TERMS AND CONDITIONS

Magnolia Designs is operated by Magnolia Howard PTY LTD, Australian Private Company (hereinafter “we”, “us” or “our”) a member of the Magnolia Howard. Set out below are the general terms and conditions of sale (“terms and conditions”) that will apply to purchases of our pearl jewellery and other products (“product” or “products”) made on magnoliahoward.com facilitated by Magnolia Howard. We may update these terms and conditions from time to time.

Your acceptance of these terms and conditions will be sought prior to confirming your order. Please note you cannot use this site if you are under 18.

By accessing, browsing and/or using this website you agree to these Terms and Conditions of Use (“Terms and Conditions”) and to use the site in accordance with all applicable laws. If you do not so agree, then you must cease use of this website.

In the following Terms and Conditions:
Reference to "Magnolia Designs" is to Magnolia Howard PTY LTD.

The content, products and services available on our website are provided on an "as is" basis. Magnolia Designs does not represent that the information contained in this website is accurate, comprehensive, verified, complete or error free.

LIMITATION OF LIABILITY

To the fullest extent permitted by law, Magnolia Designs excludes all liability, howsoever arising, whether in contract, tort (including negligence), pursuant to statute or otherwise for any and all loss or damage, (including, without limitation, indirect or consequential losses, loss of profit, loss of goodwill, loss of data or special loss), suffered by you or any third party, arising out of or in connection with your inability to use or the performance of this website, even if Magnolia Designs has been advised of the possibility of such loss or damage.

If, notwithstanding the foregoing, Magnolia Designs is liable for any loss or damage, to the extent that it can, Magnolia Designs limits its liability to the resupply of relevant material or information.

INTELLECTUAL PROPERTY

This website and the contents and material on this website, is the exclusive property of Magnolia Designs, except as specified hereunder, and used with their permission.

Magnolia Designs own various intellectual property including copyright, trademarks and designs in this website, its contents and material. That intellectual property remains the property of its owners and all rights in and to it, are reserved.

This website and the content and material on this website may not be reproduced, distributed, published, transmitted, modified, sold, used for the creation of derivative works or otherwise appropriated in any manner, whether in whole or part, unless use is:
i) otherwise permitted by these Terms and Conditions;
ii) with our express, prior, written consent.

You may display, copy, download and distribute content and material made available on this website for your personal, non-commercial use, provided that you do not modify the content and material and you retain all copyright, trademark and proprietary notices.

COPYRIGHT

The copyright contained in and on this website, remains the property of Magnolia Designs or is used under license. All rights are reserved.

TRADEMARKS AND DESIGNS

The images, logos, and names on this website which identify Magnolia Designs are exclusive proprietary marks. All rights are reserved.

CHANGES TO TERMS

We reserve the right to change these Terms and Conditions at any time by posting changes on the website. Your continued use of the website after any such change will be deemed acceptance of the changed Terms and Conditions.

LINKS

You must not link your website to this website without our prior express written consent. If you would like to link to this site, please email us at magnolia@magnoliahoward.com.

INFORMATION AND MATERIAL YOU SEND US

If you provide us with any ideas, suggestions, information or other material in relation to Magnolia Designs, its services or this website, you agree that Magnolia Designs may use, reproduce, publish, modify, adapt and transmit them to others free of charge and without restriction, subject to our Privacy Policy and applicable law.

RESTRICTED USE

You must not use this website to post or transmit:
(a) any information or materials which breach any laws or regulations, infringe a third party's rights, or are contrary to any relevant standards or codes; or
(b) any unlawful, threatening, defamatory, obscene, indecent, inflammatory or pornographic material or material that could give rise to civil or criminal proceedings.

JURISDICTION

These Terms and Conditions will be governed by and construed in accordance with the laws of Western Australia.

INVESTOR RELATIONS DISCLAIMER

The information contained on this website does not constitute advice or an offer to sell or deal in any securities and must not be relied upon in connection with any investment decision.

OTHER TERMS

If any part of these Terms and Conditions is found to be unenforceable, such part shall be deemed not to form part of these Terms and Conditions but the enforceability of the remainder of these Terms and Conditions shall not be effected.

You may not assign or transfer your rights or benefits under these Terms and Conditions without the express prior written consent of Magnolia Designs.

If Magnolia Designs does not act in relation to a breach by you of these Terms and Conditions, it does not thereby waive its rights to act with respect to subsequent or similar breaches.

Use of this website is subject to Magnolia Design’s Privacy Policy.

PRIVACY POLICY

INTRODUCTION

Magnolia Designs understands that your privacy is paramount, and we are committed to protecting your privacy. This policy sets out how we handle information about you.

COLLECTION OF PERSONAL INFORMATION

We may collect personal information from you when you

subscribe to receive our updates and news;
buy products from us, whether online or instore;
request to receive copies of marketing materials, such as catalogues;
interact with our sales staff;
attend an event;
participate in a promotion,

or otherwise as notified to you from time to time, including through a collection statement.

