These Terms and Conditions apply to the TORUS ARC website located at www.torusarc.com.au, and all associated sites to TORUS ARC. Please read these Terms and Conditions carefully.

  • By using the Site, you agree to be bound by these Terms and Conditions.

  • These Terms and Conditions govern your use of, and any purchase from, the Site, and constitute an agreement between you and TORUS ARC.

  • TORUS ARC reserves the right to change any of these Terms and Conditions or any policy of the Site at any time. Any change will be effective immediately from their date of publication.

  • By remaining on this site you have indicated that you have read, understood and agreed to these conditions. If there is anything on this Site that you have questions about please get in touch..

E-Commerce

While we take every care to make sure our online store is accurate and up to date, from time to time, mistakes may occur (for example stock availability issue). If there’s been an error leading to your order (such as pricing or stock error), we may choose not to fill the order, but we’ll be sure to contact you to discuss your options (for example, placing an order at the correct price, delaying your order, or exchanging your item for another). If we can’t or won’t fill your order, we’ll process a full refund as soon as possible.

Gift Vouchers

We can offer Gift Vouchers through our website. The gift voucher will be emailed to you and maybe redeemed on our website or for a custom order.  Please email hello@torusarc.com.au. Apon request we can provide a hard copy and shipping will be at your expense. It is your sole responsibility as the purchaser to ensure that the voucher is stored securely and given only to the intended recipient. Unless those vouchers are expressed to be subject to other terms and conditions, these conditions apply. Vouchers are redeemable for products or services sold by us on our website only and can’t be refunded, redeemed for cash or applied toward any special, promotion or discounted offer. Vouchers are valid for 1 year from the date of purchase. Vouchers are non-transferable and are not redeemable for cash under any circumstances, including any partial balance remaining after redemption.

Postage and Delivery

We post products within Australia and Internationally. We use Australia Post to help us get our products to you.You agree to pay to us postage fees as per the shipping page. As you know, technology is great but it’s not infallible. If there’s an error in the calculation of your postage costs, we’ll contact you before processing your order to discuss options (such as paying any additional costs or modifying your order). Our delivery service providers may change their fees from time to time, and so you acknowledge and agree that we can vary the postage fees applicable to orders at any time on notice and that such notice is given by posting the updated postage fees on the Website. We ask for your patience as this handling period may vary, for example, if we have a high volume of orders or if it’s made to order.  You acknowledge that we’re not liable for any delay in the dispatch of your order. Delivery times will vary between 3 days to 3 weeks. we’ll do our best to let you know when to expect your delivery, however, this is largely dependent on the delivery service provider (Australia Post). As a guide, your order should arrive within 3-7 days of being posted, unless advised otherwise. 

Delivery Address

It’s your responsibility to make sure that your postal address details are correct- we won’t be responsible for any incorrect or failed delivery if you don’t supply current, accurate postal address details. If your order is undelivered due to your error and returned to us, we reserve the right to require you to pay further postage fees or terminate this agreement and issue a refund in accordance with this agreement. 

Orders Lost in Transit

When we dispatch your order, we will give you a tracking code for you to track the progress of your order. If you’re concerned that your order has been lost or misdelivered, we ask that you contact us as soon as possible, so that we can investigate. You understand that while we’ll investigate your missing order, we make no representations as to responsibility or liability for any lost or misdelivered order. In the event of items lost or damaged in transit, you acknowledge that our liability is limited to the amount of any compensation we are able to recover from the delivery service provider, less our reasonable costs of investigating and applying for any compensation unless otherwise required by law. 

Risk

Risk in each order passes to you on delivery to your nominated address. You must sign for your delivery unless you’ve given authority to leave unattended. If you’ve authorised us or our agents to leave your order unattended at that address, the order will be taken to have been delivered on leaving the order at the address. If you ask us to deliver to an address and you’re not there, but someone else at the address signs for the parcel, the order will be taken to have been delivered on leaving the order with that person. If we accept a return of any goods, risk in those goods will revert to us on our confirmation of receipt of the returned goods. We recommend you use a trackable service to send items back to us. Please make sure to send any jewellery back safely in its original packaging.

Events Beyond Control

As in life, sometimes circumstances beyond our control (strikes, floods, fires and extreme weather events, computer malfunctions, failure of service providers to perform services or injury or illness of key personnel) get in the way. If circumstances we can’t control affect our ability to dispatch your order, you release us from any obligation to dispatch your order while those circumstances continue.  While they continue, we may choose to cancel your order, or otherwise to complete your order once things have returned to normal. If we expect a major delay, we’ll contact you to discuss a suitable solution. 

Australian Consumer Law

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law, which forms Schedule 2 to the Competition and Consumer Act 2010 (Cth) (ACL). If you are an Australian consumer for the purposes of the ACL, you are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Nothing in these terms excludes any right, guarantee or warranty you’re entitled to by law, however, we do exclude all other guarantees, conditions and warranties to the maximum extent permitted by law. We also specifically exclude liability for negligence. Wherever possible, our liability for breach of any condition, warranty or guarantee is limited, at our option, to: 

1. replacement of the product;

2. repair of the product; 

3. payment of the cost of having the product repaired; or

4. such other fair and reasonable remedy as we are ready and willing to provide.

We won’t be liable for any consequential loss or damage or other direct or indirect loss or damage, except where we are unable to limit or exclude such loss under the ACL. If for any reason the ACL doesn’t apply to any order you place with us (for example, if you purchase the product for re-sale with our authorisation or if you are purchasing from outside Australia), then we exclude all liability to you and we’ll only refund an order placed if we can’t fill it if we think it’s reasonable to do so, or otherwise as agreed in writing. Please choose carefully as we do not offer refunds for change of mind. All bespoke orders are made to your specifications and therefore not able to be returned or exchanged. To make an ACL-related claim, please contact us at info@katherinebowman.com.au.

Refund Procedure

If your goods are damaged or defective in any way on delivery (please ensure that many of our pieces are purposely flawed and raw in style and nature), please contact us at hello@torusarc.com.au as soon as possible to arrange a suitable remedy, such as return or exchange. Please note that you are required to inform us of any fault with the goods in the period from delivery until the fault or problem would reasonably be expected to appear. Based on the nature of our products, we estimate this period to be approximately 1 week fault identification period.

Intellectual Property

You acknowledge and agree that all intellectual property rights owned by us or to which we are entitled before and after this agreement will remain our sole property and that nothing in this agreement transfers any ownership in our intellectual property rights to you.

Variation

We can change these conditions at any time by updating this document and giving notice to you by posting a copy on the Website. The changes will take effect immediately on their being posted. 

Severance

If any part of these conditions is found to be void or unenforceable by a court of competent jurisdiction, that part will be severed, and the rest of the agreement will remain in force.

Termination

We may terminate this agreement at any time on notice to you. All disclaimers and limitations of liability will survive termination. On giving such notice, we’ll refund any amounts paid by you in respect of undelivered goods.