Terms of Use

These Terms of Use (“Terms”) apply to all Users of this website. We may modify and update these Terms at any time, without notice. You need to ensure you review the Terms from time to time. In using our website and Services, you agree to be bound by these Terms as well as any and all general terms and conditions and the privacy policy posted on our website from time to time. 

If you do not accept these Terms, you cannot use our website or Services. 

You must be 18 years of age or older and able to form a legal binding contract to use our website and Services.

Definitions

“Cancellation Fee” is the cancellation fee payable when you are not at the Delivery Address at the drop-off time, and do not accept the Order;

“Delivery Address” is the address where the Goods are to be delivered and must be a street address for security purposes;

“Delivery Fee” is the fee payable for delivery of the Goods to your Delivery Address;

“Goods” are the crystalline Osmium precious metals listed on our website for purchase and includes packaging and a certificate of authenticity;

“Insurance Fee” means the insurance fee we charge you for insuring the Goods;

“Order” is an order by you to purchase Goods from us; 

“Order Confirmation” is the order confirmation we send to you after processing your Order;

Re-Delivery Fee is the re-delivery fee payable when we have to re-deliver an Order because you are not at the Delivery Address at a drop-off time;

“Services” are the services of providing an online and face to face shopping and delivery service of the Goods, and the issuing of certificates in relation to the Goods; 

“Our website” means https://www.buy-osmium.com/shop/australia, http://www.osmium-institute.com.au;

“We/our/ us” means Osmium-Institute Australia to Certify and Introduce Osmium Pty Ltd ABN 81 622 985 353; and includes its directors, employees, contractors and affiliates;

“User” “You” “your” means any user of our website, or customer accessing our Services, and purchasing our Goods online or face to face. 

You must provide various personal information and a Delivery Address to submit an Order for Goods. Once we receive and process your Order we will send you an Order Confirmation.

Accounts

You may register and set up a personal account if you wish to place Orders for Goods. You are responsible for ensuring your account details are accurate, complete and up-to-date at all times. You are also responsible for maintaining the confidentiality and security of your account, username and password. You are solely responsible for the activity that occurs on your account including any Orders placed using your account. 

If you are a business and wish to engage in trading (direct buying and selling) and/or intermediary commission based sales of Goods please contact us to help you to set up a business account. We will assist you to set up the account through our business partner parent, the Osmium-Institut zur Inverkehrbringung und Zertifizierung von Osmium GmbH (located in Germany), so that you may then be entitled to wholesale prices and have access to further website features such as the sales tool to document sales activities and see how much rebate/ commission you will receive or the web-training sessions to learn more about Osmium. 

Payment

After you submit an Order we will send you an Order Confirmation and once full payment is received, we will send a tax invoice for the Price plus Insurance Fee and Delivery Fee. All advertised amounts are in Australian dollars. We accept payments via Direct Deposit, Bitcoin and Ethereum. Invoices must be paid within 7 days, or we may decline your request and refund your monies. 

Completion of order policy

We may require you to provide additional information before we accept and process any Order and send you an Order Confirmation.  

We reserve the right to decline to process any Order when requested Goods are not available or if there is an error in the price or description. We also reserve the right, after receipt of your Order, to accept or decline, or limit your request, which right we may exercise in our sole discretion at any time, without having to provide you with any reason for our decision. 

Delivery

You agree to pay the Delivery Fee for delivery to your Delivery Address. Goods may be delivered by Australia Post and/or other reputable courier companies. Deliveries are processed promptly upon receipt of full payment. We will confirm the estimated shipping dates with you. 

We require you to purchase insurance for the Goods, and pay the Insurance Fee, and we strongly recommend you also seek tracking for your Goods during shipment. Whilst we use our reasonable endeavours to ensure Goods are delivered in good condition, in a timely manner, and to the correct address, we cannot guarantee any shipping. We are not responsible for any delays in shipping Goods or for items not delivered. On occasion there may be delays with importing the Goods or through customs that are outside our control. Damaged or lost orders should be resolved with the courier company and insurer directly and we are not responsible for Goods that are damaged in transit or not received. We will provide reasonable assistance to manage this process. 

