TERMS OF USE

Complimentary Annual Clean and Inspection

Solitaire Jewellery offers a complimentary annual clean and inspection service for all Solitaire Jewellery collections and custom made pieces. During your annual inspection our qualified personnel will check the setting and gemstones to make sure that they are highly secured and in position

An appointment is required for any clean and inspection service. It can take up to 2-4 business days for these services to be completed, this is dependent on the jewellery item and need for repair. In most cases we are able to provide these services promptly over the course of a few hours. During high peak periods it may take longer.

The following items are not covered by our complimentary annual services.

  • Items repaired or modified by someone other than Solitaire Jewellery.
    • Items soldered or joined onto a Solitaire Jewellery item, by someone other than Solitaire Jewellery
    • Jewellery with significant damage caused by the client that prevents the process of the  service.

Complimentary Resize Service

At Solitaire Jewellery we offer one complimentary resizing within 90 days of purchase. This service is for all classic ring styles and custom made rings. Rings are to be revised within 3 sizes either up or down. If more than three sizes is required, a fee will incur or a new setting may be necessary – any costs in relation to this matter are by obligation of the client. Any personalised or engraved rings may be subject to resize fees

Outside of our complimentary resize period, rings may be resized for a fee. If you are unsure of your or your partners finger size, please refer to our Ring Sizing Guide or alternatively you can speak with one of our consultants in store or by calling us on 9585 8600

WEBSITE TERMS AND CONDITIONS OF USE

  1. About the Website
    1. (a)  Welcome to www.solitairejewellery.com.au (the ‘Website’). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the ‘Products’). The Website provides this service by way of granting you access to the content on the Website (the ‘Purchase Services’).
    2. (b)  The Website is operated by Solitaire Jewellery(ABN 21 063 283 496). Access to and use of the Website, or any of its associated Products or Services, is provided by Solitaire Jewellery. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
    3. (c)  Solitaire Jewellery reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Solitaire Jewellery updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
    4. (d)  If you do not agree with the terms and conditions you should not access or otherwise use the website.
  2. Acceptance of the Terms

(a) You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Solitaire Jewellery in the user interface.

  1. Registration to use the Purchase Services
  1. (a)  In order to access the Purchase Services, you must first register as a user of the Website. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
    1. (i)  Email address
    2. (ii)  Mailing address
    3. (iii)  Telephone number
    4. (iv)  Full name
  2. (b)  You warrant that any information you give to Solitaire Jewellery in the course of completing the registration process will always be accurate, correct and up to date.

(c) Once you have completed the registration process, you will be a registered member of the Website (‘Member’) and agree to be bound by the Terms. As a Member you will be granted immediate access to the Purchase Services.

(d) You may not use the Purchase Services and may not accept the Terms if:

  1. (a)  you are not of legal age to form a binding contract with Solitaire Jewellery; or
  2. (b)  you are a person barred from receiving the Purchase Services under the laws of

Australia or other countries including the country in which you are resident or from which you use the Purchase Services.

  1. Your obligations as a Member

(a) As a Member, you agree to comply with the following: You will use the Purchase Services only for purposes that are permitted by:

  1. (i)  the Terms;
  2. (ii)  any applicable law, regulation or generally accepted practices or guidelines in the

relevant jurisdictions;

  1. (iii)  you have the sole responsibility for protecting the confidentiality of your password

and/or email address. Use of your password by any other person may result in the

immediate cancellation of the Purchase Services;

  1. (iv)  any use of your registration information by any other person, or third parties, is

strictly prohibited. You agree to immediately notify Solitaire Jewellery of any unauthorised use of your password or email address or any breach of security of which you have become aware;

  1. (v)  access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Solitaire Jewellery providing the Purchase Services;
  2. (vi)  you will not use the Purchase Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
  3. (vii)  you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by Solitaire Jewellery for any illegal or unauthorised use of the Website; and
  4. (viii)  you acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.
  1. Purchase of Products and Returns Policy

(a) In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the

‘Purchase Price’).

