for one of the remaining quantity. In doing so, they will use all the information that they have to hand including the current and historical activity on our website and telephone lines. For various reasons, the game quantity remaining will not always be a precise representation of the exact game quantity remaining and should be treated as an indication. For example, callers may hang up before speaking to our Help Team, or may purchase multiple quantities. Our producers are trained to use their experience to make the on-screen quantity as accurate as possible, but by participating in TV games you accept that they can and will exercise their discretion and judgement to do so.
Termination of TV games
TV games usually terminate at the earlier of one hour from when the graphics are removed from the screen at the end of the main presentation of the item, or when we have allocated the vault quantity to customers. We may, at our discretion, display an item on screen again after the main presentation if there is still some of the game quantity available; this does not extend the length of the auction and it will still terminate in accordance with this paragraph. Games that have not yet terminated may also be displayed on our website. Where we are running showcase TV games that start simultaneously, these will also terminate simultaneously at the end of the showcase. Starting a showcase will also terminate any other TV games that were still running at that time.
The final price is the last (and lowest) price that we display prior to removing the on-screen graphics in the main presentation of a TV game. Regardless of the price at the time of your bid, you will pay the same final low bid price as all the other successful bidders if you successfully have an item allocated to you.
Where a telephone call is received after a TV Game has terminated, the bidder will not be entitled to purchase the item at the final price. However, if any allocated items are cancelled by customers, we reserve the right to (but do not obligate ourselves to) contact bidders who were turned away after the termination of the game in order to offer them the product at the final selling price.
Good faith participation in games
The success of the TV games depends on the good faith of the participants. We try to strike a reasonable balance between allowing cancellations and returns and maintaining the integrity of the TV games. While we do have a “no questions asked” 30-day return policy all participants in TV games must place their bids in good faith with the intention of purchasing the item at the bid price - or at a lower price if the price continues to fall before the game ends.
This website is operated and managed by EsoTv
You can browse the Site without telling us who you are or revealing any personal information about yourself. Once you give us your personal information, you are not anonymous to us. If you choose to provide us with personal information, you consent to the transfer and storage of that information to our servers located in Hungary. Where sensitive data is stored, it is held in an encrypted form, only readable by programs that are themselves protected by password and by access point.
We may collect and store the following personal information:
You can register as a member at no cost or obligation to you. Registering as a member requires you to enter an email address and password ("Membership Information"). When you become a member, we assign you a Customer Number and store the date of membership. On the membership form, you may opt out of receiving any newsletters that we may send. If you do not opt out when joining, we will send newsletters to you as they are created. On each newsletter, you will be given the facility to opt out of receiving future newsletters. This information is made available to our Operational and Marketing staff. Note that all of your activities on the Site will be traceable to your Customer Number.
When entering into a sales transaction we require, in addition to the Membership Information, certain contact information. This extends your membership record to include your Name, Address and Telephone Number.
When goods are to be delivered, we need to have delivery details, so we will require you to provide a Delivery Name, Address and Telephone Number. This information may also be shared with any courier company that we may use for the delivery of the goods.
Credit/debit card information
When paying for goods or services via credit card, we require you to enter your credit card number, expiration date, card type (MasterCard, Visa, etc.), card holder name and card security code. This information is entered directly on to a page hosted by our credit card payment processing provider, a PCI DSS Level 1 certified facility, who store these details in encrypted format and provide us with a 'token' that we store and use to refer to the card for transactional purposes. They also provide us with the first six and last four digits of the card number, the card holder name, and the expiration date which we store to assist in identifying which card you wish to use in the future. We do not store the full credit card number at any time. Due to our use of the 'token' system, card information does not need to be made available to our Operational staff and it is not possible for any of our staff to obtain full credit card information.
When you place an order, we will keep a record of the type(s) of item(s) purchased, the quantity, pricing information and any delivery cost. For analysis purposes, we also store the date the order was placed and the date it was shipped. This information may be made available in summary, non-specific form to any of our business partners by way of analysis or the payment of royalties and/or licenses in the supply of such goods. At the end of placing the order, we may ask you to enter certain simple items of marketing information to help us develop our business. You may elect to not enter this information.
Our primary purposes in collecting personal information are to allow for payment by credit or debit card while providing you with a safe, smooth, efficient, and customised experience. You agree that we may use your personal information to:
If you are opted in:
Our disclosure of your information
We may disclose personal information to respond to legal requirements, enforce our policies, respond to claims that a listing or other content violates the rights of others, or protect anyone's rights, property or safety.
We may also share your personal information with:
We use "cookies" (small files placed on your hard drive) on certain pages of the Site to reference information stored on our server, such as member details and any preferences, in order to improve your browsing experience. Cookies are also used to track user's behaviour on our Site for analysis purposes, so that we may work towards offering a better service to our customers. Third party referrals to our Site, from either their web site, from a dedicated link elsewhere, or from a printed URL are recorded using a cookie, which enables us to pay any commissions due to the referrer for your visit to our Site. Cookies are stored in the server logs and their contents are stored in the Site's database. Browsing behaviour, in anonymous form, may be made available to our Marketing and Operational staff and may be relayed to any business party in the interests of improving our services. We do not profile individual customers using cookies.
A few important things you should know about cookies are that:
To unsubscribe from our mailing list simply click on the unsubscribe link at the bottom of any of our marketing emails and you will be opted out of all email communications.
Linking to other web sites
Accuracy of our Site
We make every effort to ensure the accuracy of our Site, both in its operation and its content. If you discover any errors or omissions, please email the details to: firstname.lastname@example.org