You acknowledge and agree:

  • anyone at the Delivery Address who receives the Goods is authorised to receive those Goods;
  • in the event there is no one at the Delivery Address, or no appropriate person to receive sign and pay for the Order, the Goods will not be left, and a Re-Delivery Fee, or Cancellation Fee may apply;
  • if you specifically request that the Goods be left at the Delivery Address without any person responsible you assume all risk in the Goods from the drop-off time; 
  • otherwise, risk in the Goods passes to you upon delivery.

Refunds

We will comply with all requirements in Schedule 2 of the Consumer and Competition Act 2010 (Cth); the Australian Consumer Law (“ACL”), including, but not limited to, the re-supply or refund of any Goods supplied or provided which do not meet ACL requirements. If the Goods are faulty, if they have been wrongly described, are different from a sample shown to you, or do not do what they are supposed to do, then you may elect to exchange the Goods, receive a refund or credit. In these circumstances we will also reimburse the return shipping costs.  All Goods must be returned in their original condition to enable a refund. They must be sent with a tracking number and fully insured. As soon as you receive the Goods you must inspect them to ensure they are not defective. We expect you to notify us of any faulty Goods within 5 calendar days of the drop-off time with a photograph of the Goods in the original packaging showing the defects.

When we decline to accept and process any Order under our Completion of Order Policy above, we will also refund you the amount received from you.

In some circumstances and in our sole discretion, for example if the Goods are the wrong size, we may also offer a refund or exchange provided the Goods are returned in their original condition within 2 weeks of receipt by you. We do not offer refunds for change of mind. We also cannot provide a refund if it is a special order to your specifications, or if Goods have been engraved or modified as per your request.

Disclaimer

We aim to provide current images and details of all the Goods on our website. However, at times, the images may differ from the Goods actually supplied to you. We do not warrant the accuracy of the information contained on our website, including images of the Goods. Some images of Goods may not be exact representations of the Goods received. We do warrant that the Goods will match the product specific description provided in our on-line shop including weight, dimensions and other characteristics pertaining to the shape and/or design. We also provide quality checks before the Goods are shipped, and include a copy of the quality check with the Goods.

Also included with the Goods is the certificate of authenticity. We strongly recommend you keep the certificate of authenticity in a safe place so that you have the unique identifier, the Osmium Identification Code (OIC), particularly if you wish to gift or on-sell the Goods. The OIC can be validated online. 

Before purchasing our Goods you must download, read and understand our Product Data Sheet and Safety Data Sheet. Please see https://www.buy-osmium.com/shop/australia. These documents contain important product information and material properties, and warnings of what you cannot do with Osmium. For example, Osmium is slightly brittle and may break if dropped on a hard surface, and if it grinds against another surface or is bent, crystals may break out of the structure. If you are a jeweller, we also require that you download, read and understand our Processing Guidelines which contain important product information about how Osmium can be handled, processed and modified. Please see https://www.buy-osmium.com/shop/australia. For example, it should also not be heated above 400 degrees Celsius because above these temperatures a hazardous substance will form, and it should be protected by surrounding metals. If you do not comply with the Product Data Sheet, Safety Data Sheet and Processing Guidelines, the consumer guarantees in the ACL will not apply.

Whilst the designs of our Goods are original, we do not offer bespoke Goods and there may be many items of the same design. You acknowledge that the Goods are standard and not made bespoke or to fit any particular requirements that you have unless you have specified that you want a modification, engraving or other specification. 

Intellectual property

All custom graphics, icons, logos and service names are registered trademarks, copyright, trade or service marks of ours or our related company. All images and designs and other representations of Goods on our website are owned by us or our related company.

All other trademarks or service marks within this website are the property of their respective owners. Nothing in these Terms grants you any right to use any image, design, trademark, service mark, logo, and/or our name.

