Welcome to Aarkai! These Terms of Service ("Terms") govern your access to and use of the aarkai.co website (the "Website"), including any content, functionality, and services offered on or through aarkai.co.

By accessing, browsing, or using the Website, or by purchasing products from us, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use the Website.

1. Definitions

• "aarkai.co," "we," "us," "our" refers to the jewellery business operating the Website.
  
• "You," "your," "customer," "user" refers to the individual or entity accessing or using the Website or purchasing products from us.
  
• "Products" refers to the jewellery items and other goods offered for sale on the Website.
  

2. Eligibility

By using this Website, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

3. Products and Services

3.1 Product Descriptions and Accuracy

We strive to display as accurately as possible the colours, features, specifications, and details of the Products available on the Website. However, we do not guarantee that the colours, information, or other content of the Website is accurate, complete, reliable, current, or free of errors. Your computer monitor's display may not accurately reflect the actual colours of the Products.

3.2 Availability

All Products are subject to availability. We reserve the right to discontinue any Products at any time for any reason. We also reserve the right to limit the sales of our Products or Services to any person, geographic region, or jurisdiction.

3.3 Pricing

Prices for our Products are subject to change without notice. All prices are listed in Australian Dollars (AUD) and are inclusive of Goods and Services Tax (GST) where applicable, unless otherwise stated.

4. Orders and Payment

4.1 Order Acceptance

Your placement of an order does not necessarily mean that we accept your order. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

4.2 Payment

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. We use third-party payment processors to handle payments. We do not store your full credit card details on our servers.

5. Shipping and Delivery

Below you'll find everything you need to know about our shipping and delivery process. We pride ourselves on fast, reliable, and transparent shipping to get our handcrafted jewellery to you as safely as possible.

5.1 Risk of Loss

All Products purchased from the Website are made pursuant to a shipment contract. This means that the risk of loss and title for such Products pass to you upon our delivery to the carrier.

5.2 Processing Time

All orders are processed within 1-3 business days. Please note that we do not process orders on weekends or public holidays.

5.3 Shipping Rates & Delivery Estimates

Shipping charges for your order will be calculated and displayed at checkout.

Domestic (Australia):

• Standard Shipping: $15 flat rate. Estimated delivery time is 3-7 business days.
• Express Shipping: $20 flat rate.
• Free Shipping: Available for all orders over $150 AUD.

International:

• Standard International Shipping: $30 flat rate. Estimated delivery time is 7-21 business days.
• Free International Shipping: Available for all orders over $200 AUD.

Please note that these are estimated delivery times. Delays can occasionally occur.

5.4 Shipment Confirmation & Order Tracking

You will receive a Shipment Confirmation email once your order has shipped, which will contain your tracking number(s). The tracking number will be active within 24 hours.

5.5 Customs, Duties, and Taxes

Aarkai is not responsible for any customs and taxes applied to your order. All fees imposed during or after shipping are the responsibility of the customer (tariffs, taxes, etc.).

5.6 Damages

Aarkai is not liable for any products damaged or lost during shipping. If you received your order damaged, please contact the shipment carrier to file a claim. Please save all packaging materials and damaged goods before filing a claim.

6. Returns, Refunds, and Exchanges

6.1 Return Policy

Our Returns and Exchanges Policy, which forms part of these Terms, outlines the conditions and process for returning Products, requesting refunds, or making exchanges. Please refer to our separate Returns page for comprehensive information.

6.2 Australian Consumer Law (ACL)

Nothing in these Terms limits or excludes any rights or guarantees that cannot be excluded under the Australian Consumer Law (ACL). Our goods come with guarantees that cannot be excluded under 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.

7. Intellectual Property

All content on the Website, including but not limited to text, graphics, logos, images, product designs, photographs, audio clips, digital downloads, data compilations, and software, is the property of aarkai.co or its content suppliers and protected by Australian and international copyright, trademark, and other intellectual property laws. The compilation of all content on this site is the exclusive property of aarkai.co and protected by Australian and international copyright laws.

You may not reproduce, duplicate, copy, sell, resell, or exploit any portion of the Website, use of the Service, or access to the Service or any contact on the Website through which the service is provided, without express written permission by us.

8. User Conduct

You agree not to use the Website for any unlawful purpose or for any purpose prohibited by these Terms. You agree not to:

• Engage in any activity that interferes with or disrupts the Website or the servers and networks connected to the Website.
• Attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website.
• Transmit any worms or viruses or any code of a destructive nature.
• Use the Website to send unsolicited or unauthorized advertising or promotional material.
• Collect or track the personal information of others.

9. Limitation of Liability

To the maximum extent permitted by law, aarkai.co, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

Nothing in these Terms limits or excludes any liability that cannot be excluded or limited by Australian law, including liability for breach of consumer guarantees under the Australian Consumer Law.

10. Disclaimer of Warranties

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

11. Indemnification

You agree to indemnify, defend, and hold harmless aarkai.co and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

12. Third-Party Links

Certain content, products, and services available via our Website may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

13. Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

14. Governing Law and Dispute Resolution

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New South Wales, Australia, and the Commonwealth of Australia.

Any dispute, controversy, or claim arising out of or in connection with these Terms, including any question regarding its existence, validity, or termination, shall be resolved through good faith negotiation between the parties. If a resolution cannot be reached, the parties agree to first consider mediation before pursuing any other legal remedies.

15. Changes to Terms of Service

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

16. Contact Information

Questions about the Terms of Service should be sent to us at:

Email: hello@aarkai.co