  1. (b)  Payment of the Purchase Price may be made through Stripe or Zip Pay (the ‘Payment

Gateway Provider’). In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.

  1. (c)  Following payment of the Purchase Price being confirmed by Solitaire Jewellery, you will be issued with a receipt to confirm that the payment has been received and Solitaire Jewellery may record your purchase details for future use.
  2. (d)  Solitaire Jewellery may, at their sole discretion, provide a refund on the return of the Products within 14 days where the product packaging is unopened and remains in a saleable condition. You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund pursuant to this clause.
  3. (e)  For more information please refer to our Refund Policy.
  1. Warranty
  1. (a)  Solitaire Jewellery’s Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the ‘Warranty’).
  2. (b)  You may make a claim under this clause (the ‘Warranty Claim’) for material defects and workmanship in the Products within 12 months from the date of purchase (the ‘Warranty Period’).
  3. (c)  In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase to Solitaire Jewellery showing the date of purchase of the Products, provide a description of the Products and the price paid for the Products by sending written notice to Solitaire Jewellery at Shop 145/400 Narre Warren – Cranbourne Rd, Narre Warren South VIC 3805 or by email at info@solitairejewellery.com.au.
  4. (d)  Where the Warranty Claim is accepted then Solitaire Jewellery will, at its sole discretion, either repair or replace any defective Products or part thereof with a new or remanufactured equivalent during the Warranty Period at no charge to you for parts or labour. You acknowledge and agree that you will be solely liable for any postage or shipping costs incurred in facilitating the Warranty Claim.
  5. (e)  The Warranty shall be the sole and exclusive warranty granted by Solitaire Jewellery and shall be the sole and exclusive remedy available to you in addition to other rights and under a law in relation to the Products to which this warranty relates.
  6. (f)  All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period.

(g) The Warranty does not apply to any appearance of the supplied Products nor to the additional excluded items set forth below nor to any supplied Products where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction.

  1. Delivery
  1. (a)  You acknowledge that the Purchase Services offered by Solitaire Jewellery integrate delivery (the ‘ Delivery Services’) through the use of third party delivery companies (the ‘ Delivery Service Providers’).
  2. (b)  In providing the Purchase Services, Solitaire Jewellery may provide you with a variety of delivery and insurance options offered as part of the Solitaire Services by the Delivery Service Providers. You acknowledge and agree that Solitaire Jewellery is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.
  3. (c)  In the event that an item is lost or damaged in the course of the Delivery Services, Solitaire Jewellery asks that you:
    1. (i)  contact the Delivery Service Provider directly to request a refund or to claim on any insurance options available; and
    2. (ii)  contact us by sending an email to info@solitairejewellery.com.au outlining in what way the Products were damaged in transit so we are able to determine if the Delivery Service Provider should be removed from the Purchase Services.
  1. Copyright and Intellectual Property
  1. (a)  The Website, the Purchase Services and all of the related products of Solitaire Jewellery are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the ‘Content’) are owned or controlled for these purposes, and are reserved by Solitaire Jewellery or its contributors.
  2. (b)  Solitaire Jewellery retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:
    1. (a)  the business name, trading name, domain name, trade mark, industrial design,

patent, registered design or copyright of Solitaire Jewellery; or

    1. (b)  the right to use or exploit a business name, trading name, domain name, trade

mark or industrial design; or

    1. (c)  a system or process that is the subject of a patent, registered design or copyright

(or an adaptation or modification of such a system or process).

(c) You may not, without the prior written permission of G Solitaire aren Jewellery and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

  1. Privacy

(a) Solitaire Jewellery takes your privacy seriously and any information provided through your use of the Website and/or the Purchase Services are subject to Solitaire Jewellery’s Privacy Policy, which is available on the Website.

