Terms of service

Terms of Agreement for online trading between AYITIYA CRYSTALS  (ABN 151 575 706 207) (“AYITIYA CRYSTALS”) and The user of this website (“You/Your”)

Please read them carefully before proceeding with entering the Website. You must accept these terms and conditions to access this Website any further.

PLACING AN ORDER AND PAYMENT

By completing a Purchase Order, You are making an offer to purchase the Product at the price set out in the Website.

Payment must be made at the time of submitting the Purchase Order. Payment can be made by credit card or PayPal only. AYITIYA CRYSTALS accepts Visa, MasterCard, Amex and PayPal. You warrant that You are an authorised user of the credit card or PayPal account used to complete payment.

All Purchase Orders placed through this Website are subject to confirmation and acceptance by AYITIYA CRYSTALS. We will email you with confirmation of the receipt of Your Purchase Order. AYITIYA CRYSTALS may reject Your Purchase Order, and refund any payment made by You, at any time prior to dispatch.

The Purchase Order must be paid in full immediately upon entry into the Agreement. All transactions are settled in Australian Dollars (AUD). If you are ordering from outside Australia, and your bank account or credit card is held in a different currency, you can still order by credit card – your currency will automatically be converted to Australian Dollars when you complete the transaction. The conversion rate varies from day to day with the current exchange rate. Many banks also charge a small currency conversion fee, contact your bank or credit provider for details. In some areas of the site, prices will be shown with an estimate of the price in your home currency. These converted prices are for information purposes only, to help you get an idea of the approximate cost of a product, and they may not be the exact amounts that will appear on your credit card statement. The final charge to your card is made in Australian Dollars and the ultimate conversion rate is determined by your bank or credit card provider. For this reason we are not able to take responsibility for the final amount charged to your credit card or PayPal account.

AYITIYA CRYSTALS may vary prices in the event of price changes or mistakes on this Website without prior notice to You. If AYITIYA CRYSTALS requests payment for increased prices, You may cancel the order. Notification of your wish to cancel the order in these circumstances must be received within seven days of the announcement of the increase.

This Website is protected by SSL (Secure Socket Layer) encryption. SSL is a security device which ensures that any data which you enter into a secure area of the site is encrypted during transmission over the Internet. SSL utilizes data encryption to create a secure environment for you to conduct your online transactions. In order for SSL to be effective, you must be using an SSL compliant browser.

AYITIYA CRYSTALS does not store or keep credit card numbers from online transactions. The last four numbers and the expiry date of your credit card number are kept for order verification and identification purposes only. While every endeavour is made to ensure every shopping experience with us is a good one, in the event a credit card is used without the holder’s authorisation, the card holder must notify their credit card provider in accordance with their reporting rules and procedures.

AYITIYA CRYSTALS reserves the right to limit the quantities of product sold as it sees fit. It is a condition of this Agreement that you do not resell the Products to a third party. AYITIYA CRYSTALS  does not permit the purchase of items for resale. Customers wishing to be a stockist of AYITIYA CRYSTALS products must contact AYITIYA CRYSTALS directly, where they will be informed of the options available to buy higher quantities.

This Website is owned and operated by AYITIYA CRYSTALS. This Agreement supersedes all prior agreements and may be revised by AYITIYA CRYSTALS from time to time.

PUT IT ON LAY-BUY (these can also be viewed at https://lay-buys.com/terms-and-conditions-lay-buy/)

Lay-Buy Financial Solutions Pty Ltd trading as www.lay-buys.com has identified core principles we believe are integral and imperative for all Lay-Buy agreement deals transacted through our PUT IT ON LAY-BUY checkout payment option to be fair and reasonable per the Fair Trading Act 1999.

The following principles below therefore make up the Terms & Conditions for any Lay-Buy or Layby contract and related transactions entered into. This applies to all and any lay-by contract template utilized by both AYITIYA CRYSTALS or You:

