Professional Care Plan
Terms and Conditions
This document (including the tax invoice email you have received as part of it) forms a binding legal contract between you, the purchaser, and Michael Hill Jeweller (Australia) Pty Ltd ABN 82 003 181 333 (referred to hereinafter as the “Plan”). By purchasing the Plan, you understand that it is such a contract and acknowledge that you have the opportunity to read the terms and conditions set forth herein. You are not able to transfer this Plan to any other person. This Plan is not a contract of insurance.
Instructions and to obtain service
You must keep this document (including the tax invoice email you have received as part of it); they are integral parts of the Plan. To obtain service under your Plan, produce the covered item along with your tax invoice to a Michael Hill representative at a Michael Hill store.
Australian Consumer Law Our goods and services come with guarantees that cannot be excluded under Australian Consumer Law (“ACL”). For major failures with the service, you are entitled:
to cancel your service contract with us; and
to a refund for the unused portion, or to compensation for its reduced value.
You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done, you are entitled to a refund for the goods and to cancel the contract for the service and to obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
This Plan sets out various services offered and provided by Michael Hill which are in addition to your legal entitlement under Australian Consumer Law. The services provided under this Plan in no way limit your existing rights under the ACL.
What is covered by the Plan?
This Plan covers one purchased item only and is not transferable. This Plan covers parts and labour costs, up to the value of the purchase price of the product covered. Unless you have a valid claim under the ACL, you will need to pay for any parts or service costs that go beyond the value of the purchase price of
the covered product. A Michael Hill representative will inform you of such costs before undertaking any such services.
The services covered under the Plan include: ring sizings (within product sizing guidelines; maximum once every 12 months) excluding certain styles of ring which Michael Hill deems not suitable for resizing; re-tipping of prongs (not re-shanking); stone tightening; refinishing and polishing; reshape of rings caused through reasonable wear and tear; cleaning and inspecting; earring repair, post straightening and rethreading; chain and bracelet soldering (except for the purpose to lengthen the item); rhodium plating (for rhodium plated parts of items only; maximum once every 12 months); resetting diamonds and gemstones; pendant bail repair on worn bails; and, clasp repair, tightening, and replacement (except replacement on hinged bangles). Unless limited above, including by maximum value of services being limited to the value of the purchase price of the covered product, you may access the services covered under the Plan as often as you like until the Plan expires (as described below).
What is not covered by the Plan?
(1) Modifications, parts and/or repairs not undertaken or supplied by or on behalf of Michael Hill; (2) Except as expressly stated in the Plan, cosmetic damage including scratches, peelings, dents, that do not impede the mechanical functionality of the item; (3) Re-shanking of rings; (4) Incidental or consequential damages; (5) Damage from accident, abuse, misuse, introduction of foreign objects into the product, tampering with prongs, unauthorised modifications or alterations, or failure to follow the manufacturer’s instructions; (6) Damage covered by any other warranty or service plan; (7) Third party actions (fire, collision, vandalism, theft etc); (8) Damages from the elements or Acts of God; (9) Damages from war, invasion or act of foreign enemy, hostilities, civil war, rebellion, riot, strike, labour disturbance, lockout or civil commotion; (10) Except as expressly stated in the Plan, preventative maintenance; (11) Inclusions in gemstones and diamonds; (12) Loss of diamonds, gemstones or any other parts of the covered product; (13) Any loss other than those expressly stated in the Plan; (14) Accessories used in conjunction with a covered product or any damage caused by use of such accessory; (15) Loss of use during the period the covered product is at a services facility or otherwise awaiting parts; (16) Lengthening a chain or bracelet by soldering; (17) restringing of pearl necklaces and bracelets; (18) rejoining links in hollow chains and bracelets; (19) repairing dents in hollow chains, earrings, bracelets, bangles, earrings and pendants; (20) repair or replacement of damaged bangle hinges.
The limitations of the Plan above are not intended to limit your rights under the ACL.
Term of Plan and expiry
The maximum term of your Plan is specified on the tax invoice email included as an attachment to this Plan, and will be either three years or ten years as indicated. Coverage of this Plan begins on the date of purchase and expires on the earlier of:
the end of the maximum term (calculated from the date of purchase); or
the original product covered is replaced with another of equal or greater retail value in circumstances which would not be an ACL claim; or
when you cancel this Plan; or
when the total aggregate value for services provided under this Plan are equal to or exceed the purchase price of the product covered.
Cancellation
You may cancel your Plan, and receive a full refund, at any time within 30 days of the purchase date provided that no services have been provided under the Plan. Where you have already requested services under the Plan and those services have been provided, and you elect to cancel the Plan in accordance with the terms of this Plan, Michael Hill will set off the costs of any such service against the refund of the Plan purchase price.
Without limiting your rights under the ACL, you may also cancel your Plan at any other time during the term and no refund shall be payable to you. Once cancelled you will no longer receive services under the Plan.
To cancel, contact us by phone or email, or visit us at any Michael Hill store with your original tax invoice email.
Renewal
Please take your time to consider which plan is appropriate for you, as we do not offer renewal of plans.
Limit of Liability
Without limiting our liability under the ACL, our total aggregate liability under the Plan is the purchase price paid for the product covered. In the event that the total aggregate value of all services provided under this Plan is equal to or exceeds the purchase price of the product, or the original product is replaced with another of equal or greater retail value in circumstances which would not be an ACL claim, all obligations under the Plan are deemed to be satisfied.
Important information – you must keep your tax invoice email
The following important information in relation to your Plan is included in these Terms and Conditions and the tax invoice email that are provided to you at the time of purchasing the covered product and this Plan: (a) your name; (b) term of the Plan; (c) date of purchase of the covered product and this Plan; (d) description of the product covered by this Plan; (e) purchase price of the product covered.