Terms & Conditions

Introduction
These terms and conditions govern your use of this website. By using this website, you accept these terms and conditions in full.   If you disagree with these terms and conditions or any part of these terms and conditions, please do not use this website.
 
This website uses cookies.  By using this website and agreeing to these terms and conditions, you consent to Soul Jewellery's use of cookies in accordance with the terms of Soul Jewellery's privacy policy.
 
License to Use Website
Soul Jewellery Limited is a registered New Zealand business and is the owner and operator of this website. The company formerly traded as Marion McKellow Jewellery before changing it's legal trading name to Soul Jewellery in May 2016. All references to legal Terms, Conditions and Policies of trade and/or website operation apply to BOTH former and current trading names.

Unless otherwise stated, Soul Jewellery and/or its licensors own the intellectual property rights in the website and material on the website.  All these intellectual property rights are reserved.
 
You may view, download for caching purposes only, and print content from the website for your own personal use, subject to the restrictions set out below and elsewhere in the Terms and Conditions. 
 
You must not:
  • Or in any way use material from this website that in any way conflicts with the interests of Soul Jewellery.
  • republish material from this website (including republication on another website);
  • sell, rent or sub-license material from the website;
  • show any material from the website in public;
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
  • edit or otherwise modify any material on the website; or
  • redistribute material from this website, whether via the internet or otherwise.
Acceptable use
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
 
You must not use this website in any way to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, root-kit or other malicious computer software.
 
You must not use this website in any way that conducts any systematic or automated data collection activities including, (without limitation) scraping data, data mining, data extraction and data harvesting on or in relation to this website without express written consent.
 
You must not use this website in any way to transmit or send unsolicited commercial communications.
 
You must not use this website in any way for any purposes related to marketing without express written consent.
 
Restricted Access
Access to certain areas of this website is restricted.  Soul Jewellery reserves the right to restrict access to areas of this website, or indeed this entire website, at Soul Jewellery’s discretion.
 
If Soul Jewellery provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. 
 
Soul Jewellery may disable your user ID and password at sole discretion without notice or explanation.

No Warranties
This website is provided “as is” with only the representatives and warranties in these terms and conditions and no other.
 
Soul Jewellery does not warrant that:
  • this website will be constantly available, or
  • the information on this website is always current and complete.
 
Nothing on this website constitutes, (or is meant to constitute) advice of any kind.
 
Limitations of Liability
Soul Jewellery will not be liable to you in relation to the contents of, or use of, or otherwise in connection with, this website:
  • to the extent that the website is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
 
These limitations of liability apply even if Soul Jewellery has been expressly advised of the potential loss.
 
Exceptions
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Soul Jewellery liability in respect of:
  • any matter which it would be illegal or unlawful for Soul Jewellery to exclude or limit, or to attempt or purport to exclude or limit, its liability
 
Reasonableness
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. 
 
If you do not think they are reasonable do not use this website.
 
Other Parties
You accept that, as a limited liability entity, Soul Jewellery has an interest in limiting the personal liability of its officers and employees.  You agree that you will not bring any claim personally against Soul Jewellery and its officers, employees, agents and sub-contractors in respect of any losses you suffer in connection with the website.
 
You agree that the limitations of warranties and liability set out in this website disclaimer will protect Soul Jewellery officers, employees, agents, subsidiaries, successors, assigns and sub-contractors.
 
Unenforceable Provisions
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
 
Indemnity
You hereby indemnify Soul Jewellery and undertake to keep Soul Jewellery indemnified against any losses, damages, costs, liabilities and expenses (including without limitation, legal expenses and any amounts paid by Soul Jewellery to a third party in settlement of a claim or dispute on the advice of Soul Jewellery’s legal advisers) incurred or suffered by Soul Jewellery arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
 
Breaches of these Terms and Conditions
Without prejudice to Soul Jewellery’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Soul Jewellery may take such action as Soul Jewellery deems appropriate to deal with the breach, including suspending access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
 
Variation
Soul Jewellery may revise these terms and conditions from time-to-time.  Revised terms and conditions will apply to this website from the date of the publication of the revised terms and conditions on this website.  Please check this page regularly to ensure you are familiar with the current version.
 
Assignment
Soul Jewellery may transfer, sub-contract or otherwise deal with Soul Jewellery’s rights and/or obligations under these terms and conditions.
 
As any arrangement is personal to you, you may not transfer, sub-contract or otherwise deal with your rights and /or obligations.

Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
 
Entire Agreement
These terms and conditions constitute the entire agreement between you and Soul Jewellery in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
 
Law and Jurisdiction
These terms and conditions will be governed by and construed in accordance with New Zealand Law, and any dispute relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the courts of New Zealand.
 
Terms of Sale

All jewellery is to be paid for in full by Visa, MasterCard, American Express, Debit card or Direct Credit.  We do not offer Lay-by on website purchases.
 
Delivery
At time of purchase you will provide as part of the process full name and delivery address.  Soul Jewellery will then deliver the purchased item/s to you on the following terms:
  • Items purchased over NZ$100.00 will be delivered to New Zealand addresses without charge except for Rural Delivery, which will incur a $5.00 delivery fee
  • Items purchased under NZ$100.00 will be delivered to New Zealand addresses with a courier charge of $6.00 and a rural delivery surcharge of NZ$5.00 for Rural delivery.
  • Items purchased for delivery outside New Zealand will be delivered at the cost of courier delivery estimated at the time of purchase.
  • New Zealand Courier post does not deliver to PO Boxes, a physical delivery address will be required at the time of purchase.
 
Risk
The risk in items purchased passes to the purchaser at the time of payment.
 
Insurance
There is the option of having the items purchased delivered by courier, in which case the items purchased are insured in transit.
 
Returns

All on-line purchases are made on the basis that Soul Jewellery will not accept return of any ear-rings or pearl jewellery.  Other jewellery is sold on the basis that it may be returned within 7 days of delivery if unused and in same condition as received.

Cancellations
Once you have placed an order, you cannot cancel it.  If you are unhappy with this product please refer to our returns policy.
 
Delivery outside New Zealand
Items are sold on the basis that Soul Jewellery does not pay import taxes or duties payable on any product delivered outside New Zealand.  If you live outside New Zealand you need to familiarise yourself with any such local charges applicable to you.