  1. General Disclaimer
  1. (a)  You acknowledge that Solitaire Jewellery does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
  2. (b)  Solitaire Jewellery will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.
  3. (c)  Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
  4. (d)  Subject to this clause, and to the extent permitted by law:
    1. (i)  all terms, guarantees, warranties, representations or conditions which are not

expressly stated in these Terms are excluded; and

    1. (ii)  Solitaire Jewellery will not be liable for any special, indirect or consequential loss or

damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

  1. (e)  Use of the Website, the Purchase Services, and any of the products of Solitaire Jewellery (including the Delivery Services), is at your own risk. Everything on the Website, the Purchase Services, and the Products of Solitaire Jewellery, are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Solitaire Jewellery including any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase

Services of Solitaire Jewellery) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

  1. (i)  failure of performance, error, omission, interruption, deletion, defect, failure to

correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

  1. (ii)  the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);
  2. (iii)  costs incurred as a result of you using the Website, the Purchase Services or any of the Products;
  3. (iv)  the Content or operation in respect to links which are provided for the User’s convenience;
  4. (v)  any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
  5. (vi)  any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
  1. Limitation of Liability
  1. (a)  Solitaire Jewellery’s total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Solitaire Jewellery is the resupply of information or Purchase Services to you.
  2. (b)  You expressly understand and agree that Solitaire Jewellery, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
  3. (c)  Solitaire Jewellery is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Solitaire Jewellery, by third parties or by any of the Purchase Services offered by Solitaire Jewellery.
  4. (d)  You acknowledge that Solitaire Jewellery does not provide the Delivery Services to you and you agree that Solitaire Jewellery will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.
  1. Termination of Contract
  1. (a)  The Terms will continue to apply until terminated by either you or by Solitaire Jewellery as set out below.
  2. (b)  If you want to terminate the Terms, you may do so by:
    1. (i)  notifying Solitaire Jewellery at any time; and
    2. (ii)  closing your accounts for all of the Purchase Services which you use, where Solitaire

Jewellery has made this option available to you.

  1. (c)  Your notice should be sent, in writing, to Solitaire Jewellery via the ‘Contact Us’ link on our homepage.
  2. (d)  Solitaire Jewellery may at any time, terminate the Terms with you if:
    1. (i)  you have breached any provision of the Terms or intend to breach any provision;
    2. (ii)  Solitaire Jewellery is required to do so by law;
    3. (iii)  the partner with whom Solitaire Jewellery offered the Purchase Services to you has

terminated its relationship with Solitaire Jewellery or ceased to offer the Purchase

Services to you;

    1. (iv)  Solitaire Jewellery is transitioning to no longer providing the Purchase Services to

Users in the country in which you are resident or from which you use the service; or

    1. (v)  the provision of the Purchase Services to you by Solitaire Jewellery is, in the opinion

of Solitaire Jewellery, no longer commercially viable.

  1. (e)  Subject to local applicable laws, Solitaire Jewellery reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Solitaire Jewellery’s name or reputation or violates the rights of those of another party.
  2. (f)  When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Solitaire Jewellery have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
  1. Indemnity

(a) You agree to indemnify Solitaire Jewellery, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(i) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage

(including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;

  1. (ii)  any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
  2. (iii)  any breach of the Terms.
  1. Dispute Resolution
  1. (a)  Compulsory:
    If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
  2. (b)  Notice:

A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

  1. (c)  Resolution:

On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must:

    1. (i)  Within 90 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
    2. (ii)  If for any reason whatsoever, 90 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by Solitaire Enterprises or his or her nominee;
    3. (iii)  The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
    4. (iv)  The mediation will be held in Melbourne, Australia.
  2. (d)  Confidential:

All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.

  1. (e)  Termination of Mediation:

If 90 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

  1. Venue and Jurisdiction

(a) The Purchase Services offered by Solitaire Jewellery is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.

