Terms & Conditions of Sale

Ewa Jewelry features exclusively designed collections. Each jewelry piece is created from high grade 925 Silver. Some designs include original reclaimed artefacts from Papua New Guinea. All items are individually handcrafted by Bianca herself as well as specialised gold and silver smiths.

If the piece of interest is unavailable right at this moment, a new item can be ordered.

Please note, as each item is unique, variations in detail and finish may occur.

We do offer a return policy if you are dissatisfied with your purchase made online.

- All Jewelry Pieces marked "Price On Application" require the customer to contact us via email prior to the purchase of the piece. The price of these select items will be discussed via email correspondence upon which the customer can chose to agree upon the purchase price and shipping options. No $0.00 purchase will be seen as a sale on these items and the the transaction will be made void.

- Returns must be received within 7 business days of the delivery of the item to the customer.

- Include your proof of purchase (packing slip from your delivery or your PayPal receipt).

- Returned items must be without wear and in its original condition.

- All special order sales are final, including any alterations and/or modifications requested by the customer.

- A special order includes any item/s not in stock which was made especially for the customer.

- Shipping & insurance charges will be deducted from any returns.

- All return shipments must be insured for the full dollar amount and shipped back to us via DHL.

- Please contact us prior to returning the item so as we know you intend on making a return of your purchase.

- Use the original packing for shipping. We will not be held responsible for any damage in transit caused by poor packing.

- Once items have been received in their original condition, we will then send you an approval with details of the refund.

- We can only refund into the same account that was used for the original purchase.

- We don’t refund any shipping costs incurred by you.

- A refund can only be issued if the goods are returned and are in the same condition they were first sent.

- Insurance must be requested by the purchaser upon which an added cost will incurred. All items will be sent via a Trackable service. Once the item has arrived in the country of destination, we claim no responsibility of any lost or stolen goods but will assist in any claims made.

TERMS AND CONDITIONS OF SALE

Below are my terms and conditions. Please contact me if you have any questions about anything – Bianca

OWNERSHIP

Ewa Tribal Jewelry is the trading name of Ewa Collective and is a company owned by Bianca Todorov, based in Port Douglas, Australia.

INTRODUCTION

EWA TRIBAL JEWELRY (“we”, “us”) website(s) (our “Website” or “Websites”) and related services are made available to you in accordance with the following Terms of Use & Service, and any other rules posted on our Website (collectively, the “TOS”). Please read the TOS carefully before placing any orders on our Website. We recommend you keep a copy of the TOS for future reference.

We wish to draw your attention to our policies relating to the terms of purchase within the TOS and our Privacy Policy. We reserve the right to accept orders from those over 18 years of age only. We may modify the TOS from time to time. Please read the TOS and check back often. If you do not agree to any change to the TOS then you must immediately stop using the Website. Any changes made after you have placed an order will not affect that order unless we are required to make the change by law.

ELIGIBILITY TO PURCHASE

In order to make purchases on the Website you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided.

The Website is available only to individuals and others who meet the EWA TRIBAL JEWELRY terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to EWA TRIBAL JEWELRY, whose applications are acceptable to EWA TRIBAL JEWELRY and who have authorized EWA TRIBAL JEWELRY to process a charge or charges on their credit/debit card for the amount of the total purchase price for the merchandise they wish to purchase.

EWA TRIBAL JEWELRY reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.

By making an offer to purchase merchandise you expressly authorize EWA TRIBAL JEWELRY to perform credit checks and where deemed necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit/debit card number or credit reports, to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorization and to authorize individual purchase transactions.

Furthermore, you agree that we may use Personal Information provided by you in order to conduct appropriate anti-fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information. Please refer to our Privacy Policy for further information about how we use your data.

ORDERS

All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers. When you order an Item from EWA TRIBAL JEWELRY you are offering to buy it for the price stated, subject to these Terms. You will be guided through the process of placing an order by a series of instructions on the Website. You place your order for Items from the Website by clicking on the [CHECKOUT] button at the end of the on-line order process.

All prices are AU-based. Prices in other currencies are estimates only, based on the approximate rate of exchange at the time of browsing.

Once you have placed your order, we will send you an email acknowledging the exact details of your order. Unless we have notified you that we do not accept your order or you have cancelled your order in accordance with the Returns policy set out in the relevant section below, our acceptance of your order and the completion of the contract between you and seller will take place when you receive an email from us confirming the Items ordered by you.

Our acceptance of your order will be deemed complete and received by you at the time and date of sending of the email, which time and date is specified on the email. The deemed time and date of receipt by you shall apply regardless of whether, for reasons outside our control, you have not received that email.