When you buy any products from us, we will collect the personal information you provide to us during the ordering process or in the course of the purchase. Such personal information may include details such as your name, phone number, email address, credit card number, expiry date, bank details and billing address. We may also keep any communications you have with us, such as special requests or requests for information.

There may be occasions when we collect information about you from a third party, for example where they purchase products on your behalf. In such instances, we will determine whether we would have been entitled to collect such information from you and to the extent we would not have been entitled to do so, we will destroy or de-identify such information as soon as reasonably practical.

In some instances, personal information we collect (including that referred to in section 3 below) may be collected by third party contractors on our behalf.

You may deal with us anonymously or using a pseudonym for certain interactions. However if you purchase any products from us we require that you provide us with accurate details relevant to the purchase. If you do not provide us with your personal information, we may not be able to provide you with our products.

Unless you notify us otherwise, we will assume that you have consented to the collection of all information which is provided to us for use in accordance with this Privacy Policy.

OUR WEBSITE

When you visit our website, we may collect information about your use of the website, including by using third party services such as Google Analytics. This information will normally be anonymous and we will not be able to identify you, however in some cases (particularly when you buy products from us through our website) this information may be associated with you. This information may be collected through the use of cookies. These are small text files placed on your mobile device or computer by our website which automatically collect information about you without you providing that information to us directly. Most browsers are set by default to accept cookies. However, if you do not wish to receive any cookies you may set your browser to either prompt you whether you wish to accept cookies on a particular site, or by default reject cookies.

Please note that rejecting cookies may mean that some or all of the functions on our website will not be available to you. In particular, cookies must be enabled to access and use any part of our website for placing orders.

Sometimes our website contains links to other websites. When you access a website other than our website, we are not responsible for the privacy practices of that site. We recommend that you review the privacy policies of each website you visit.

USING YOUR PERSONAL INFORMATION

Magnolia Designs only uses personal information for the purpose for which it was collected, for related purposes which we consider come within your personal expectations, or as permitted or required by law.

In particular, the personal information that we collect is generally used to provide products or services to you. Personal information may also be used for the following purposes:

to provide you with information in relation to the products we provide, including to advise you of special offers, new products, events and services;
to communicate with you about your purchase, your account or customer service needs;
to respond to your questions or suggestions;
to improve the quality of our products or services; or
as notified to you at the time the information is collected.

We may contact you from time to time for marketing or promotional purposes, including to provide you with information in relation to the goods or services of our related entities and third parties where we believe they meet the high standards associated with our products. If you would rather not receive any marketing or promotional material from us, you may opt out by notifying us, or following the unsubscribe instructions on any marketing email you have received.

Mobile Terms of Service

MAGNOLIA DESIGNS

Last updated: Jan. 31, 2024

The MAGNOLIA DESIGNS mobile message service (the "Service") is operated by MAGNOLIA DESIGNS (“MAGNOLIA DESIGNS”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to MAGNOLIA DESIGNS’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of MAGNOLIA DESIGNS through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with MAGNOLIA DESIGNS. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to MAGNOLIA or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other MAGNOLIA DESIGNS mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to MAGNOLIA or email MAGNOLIA@MAGNOLIAHOWARD.COM.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

SHARING YOUR PERSONAL INFORMATION

We may disclose your personal information to other related entities within our corporate group for our own business purposes.

We may disclose personal information to third party contractors, who help us deliver our products and services to you, for example, by processing and analysing data, providing web support, and delivering products or information to you. Some of these third parties are located overseas.

Where personal information is shared with these third parties, we will take all reasonable steps to ensure that third parties observe the confidential nature of such information and are prohibited from using any or all of this information beyond what is necessary to assist us.

While we may market the goods or services of third parties in limited circumstances as described above, we will always do so ourselves (or using our own third party contractors). We do not sell, rent or trade personal information to third parties for marketing purposes.

We may also disclose your personal information as permitted or required by law.

ACCESSING YOUR PERSONAL INFORMATION

You may contact us to request access to the personal information we hold about you, including for the purpose of correcting or updating that information. If you require access to your personal information, please contact our Privacy Manager.

PROTECTING YOUR PERSONAL INFORMATION

Magnolia Designs is committed to protecting your personal information. We take appropriate security measures to protect your personal information from misuse, interference or loss, and from unauthorised access, modification or disclosure. This includes the use of technologies and processes such as access control procedures, network firewalls, encryption and physical security to protect the privacy of your personal information.

CHANGE OF POLICY

We may modify or amend this Privacy Policy from time to time. We will display a notice on our website for a reasonable period after any such revisions have been made. We will keep the current version of this Privacy Policy on our website

CONTACT INFORMATION

If you have any queries or complaints with regards to our collection, use or management of your personal information, please contact our Privacy Manager:

Privacy Manager
Postal Address:

20 MacDonald Ave, Padbury Western Australia 6025

magnolia@magnoliahoward.com

If you make a complaint, we will endeavour to respond to it as soon as possible.