  1. Record of Payment
    A record of payments transaction history will always be available for both the merchant and buyer, recording all amounts paid to-date and the date and value of all future pending payments as per your agreed lay-by policy.
  2. Storage and Identification of Lay-Buy Products
    Product’s on Lay-Buy will be set aside and stored separately to other products. Products will be clearly identified as ‘Lay-By contract’ products by a number or some other identification.
  3. Cancellation of Lay-Buy by Buyer
    The buyer may cancel their LayBy agreement form at any time prior to delivery of products and on delivery of products if the products are damaged by so advising AYITIYA CRYSTALS in writing or if AYITIYA CRYSTALS agrees, orally.If a buyer cancels a Lay-Buy, AYITIYA CRYSTALS will, if so requested by AYITIYA CRYSTALS, give the buyer a “cancellation statement” which sets out-
    a) The purchase price of the products; and
    b) Advise customer of the cancellation fee payable to AYITIYA CRYSTALS under all Lay-By terms and conditions; and
    c) The total amount paid under the Lay-Buy; and
    d) Any amount owing to either the buyer or AYITIYA CRYSTALS under the layby terms on the cancellation of the Lay-Buy.If AYITIYA CRYSTALS does not accept the buyer’s oral cancellation it is obliged to give/send the buyer a duly completed Lay-By Form of Cancellation immediately.
  4. Cancellation of Lay-Buy by AYITIYA CRYSTALS
    AYITIYA CRYSTALS under a Lay-Buy must not cancel it unless –
    a) The buyer breaches a term of the Lay-Buy; or
    b) AYITIYA CRYSTALS stops trading; or
    c) The products are no longer available
  5. Cancellation on breach by Buyer
    If a buyer has breached a term of a Lay-Buy and AYITIYA CRYSTALS intends to cancel the Lay-Buy, before doing so AYITIYA CRYSTALS must –
    a) Give the buyer notice of AYITIYA CRYSTALS’s intention to cancel the Lay-Buy; and
    b) Allow the buyer at least 14 days within which to rectify the breach; and
    c) The notice to be given has to be:I) in writing, sent to the buyer’s last known address, or, if the buyer so agrees, orally; and
    II) must specify the breach of the Lay-Buy for which the Lay-Buy is being cancelled; and
    III) must state the time within which the buyer must rectify the breach;
    IV) must state the matters listed per below:* the purchase price of the products;
    * all cancellation charges payable under the agreement; and
    * the total amount paid under the Lay-Buy;
    * any amount owing to either the buyer or AYITIYA CRYSTALS under the terms of the Lay-Buy on the cancellation of the Lay-Buy.The Lay-Buy is cancelled at the end of the period specified in the notice unless the buyer rectifies the breach before then or AYITIYA CRYSTALS agrees not to cancel it.
  6. Cancellation where business closes
    If AYITIYA CRYSTALS under a Lay-Buy agreement proposes to stop trading before the agreement is completed, AYITIYA CRYSTALS must give notice of the proposal to the buyer and must either –
    (a) allow the buyer 7 days within which to complete the agreement; and
    (b) cancel the Lay-Buy
  7. Cancellation where products not available
    If the products are no longer available, AYITIYA CRYSTALS must cancel the Lay-Buy and refund all monies to the buyer.
  8. Effect of Cancellation
    Subject to the above, when a Lay-Buy is cancelled by either party, AYITIYA CRYSTALS must refund all money paid within 14 days less a AUD $25 cancellation fee. There are circumstances which prohibit AYITIYA CRYSTALS from keeping the cancellation charge. These include but are not limited to, situations where the products are damaged or not delivered or where AYITIYA CRYSTALS has breached a term of the Lay-Buy statement.
  9. Cancellation Charge
    AYITIYA CRYSTALS shall charge the buyer a AUD $25 cancellation fee under the terms of all Lay-Buy deals.
  10. Banking Charges back Fees
    AYITIYA CRYSTALS shall be entitled to pass-on to the buyer all charge back fees received by any given bank for any given customer charge back from any given Lay-Buy deal.
  11. Service Fee
    AYITIYA CRYSTALS shall not charge the customer any interest charges, membership fee or service fee on any Lay-Buy sales transaction. Lay-Buy Financial Solutions Pty Ltd trading as www.lay-buys.com charge an admin fee, which is a once-off 1.9% of the total order value at checkout. The buyer will pay this amount to Lay-Buys at checkout at time of paying the down payment. This fee is an admin fee and is therefore not refundable.
  12. Lay-Buy Reporting
    AYITIYA CRYSTALS shall have reporting in place for all Lay-Buy deals covering Down Payment made, Lay-Buy period, Frequency of payments required, Payment amount required per installment; and a full record of all payments made to-date (amount and date on which made).
  13. Delivery
    AYITIYA CRYSTALS will only dispatch the buyer product/s after receiving the final installment payment for all Lay-Buy deals.
  14. MISCELLANEOUS
    14.1   This Agreement shall be binding upon, inure to the benefit of, and be enforceable by the representatives, successors and assigns of the parties hereto.
    14.2   This Agreement may be amended only by a written instrument duly executed by all parties hereto.
    14.3   The parties hereby represent and warrant that each of them has full legal right, power and authority to enter into this Agreement and to carry out its obligations hereunder.
    14.4   This Agreement may be executed simultaneously in one or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument.
    14.5   Article headings contained herein are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement.