If you require any information regarding your order(s) please contact EWA TRIBAL JEWELRY at info@ewaoceanicgallery.com or fill in the FORM on the page “CONTACT”. We may not accept your order if: 1) an item you have ordered is out of stock; 2) we are unable to obtain authorisation for your payment; 3) we identify a product or pricing error.

We reserve the right to reject any offer to purchase by you at any time and at our sole discretion. If we are unable to fulfil your order following our order acknowledgement, we will contact you by email or telephone advising you of this. See our Exchanges and Returns policy. We will try to keep our Website as up to date as reasonably possible but cannot guarantee that any particular Item will always be available. If we cannot supply any Item we will release the funds being held by us for the purchase.

ACCEPTANCE OF YOUR ORDER

Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the TOS.

We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Website whether or not that merchandise has been sold, by removing, screening or editing any materials or content on the Website, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

CANCELLATIONS AND AMENDMENTS TO ORDERS

EWA TRIBAL JEWELRY is not obliged to accept any request by you for a cancellation or amendment of an Order.

If you discover that you have made a mistake with your Order after you have submitted it to EWA TRIBAL JEWELRY via the Website, you may request the Order be cancelled or amended. EWA TRIBAL JEWELRY does not guarantee that it will be able to cancel or amend the Order in those circumstances.

EWA TRIBAL JEWELRY will refund any payment already made by you to your original payment method where an order is cancelled as contemplated by this clause, and before it has been accepted by EWA TRIBAL JEWELRY.

PRICING POLICY

All prices and offers remain valid as advertised. The AU Dollar price of a product displayed on the Website at the time the order is accepted will be honoured, except in cases of patent error. All prices indicated for Items sold by EWA TRIBAL JEWELRY exclusive of customs duties and taxes in your country and are quoted in AU Dollar, with an approximate indication of the price in other currencies, based on a daily updated exchange rate. Please note that these are an approximate conversion and that each currency is subject to a general fluctuation depending on the exchange rate at the time it was entered. These currencies will be updated on a regular basis but may not reflect the daily exchange rate.

These prices are subject to change if the applicable currency exchange rate changes before your order is accepted or the items are subject to markdowns at any time during the selling period. We recommend you contact your local customs authorities to determine a landed cost price prior to purchase completion. If you are a customer whose credit/debit card is not denominated in AU Dollars, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.

PAYMENT

Payment can be made by using all major credit and debit cards through the PayPal system. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to EWA TRIBAL JEWELRY we will not be liable for any delay or non-delivery. We take all reasonable care to make our Website secure. EWA TRIBAL JEWELRY does not store your credit card details on our systems. However all other details will be fully encrypted and only used to process the order which you have initiated. Furthermore, we take reasonable care, insofar as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Website. To help ensure that your shopping experience is safe, simple, and secure, EWA TRIBAL JEWELRY and our banking system use Secure Socket Layer (SSL) technology.

CREDIT CARDS

Your credit card company may undertake an additional security check to confirm it is you making the order.

DELIVERY

EWA TRIBAL JEWELRY aims to deliver your chosen items to the place and person of your choice, in perfect condition and in the shortest possible time. All purchases are sent via Australia Post. You will receive a tracking number for your package so that you may check its whereabouts on the Posts website.

Delivery time is normally within 2 weeks, depending on when your order is processed and the location you require the order to be shipped to. If your order cannot be delivered within the timeframe specified at the time the order is placed, we will notify you and try to rectify the situation as quickly as is practically possible.

DISPATCH

Each piece is usually dispatched within 1 to 2 days of order. You will receive a tracking number as soon as your order is dispatched.

Estimated delivery times are to be used as a guideline only. EWA TRIBAL JEWELRY is not responsible for any delays caused by any local OR international customs clearance processes.

OWNERSHIP

EWA TRIBAL JEWELRY will retain the legal ownership of the Items until full payment has been made by you and such payment has been received by us. Legal ownership of the Items will immediately revert to us if we refund any such payment to you. Full ownership and consequent responsibility will pass to you upon delivery.

EWA TRIBAL JEWELRY requires a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfilment by EWA TRIBAL JEWELRY and transfer of responsibility in the same way.

TAXES & DUTIES

Please note that your purchase may be subject to import duties and taxes, which are levied once the goods reach the country of destination. Any such charges levied in relation to customs clearance must be borne by you, unless explicitly included as a cost item during checkout. It is accepted by you that EWA TRIBAL JEWELRY has no control over additional charges in relation to customs clearance. We recommend that you check with your local customs officials for more information regarding importation taxes/duties that may be applicable to your online order.

FORCE MAJEURE

EWA TRIBAL JEWELRY shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond its reasonable control.

EXCHANGES AND RETURNS

Please refer to our Exchanges and Returns Policy.

