Terms of service

Welcome to Pure & Co. ("we", "us", "our"). These Terms govern your use of pureandco.com and any purchases made through our website (the "Services"). By accessing or using the Services, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree, you must not use the Services.

1. Access & Eligibility

You confirm that you are at least 18 years old or the legal age of majority in your jurisdiction. You agree to provide accurate and complete information when creating an account, placing an order, or contacting us. You are responsible for keeping your login information secure.

1. Products

We aim to display product descriptions, images, colours, and dimensions as accurately as possible. However, variations may occur due to device settings, lighting, or the handmade nature of jewellery. Small differences in the placement of stones, chain length, or finish are normal and are not considered faults. We may modify, update, or discontinue products at any time without notice.

1. Personalised & Customised Products

Certain products can be personalised with names, initials, dates, photos, birthstones, or a chosen size. By placing an order for a personalised item you confirm that:

• All text, spelling, sizes, and selections you entered are correct
• You own or have permission to use any photo you upload, and it does not infringe the rights of any third party or contain unlawful content
• You understand that personalised items are made to order and cannot be cancelled after 12 hours, or returned, exchanged, or refunded for change of mind, as set out in our Refund Policy

We reproduce personalisation exactly as entered. We are not responsible for errors in customer-supplied information or for poor results caused by low-quality or low-resolution photos. We reserve the right to refuse personalisation requests that are offensive, unlawful, or infringe third-party rights; in that case you will receive a full refund.

1. Orders

When you place an order, you make an offer to purchase the selected product(s). We reserve the right to accept or decline any order at our discretion. An order is considered accepted when payment has been successfully processed and you receive an order confirmation email. If we must cancel an order due to stock issues, pricing errors, or other circumstances, we will notify you using your checkout contact information. If payment was collected, you will receive a full refund. Purchases are for personal use only and not intended for resale.

1. Prices, Taxes & Billing

All prices are displayed in AUD unless otherwise stated. Depending on your location and applicable laws, prices may include GST or have GST added at checkout. You authorise us to charge your selected payment method for all orders placed through our website. We are not responsible for additional charges imposed by your bank, such as currency conversion fees or international transaction fees.

1. Shipping & Delivery

Shipping is provided according to our Shipping Policy. Delivery timeframes are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs (if applicable), weather, or other factors beyond our control.

1. Returns & Refunds

Returns and refunds are handled in accordance with our Refund Policy, which forms part of these Terms. Personalised and customised items are excluded from change-of-mind returns. Nothing in these Terms limits your rights under the Australian Consumer Law (ACL), including your rights to a repair, replacement, or refund in the event of a product failure.

1. Jewellery Care

Our jewellery is designed for everyday wear but is not indestructible. Damage caused by exposure to water, perfume, chemicals, impact, or improper storage is not covered as a fault. Care instructions are provided with your order and on our website.

1. Intellectual Property

All content on pureandco.com, including text, images, product designs, graphics, logos, and layout, is owned by Pure & Co. or its licensors. You may use the Services for personal, non-commercial purposes only. You may not reproduce, copy, or distribute content; modify or create derivative works; use trademarks without written permission; or scrape, extract, or mine data from the site. All trademarks and product names belong to their respective owners. You retain ownership of photos you upload for personalisation and grant us a limited licence to use them solely to produce your order.

1. Third-Party Tools & Links

We may provide access to third-party tools or link to external websites. These are provided "as is" and without warranties. Use of third-party tools or sites is at your own risk. We are not responsible for the terms, content, or privacy practices of external providers.

1. Relationship with Shopify

Our store is hosted by Shopify, which provides the e-commerce platform and related processing services. Shopify is not a party to your purchase contract. All obligations regarding product sales, delivery, returns, and support rest solely with Pure & Co.

1. Prohibited Uses

You agree not to use the Services for unlawful activities; to violate Australian regulations; to infringe any intellectual property rights; to transmit malware, harmful code, or disruptive content; to collect personal information without consent; to interfere with website security or functionality; or to engage in fraudulent or abusive behaviour. We may suspend or terminate access if misuse is suspected.

1. Disclaimer of Warranties

Except where prohibited by Australian law, the Services and products are provided "as is" and "as available", without warranties of any kind. We do not guarantee that the website will operate without interruptions, that it will be error-free or secure, or that product descriptions are flawless (though we aim for accuracy).

1. Limitation of Liability

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any non-excludable rights under the Australian Consumer Law (ACL). To the fullest extent permitted by law, our total liability for any claim relating to your use of the Services or your purchase is limited to the amount you paid for the product in dispute.

1. Indemnification

You agree to indemnify and hold harmless ELK Product, its owners, employees, and agents from claims arising from your breach of these Terms, misuse of the Services, violation of any applicable laws, or any photo or text you supply for personalisation that infringes third-party rights. This does not apply where the issue was caused by our negligence or wrongdoing.

1. Severability

If any part of these Terms is found invalid or unenforceable, the remaining provisions will continue in full effect.

1. Governing Law & Jurisdiction

These Terms are governed by the laws of Australia and the State/Territory of New South Wales. Any disputes will be handled by the courts of New South Wales, unless otherwise required under consumer protection laws.

1. Company Details

This website is operated by:
ELK Product, Sole Proprietorship, trading as Pure & Co.
Registration Number: 86627902
Business Address: Hurksestraat 19, 5652AH Eindhoven, Netherlands

1. Contact Information

Customer Service Hours: Monday–Friday: 9:00–17:00 (AEST/AEDT)
Email: info@pureandco.com