  1. Governing Law

(a) The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

  1. Independent Legal Advice

(a) Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

  1. Severance

(a) If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

  1. Goods and Services Representation

Solitaire Jewellery will take all reasonable steps to ensure that all product descriptions and specifications contained on this website are technically accurate. Whilst all reasonable care has been taken to ensure that product images shown on this website are an accurate representation of the actual product the very nature of imaging product and reproducing those images on a website means that we cannot warrant the accuracy of these representations and product may appear larger or smaller than actual sizes and colours may vary. The colours you see on this website will also depend on your screen display and settings and we cannot guarantee that your monitor’s display of any image will accurately reflect the colour of the product on delivery. Whilst we will take all reasonable steps to ensure that all goods advertised on this website is available we cannot guarantee the availability of

any product. Some goods advertised on this website may not be available in some or all of our stores.All goods and services offered for sale on this website comply with Australian law but we do not warrant that they will comply to the laws of any other country.

  1. Internet Security

Any access to the internet can expose you to the risk of computer viruses, malicious computer code and other forms of interference and you acknowledge that you will adopt your own safeguards to ensure that you minimize your risk of damage to your computer, systems or data. We do not accept any responsibility or liability for any losses that you may sustain as a result of any such activity.

  1. Australian Consumer Law

Consumer guarantees on products and services – Since 1 January 2011, the following consumer guarantees on products and services apply. Products must be of acceptable quality, that is: safe, lasting, with no faults, look acceptable, do all the things someone would normally expect them to do. Acceptable quality takes into account what would normally be expected for the type of product and cost. Products must: match descriptions made by the salesperson, on packaging and labels, and in promotions or advertising, match any demonstration model or sample you asked forbe fit for the purpose the business told you it would be fit for and for any purpose that you made known to the business before purchasing, come with full title and ownership, not carry any hidden debts or extra charges, come with undisturbed possession, so no one has a right to take the goods away or prevent you from using them, meet any extra promises made about performance, condition and quality, such as life time guarantees and money back offershave spare parts and repair facilities available for a reasonable time after purchase unless you were told otherwise.

Services must: be provided with acceptable care and skill or technical knowledge and taking all necessary steps to avoid loss and damage, be fit for the purpose or give the results that you and the business had agreed to, be delivered within a reasonable time when there is no agreed end date.Consumer guarantees on products and services also apply to: bundled products and services, gifts with proof of purchase, sale items, online products and services bought from Australian businesses, second-hand products from businesses, taking into account age and condition.

Who to claim a remedy from – Products – You can claim a remedy from the retailer if the products do not meet any one or more of the consumer guarantees, with the exception of availability of spare parts and repair facilities.The remedies you can seek from the retailer who sold you the product include
a repair, replacement, or refund and in some cases compensation for damages and
loss.The retailer can’t refuse to help you by sending you to the manufacturer or importer.You can claim a remedy directly from the manufacturer or importer if the goods do not meet one or more of the following consumer guarantees: acceptable quality, matching description, any extra promises made about such things like performance, condition and quality, repairs and spare parts – the manufacturer is responsible for ensuring that spare parts and repair facilities (a place that can fix the consumer’s

goods) are available for a reasonable time after purchase unless you were told otherwise. How long is ‘reasonable’ will depend on the type of product.You are only entitled to recover costs from a manufacturer or importer, which include an amount for reduction in the product’s value and in some cases compensation for damages or loss. Services – You can claim a remedy from the supplier if the services do not meet any of the consumer guarantees in relation to services. Remedies

include cancelling a service and in some cases compensation for damages and loss.

Exceptions to guarantees – Consumer guarantees do not apply if you: got what you asked for but simply changed your mind, found it cheaper somewhere else, decided you did not like the purchase or had no use for itmisused a product in any way that caused the problem, knew of or were made aware of the faults before you bought the product, asked for a service to be done in a certain way against the advice of the business or were unclear about what you wanted. Rights to a repair, replacement, refund, cancellation or compensation do not apply to items: worth more than $100,000 purely for business use, such as machinery or farming equipment, you plan to on-sell or change so that you can re-supply as a businessbought as a one-off from a private seller, for example at a garage sale or fete (but you do have rights to full title, undisturbed possession and no unknown debts or extra charges) bought at auction where the auctioneer acted as an agent for the owner (but you do have rights to full title, undisturbed possession and no unknown debts or extra charges) where the contract is to store or transport goods as part of business activities.

