TERMS OF SERVICE

OTHERSIDE JEWELLERY PTY LTD
Last Updated: 26th February 2026

Section 1 — Acceptance of Terms

These Terms of Service (“Terms”) govern your access to and use of the website operated by OTHERSIDE JEWELLERY PTY LTD (“OTHERSIDE”, “we”, “us”, or “our”), including all information, tools, and services available through the site. By accessing our website or purchasing from us, you agree to be legally bound by these Terms, our policies, and any additional terms referenced herein. If you do not agree, you must not access or use our services.

Section 2 — Business Identity

This website is operated by OTHERSIDE JEWELLERY PTY LTD, trading as OTHERSIDE. All references to “OTHERSIDE”, “we”, “us”, or “our” refer to this legal entity.

Section 3 — Sanctions & Service Area Notice

OTHERSIDE JEWELLERY PTY LTD does not provide products or services to, and does not conduct business in or with, any sanctioned countries or regions, including but not limited to Belarus, Russia, Sudan, and Venezuela. We operate in compliance with applicable Australian and international sanctions laws. Orders suspected of violating sanctions laws may be cancelled without notice.

Section 4 — Eligibility & Age Requirement

By using this website or placing an order, you represent that you are at least 18 years of age and legally capable of entering into binding contracts. If you are under 18, you may only use the site under the supervision of a parent or legal guardian who agrees to these Terms. By placing an order, you confirm that you meet these requirements.

Section 5 — Electronic Contracting & Consent

By placing an order, you consent to enter into agreements electronically and acknowledge that your electronic submissions constitute your agreement to be bound by these Terms, our policies, and your obligation to pay for purchases.

Section 6 — Orders & No Cancellation Policy

All sales are final once an order is placed. Orders are transmitted to our warehouse for processing within minutes, and therefore cannot be cancelled, modified, or changed after submission. We reserve the right to refuse or cancel any order at our discretion, including suspected fraud, pricing errors, or policy violations.

Section 7 — Pricing & Payment Terms

All prices are listed in the applicable currency and are subject to change without notice. We reserve the right to correct pricing errors, cancel orders affected by errors, and limit quantities per customer. Payment must be received in full before an order is processed.

Section 8 — Product Information & Availability

We strive to display product descriptions, images, and colours accurately; however, we do not guarantee exact representation due to device display differences. All products are subject to availability, and we reserve the right to discontinue items at any time without liability.

Section 9 — User Comments, Feedback & Submissions 

If you submit comments, reviews, photos, videos, social media tags, or other content featuring our products (“User Content”), you grant OTHERSIDE a perpetual, worldwide, royalty-free, transferable license to use, reproduce, publish, modify, distribute, and display such content for commercial and marketing purposes without compensation or further consent.

This includes content where you tag, mention, or showcase OTHERSIDE products on social media platforms such as Instagram, TikTok, or other channels. We are under no obligation to maintain content in confidence, provide attribution, or compensate you for its use.

You warrant that your content does not infringe third-party rights and does not contain unlawful, defamatory, or harmful material.

Section 10 — Intellectual Property Rights

All content on this website, including text, graphics, logos, images, and designs, is the property of OTHERSIDE JEWELLERY PTY LTD and is protected by intellectual property laws. Unauthorised use, reproduction, or distribution is prohibited.

Section 11 — Prohibited Uses

You may not use the website for unlawful purposes, fraud, harassment, intellectual property infringement, or transmitting malicious code. We reserve the right to terminate access for violations.

Section 12 — Fraud Prevention & Abuse

We reserve the right to cancel orders, refuse service, or block accounts suspected of fraud, abuse, chargeback misuse, reselling, or policy exploitation. We may share information with payment processors and authorities where necessary.

Section 13 — Shipping, Delivery & Risk of Loss 

Once an order is handed to the shipping carrier, risk of loss transfers to the customer. Delivery times are estimates and not guarantees. We are not liable for delays caused by carriers, customs, weather, or incorrect address information provided by the customer.

Customers are responsible for providing accurate shipping details. Packages marked “Delivered” by the carrier are considered fulfilled. OTHERSIDE is not responsible for theft, loss, or misdelivery after carrier confirmation.