MANUAL LAY-BY

Period

Manual Lay-By agreements are available through direct contact with us via email or in person at expos and run for a maximum period of 12 weeks. If You fail to maintain the instalments agreed by that period, AYITIYA CRYSTALS reserves the right to cancel the agreement and relist the item(s) for sale.

Payments

Lay-by is only available for items over $250 with a 20% deposit payable within 24 hours of the order being processed if the order is placed online or immediately if placed in person at expos. Payments must be made by direct transfer or credit card and in regular installments (weekly or fortnighty) or as agreed and outlined on your lay-by invoice. With each payment made a register receipt will be issued, showing the amount paid and the balance remaining outstanding. Additional payments can be made if you would like to pay out your lay-by invoice early to receive your item(s) sooner.

 

If no payments are received by AYITIYA CRYSTALS for a period longer than 21 days or there is still an outstanding balance by the due date for final payment without reasonable contact from You, AYITIYA CRYSTALS has the right to terminate the lay-by agreement. Any monies received to that point will be retained by AYITIYA CRYSTALS and lost to You.

All monies owed must be paid to AYITIYA CRYSTALS by the due date stated on the invoice.

Please contact AYITIYA CRYSTALS immediately if You are not able to make one of your payments. We are quite understanding if you maintain contact but will not chase you if you do not adhere to the lay-by agreement.

Dispatch/Collection of Your Order

Your order will only be processed and dispatched once full payment has been received by AYITIYA CRYSTALS. You may be able to collect your order from an expo by prior agreement with AYITIYA CRYSTALS. Collection of goods will only be allowed with a copy of the valid Lay-By document, please ensure you retain your copy of the agreement, as AYITIYA CRYSTALS will not be legally able to hand over any goods without this being produced. If You lose this document, please inform AYITIYA CRYSTALS immediately.

Cancellation of Manual Lay-By Agreement

You are entitled to cancel your Lay-By agreement at any time prior to the dispatch or collection of the goods. All funds paid, less applicable fees will be reimbursed to you by the following methods: Cash/EFTPOS/Direct Transfer Paid – a refund will be issued directly into your nominated bank account. Payments made by credit card - All payment amounts will be refunded to the original credit card. All refund amounts are less the termination fee.

Company Cancellation of Lay-By Agreement

AYITIYA CRYSTALS may cancel the Lay-By agreement if You fail to meet the payment schedule and applicable termination fees will apply where You have failed to comply with the agreement. AYITIYA CRYSTALS also reserves the right to terminate the agreement if they are unable to supply the item, the goods have been deemed to be faulty or they cease to trade. No termination fees will apply where AYITIYA CRYSTALS has enacted any of these rights.

Termination Fees

Companies are entitled to charge a reasonable termination fee for cancellation of Lay-By agreements. The fees applicable to your agreement are 25% or your order total.

Further Information on Rights

To source further information regarding your right under any Lay-By agreement, you can locate this on the following websites:

The Australian Competition and Consumer Commission

http://www.accc.gov.au/

Or

The Australian Consumer Law  

http://www.consumerlaw.gov.au/content/Content.aspx?doc=home.htm

YOUR USE OF THE WEBSITE

You agree that You will use this Website in accordance with these terms and conditions and that You will not use this Website for any unlawful purpose.

You will not violate or attempt to violate the security of this Website. You will not hack into this Website, AYITIYA CRYSTALS computer systems or the computer systems of other users of this Website. Hacking means unauthorised access, malicious damage and/or interference and includes, without limitation, mail bombing, propagating viruses, worms or other types of malicious programs, deliberate attempts to overload a computer system, broadcast attacks or any other method designed to damage or interfere with the operation of a computer system or website.

GIFT VOUCHERS

Gift Vouchers may only be redeemed at the AYITIYA CRYSTALS Online Store or at any Expo or market where AYITIYA CRYSTALS has a stall. Gift Vouchers are not valid to be redeemed at any AYITIYA CRYSTALS stockist. Gift Vouchers are valid for 12 months from the date of purchase. Gift Vouchers are not redeemable for cash. Unfortunately AYITIYA CRYSTALS does not take responsibility for any lost or stolen Gift Vouchers. Please note only one gift voucher may be used per transaction and each Gift Voucher can only be used once.