GIFT RETURNS

If you have received an item from EWA TRIBAL JEWELRY as a gift and you want to return it, you will be issued with a Credit Voucher for the same value as the purchased item, excluding shipping costs. In case of a new purchase for the same value or more, you pay the cost difference and the additional shipping, taxes, and import duties, and any additional charges incurred as a result of the exchange.

SIZE, COLOURS AND PATTERNS

We have made every effort to display as accurately as possible the size, colours and patterns of the pieces that appear on the website. I send you the piece as photographed. However, as computer monitors and device screens vary, we cannot guarantee that your monitor’s display of any colour will be completely accurate.

INTELLECTUAL PROPERTY RIGHTS

All content available on the Website, including, but not limited to, text, graphics, logos, buttons, icons, images, audio clips, data compilations and software, and the compilation thereof (the “Content”) is the property of EWA TRIBAL JEWELRY, our partners or our licensors, and is protected by AUSTRALIA and international copyright laws.

Any trademarks, logos, and service marks displayed on the Website (collectively, the “Trade Marks”) are the registered and unregistered marks of EWA TRIBAL JEWELRY our licensors or our partners, in AUSTRALIA and other countries, and are protected by AUSTRALIA and international trade mark laws.

All or any other trademarks not owned by us, our affiliates, our partners or our licensors that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. Neither the Content, the Trademarks, nor any other portion of the Website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in full or in part, for any purpose without our prior written consent.

CONTENT

In addition to the Intellectual Property Rights mentioned above, “Content” is defined as any graphics, photographs, including all image rights, sounds, music, videos, audio or text on this Website. EWA TRIBAL JEWELRY endeavours to ensure that the information on this Website is accurate and complete. EWA TRIBAL JEWELRY does not promise that the Website’s Contents are accurate or error-free.

EWA TRIBAL JEWELRY does not promise that the functional aspects of the Website or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.

By posting you agree to be solely responsible for the content of all information you contribute. You also grant to EWA TRIBAL JEWELRY a right to use any content you provide for its own purposes including republication in any form or media. Comments may be moderated but GERDA GOOSEN JEWELLERY does not commit to checking all content and will not be liable for third party posts.

If you have a complaint about any posts please mail info@gerdagoosen.com. GERDA GOOSEN JEWELLERY reserves the right at its sole discretion not to publish or to remove any comment including those that it believes may be unlawful, defamatory, racist or libellous, incite hatred or violence, detrimental to people, institutions, religions or to people’s privacy, which may cause harm to minors, is detrimental to the trademarks, patents and copyrighted content, contains personal data, improperly uses the medium for promoting and advertising businesses.

This Website is available to the public, hence information you consider confidential should not be posted to this Website. The personal opinions of any third parties with whom we are associated are their own and do not necessarily reflect the views of EWA TRIBAL JEWELRY and we accept no responsibility for any such views expressed in any media.

NO COMMERCIAL USE

This Website is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within this Website. You may not use this Website, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website.

YOUR ACTIVITY

You agree that you will be personally responsible for your use of this Website and for all of your communication and activity on and pursuant to this Website. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the TOS, we may decide to deny you access to this Website on a temporary or permanent basis.

LIMITS ON OUR LIABILITY

If the goods we deliver are not what you ordered, or are damaged or defective, or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us by email or by filling in the FORM on the “CONTACT” page, describing the problem within 14 days of the delivery of the goods in question. Exchanges and Returns are as per our Exchanges and Returns Policy.

If EWA TRIBAL JEWELRY breaches the TOS we shall only be liable for losses that are direct losses and a reasonably foreseeable consequence of such a breach. Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses including loss of profits, business or goodwill howsoever arising from any problem you notify us of and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question.

You must observe and comply with all regulations and legislation, including abiding by all necessary customs, import or other formalities to purchase goods from our Website. The importation or exportation of certain of our goods to you may be prohibited by the laws of your country.

We make no representation and accept no liability in respect of the export or import of the goods you purchase. Nothing in these terms and conditions is intended to limit any rights you might have as a consumer under local law or other statutory rights that may not be excluded or limit our liability to you for any death or personal injury resulting from our negligence.

PRIVACY POLICY

Please refer to our Privacy Policy.

CONTACTING US

If you would like some help when ordering, have a query about your order or would like to provide us with feedback on our service, please send an e-mail to info@ewaoceanicgallery.com or fill in the FORM on the page “CONTACT”.

NO WAIVER

If you breach the TOS and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the TOS.

GOVERNING LAW

Your use of this Website and any purchase by you of any Item from EWA TRIBAL JEWELRY shall be governed by AUSTRALIAN law and you agree to submit to the exclusive jurisdiction of the AUSTRALIAN courts.

Ewa Tribal Jewelry - Bianca Todorov