Section 14 — International Orders & Customs Compliance

Customers outside Australia are responsible for import duties, taxes, VAT, and customs fees. Failure to pay such charges may result in the parcel being returned, abandoned, or destroyed, in which case no refund will be issued.

Australian customers will not be charged customs duties.

Section 15 — Returns, Refunds & Store Credit

Returns are accepted within 14 days of delivery for eligible items. Items must be unused and in original packaging. Refunds are issued as store credit unless the item is faulty.

Original shipping fees are non-refundable unless required by law. If free shipping is offered in the future, the actual shipping cost incurred by OTHERSIDE may be deducted from refunds.

Section 16 — Chargebacks & Payment Disputes 

By placing an order, you agree to contact OTHERSIDE to resolve any issues before initiating a chargeback. Filing a fraudulent chargeback constitutes breach of these Terms. We reserve the right to dispute chargebacks, recover costs, and suspend accounts involved in abusive disputes.

Section 17 — Third-Party Tools & Links

We may provide access to third-party tools or links. We are not responsible for their content, accuracy, or policies. Use of such tools is at your own risk.

Section 18 — Disclaimer of Warranties

All products and services are provided “as is” and “as available” without warranties of any kind, except as required by law.

Section 19 — Limitation of Liability 

To the fullest extent permitted by law, OTHERSIDE JEWELLERY PTY LTD shall not be liable for indirect, incidental, special, or consequential damages, including loss of profits, revenue, data, or business opportunities. Where liability cannot be excluded under Australian Consumer Law, our liability is limited to the replacement or refund of the purchase price.

Section 20 — Indemnification

You agree to indemnify and hold OTHERSIDE harmless from claims arising from your breach of these Terms, misuse of the website, or violation of laws.

Section 21 — Force Majeure

We are not liable for failure or delay in performance due to events beyond our control, including natural disasters, supply chain disruptions, or carrier failures.

Section 22 — Governing Law & Jurisdiction

These Terms are governed by the laws of Victoria, Australia. Any disputes shall be resolved in the courts of Victoria.

Section 23 — SMS Marketing & Messaging Terms

By consenting to SMS marketing, you agree to receive transactional and promotional messages. Message frequency varies. Consent is not a condition of purchase.

In addition, you agree to our Messaging Terms:
https://terms.pscr.pt/legal/shop/5rfbxa-0k/terms_of_service

and Messaging Privacy Policy:
https://terms.pscr.pt/legal/shop/5rfbxa-0k/privacy_policy

You may opt out by replying STOP.

Section 24 — Changes to Terms

We reserve the right to update these Terms at any time. Continued use of the website constitutes acceptance of changes.

Section 25 — Future Entity Transition (AU → US)

OTHERSIDE may transfer operations to a related entity, including a United States entity, without affecting the validity of these Terms. Customers agree that obligations and rights may be assigned to affiliated entities.

Section 26 — Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any rights or remedies you may have under the Australian Consumer Law or any other applicable consumer protection legislation that cannot be excluded by law. Where a product or service fails to meet a consumer guarantee, you may be entitled to a repair, replacement, or refund as required by law.

To the extent permitted by law, OTHERSIDE JEWELLERY PTY LTD limits its liability for breach of any non-excludable guarantee to the replacement of the goods, repair of the goods, or refund of the purchase price.

Section 27 — Severability

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision shall be deemed severed from the Terms and shall not affect the validity and enforceability of any remaining provisions.

Section 28 — Entire Agreement

These Terms, together with our policies and any notices posted on the website, constitute the entire agreement between you and OTHERSIDE JEWELLERY PTY LTD regarding your use of our services and supersede any prior agreements, communications, or representations, whether oral or written.

Section 29 — Waiver

Failure by OTHERSIDE JEWELLERY PTY LTD to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

Section 30 — Assignment

OTHERSIDE JEWELLERY PTY LTD may assign or transfer its rights and obligations under these Terms to any affiliated entity, successor, or purchaser without notice. You may not assign your rights or obligations under these Terms without our prior written consent.

Section 31 — Contact Information

OTHERSIDE JEWELLERY PTY LTD
Email: otherside.official0@gmail.com