RETURNS POLICY

AYITIYA CRYSTALS are natural minerals each beautiful and unique in pattern and crystalline composure; therefore no two AYITIYA CRYSTALS will ever be the same. Returns and exchanges are not accepted based on crystal characteristic. Please see our FAQ for more information on our returns policy

Please note that the Trade Practices Act 1974 and similar State and Territory legislation in Australia may confer rights and remedies on you which cannot be excluded, restricted or modified (“Non-excludable Rights”). Notwithstanding any other term in this Agreement, AYITIYA CRYSTALS does not exclude any Non-excludable Rights but does exclude all other conditions and warranties, whether implied by custom, law or statute.

YOUR ACCEPTANCE OF THESE TERMS AND CHANGES TO THE TERMS

By entering this website you agree to these terms and conditions. From time to time, this Agreement will be reviewed and may be revised. AYITIYA CRYSTALS reserves the right to change this Agreement at any time. Any such changes will be posted on this Website.

WEBSITE AVAILABILITY

From time to time down-time, either scheduled or unscheduled, may occur. AYITIYA CRYSTALS will work within reason to ensure the amount of down-time is limited. AYITIYA CRYSTALS will not be held liable for the consequences of any down-time.

INTELLECTUAL PROPERTY

Reproduction of part or all of the contents in any form of this Website is prohibited other than for individual use only and may not be recopied and shared with a third party. The permission to recopy by an individual does not allow for incorporation of material or any part of it in any work or publication, whether in hard copy, electronic, or any other form.

Unless otherwise noted, all materials on this Website are protected as the copyright, trade dress, trademarks and/or other intellectual properties owned by AYITIYA CRYSTALS or by other parties that have licensed their material to AYITIYA CRYSTALS.

All rights not expressly granted are reserved.

This website may contain materials produced by third parties or links to other websites. Such materials and websites are provided by third parties and are not under AYITIYA CRYSTALS direct control and AYITIYA CRYSTALS accepts no responsibility or liability in respect of any such third party materials or for the operation or content of other websites (whether or not they are linked to this Website). You acknowledge that AYITIYA CRYSTALS is entitled to require you to remove any link from another website to this Website which you install without obtaining AYITIYA CRYSTALS prior written consent.

COPYRIGHT

All AYITIYA CRYSTALS  designs are copyright. AYITIYA CRYSTALS prohibits the use of its designs or images for any purpose without prior written permission from AYITIYA CRYSTALS.

TERMINATION

AYITIYA CRYSTALS reserves the right to terminate this Agreement at any time. AYITIYA CRYSTALS shall not be liable to You for any cost, expense, or damages whatsoever for terminating this Agreement.

If the Product has not been delivered to You prior to any termination of this Agreement by AYITIYA CRYSTALS, AYITIYA CRYSTALS will refund to You any payment You have made prior to termination.

PRIVACY

Ensuring the privacy and security of your personal information is very important to us. Our privacy and security policy outlines the information we collect about you and how we use this information.

Personal information you provide to us while creating or updating an account and at checkout (ie: name, address, telephone number, email address, billing address, shipping address) is maintained in private files on our secure web server and on our internal systems. This information may be combined with other identifiable personal information (such as demographic and past purchase information) from our records and other sources. We may use this combined information for future marketing initiatives and to help us improve our website presentation and your overall shopping experience. Except where otherwise legally appropriate we will treat your personal details as private.

VIP EMAIL LIST

We offer those who sign-up for our VIP Email List advanced notice of sales, new collections, launches and other AYITIYA CRYSTALS news. The email addresses we collect are only used internally. We respect your privacy rights and will not sell or rent your email address to other companies. If you would like to be removed from our email list you can do so by unsubscribing at the bottom of the emails sent to you.

POLICY CHANGES

AYITIYA CRYSTALS may periodically update this privacy and security policy for new, unanticipated uses not previously disclosed. Any changes made will be posted here. By using this website you agree to accept any changes made to this policy. The  privacy & security policy only addresses the use and disclosure of information we collect from you on this website.

Please contact us directly with any questions about this policy.

DEFINITIONS

“Agreement” means the terms and conditions that apply to the use of this Website which may be amended from time to time.

“AYITIYA CRYSTALS” means AYITIYA CRYSTALS (ABN 151 575 706 207).

“Product/s” means the product that is specified on the Purchase Order as the product You wish to purchase pursuant to the Agreement.

“Purchase Order” means the online purchase order form to be completed by You in relation to Your purchase of the product.

“Website” means internet website with the URL www.ayitiyacrystals.com and associated websites.

“Online Store” means the shopping cart area of www.ayitiyacrystals.com

“You” means the user of the Website (and “Your” has the corresponding meaning).