Repair, replacement or refund – You can ask a business for your preference of a free repair, replacement or refund, but you are not always entitled to one. For example, the consumer guarantees do not apply if you got what you asked for but simply changed your mind, found it cheaper somewhere else, decided you did not like the purchase or had no use for it. Exceptions to consumer guarantees – If you have a minor problem with a product or service, the business can choose to give you a free repair instead of a replacement or refund. When you have a major problem with a product, you have the right to ask for your choice of a replacement or refund. For a major problem with a service, you can choose to receive compensation for the drop in value below the price paid, or a refund. Repairs – If the problem with a product or service is minor, you must accept a free repair if the business offers you one. If the business fails to give you a free repair within a reasonable time or cannot fix your problem, you can: get it done elsewhere and pass on the costs to the business, ask for a replacement, ask for a refundrecover compensation for the drop in value below the price paid. Repair notices – Under the Australian Consumer Law, businesses accepting goods for repair must provide consumers with repair notices when: the goods being repaired are capable of retaining user-generated data, for example, mobile phones, computers, portable music players and other similar electronic goods, it is the repairer’s practice to supply refurbished goods rather than repair defective goods, or to use refurbished parts in the repair of defective goods. The consumer must receive the repair notice in writing before the goods are accepted by the business for repair. Replacements and refunds. You can ask for a replacement or refund if the problem with the product is major. Replaced products must be of

an identical type to the product originally supplied. Refunds should be the same amount you have already paid, provided in the same form as your original payment. The business may take into account how much time has passed since you bought the product considering the following factors: type of product, how a consumer is likely to use the product, the length of time for which it is reasonable for the product to be used, the amount of use it could reasonably be expected to tolerate before the failure becomes noticeable. For a major problem with services you can cancel the contract and obtain a refund or seek compensation for the drop in value of your services provided compared to the price paid. What is a major problem? A product or good has a major problem when: it has a problem that would have stopped someone from buying it if they’d known about it, it has multiple minor problems that, when taken as a whole, would have stopped someone from buying it if they’d known about them, it is significantly different from the sample or description, it is substantially unfit for its common purpose and can’t easily be fixed within a reasonable time, it doesn’t do what you asked for and can’t easily be fixed within a reasonable time; or it is unsafe. A service has a major problem when: it has a problem that would have stopped someone from buying it if they’d known about it, it has multiple minor problems that, when taken as a whole, would have stopped someone from buying it if they’d known about them, it is substantially unfit for its common purpose and can’t easily be fixed within a reasonable time, it does not meet the specific purpose you asked for and cannot easily be fixed within a reasonable timeit creates an unsafe situation.Returning the product – You are entitled to return a product if you believe that there is a problem. You are generally responsible for returning the product if it can be posted or easily returned. You are entitled to recover reasonable postage or transportation costs from the business if the product is confirmed to have a problem, so keep your receipts. When a product is too large, too heavy or too difficult to remove, the business is responsible for paying the shipping costs or collecting the product within a reasonable time of being notified of the problem. You do not have to return products in the original packaging in order to get a refund. If the product is found not to have a problem, you may be required to pay the transport or inspection costs. An estimate of these costs should be provided to you before the product is collected, and the costs must not be inflated in an attempt to deter you from pursuing your claims. Approaching the retailer or manufacturer. The retailer who sold you the product or service cannot refuse to help you by sending you to the manufacturer or importer. You can approach the manufacturer or importer directly, however, you will only be entitled to recover costs from them, which include an amount for reduction in the product’s value and in some cases compensation for damages or loss. You cannot demand a repair, replacement or refund from the manufacturer.