You are solely responsible for obtaining written permission before reusing any copyrighted material that is available on this website. Any unauthorized use of the materials appearing on this website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

Cancellation and termination

Once an Order is placed we cannot cancel your Order. 

You may cancel your account at any time. You must cancel it by notifying us at info_AUS@osmium-institute.com. When you cancel your account you must still pay any outstanding monies. 

WE HAVE THE RIGHT TO TERMINATE YOUR ACCOUNT and your shopping privileges for any reason, at any time. If we have reasonable grounds to suspect that you have breached any Terms, or for any other reason including if, in our opinion, you have breached the purpose of our website, at our sole discretion we have the right to immediately terminate your account or suspend your use of our website and/or our Services. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating our relationship and may be referred to the appropriate law enforcement authorities. We may also deny the use of our website and the Services to you in the future and are not obligated to provide any refund or part thereof in the event of any breach or termination.

Upon such termination, regardless of the reasons, your right to use the website and our Services immediately ceases and you acknowledge and agree that we may immediately deactivate or delete your account, profile and all related information. We will not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

Australian Consumer Law

Certain legislation including the ACL and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of the website and Services by us to you which cannot be excluded, restricted or modified (Statutory Rights).

Our liability is governed solely by the ACL and these Terms.  We exclude all conditions and warranties implied by custom, law or statute except for the Statutory Rights.

Except for the Statutory Rights, the website and Services are provided to you without warranties of any kind, either express or implied; and we expressly disclaim all warranties of any kind including, but not limited to, implied warranties of that the website and Services will be provided with due care and skill and fitness for a particular purpose.

When the Statutory Rights apply, to the extent possible, our liability in respect of any claim is limited to, at our option:

(i) The supply of any goods or services again; or

(ii) The payment of the cost of having any goods or services supplied again.

Limitation of liability

You agree and acknowledge that we are not liable for any direct, indirect, consequential or incidental loss or damage which may result from your use of our website and/or Services. 

This limitation of liability clause includes any reliance by you on the information on the website, information emailed or telephoned to you, or given to you in person, and your access to or inability to use the website or Services. You assume all risk in using the website and Services and we cannot be held liable for your use of or reliance on the website and Services. While we endeavour to keep the website up-to-date and correct, we make no representation or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or Services for any particular purpose. Any reliance you place on such information is therefore strictly at your own risk. 

In any event, our liability to you will not exceed the amount actually paid by you to us for your last Order of Goods.

You agree to indemnify us from any loss or damage including indirect damages arising from your use of our Services including, but not limited to, any breach by you of these Terms, or breach of any law or the rights of a third party. You further agree to indemnify us from any loss or damage arising from delivery of the Goods including delivery of the Goods when there is no person to acknowledge such delivery. 

Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. 

Website services

You acknowledge and agree that this website uses third party vendors and hosting partners to provide the necessary software, hardware, service and storage.

We make no warranty that the website services will meet your requirements or be available on an uninterrupted, secure or error-free basis. We will use our best endeavours to ensure the website is always available and virus free but from time-to-time, and in some instances, this may not be the case as it may be out of our immediate control. We will notify you if the website becomes unavailable for any lengthy and unusual time period.

You must not transmit any viruses, malware, worms, etc. of any kind and you must not upload, post, host or transmit unsolicited material or messages to the website.

Modification of website and content

We reserve the right at any time and from time to time to remove, delete, alter or amend the information on our website. We may for any reason and in our reasonable discretion, remove or modify any content on our website at any time without notice. We shall not be liable to you or any third party for any modification when it is required. 

Your privacy

We are committed to protecting your privacy. We use the information we collect about you to maximize the website and Services that we provide to you. We at all times, respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles. Please read our separate Privacy Policy carefully.

Governing law

These Terms are governed by the laws of NSW which are in force from time to time and both you and we agree to submit to the exclusive jurisdiction of the Courts of NSW for determining any dispute concerning these Terms. 

 

Osmium-Institute Australia to Introduce and Certify Osmium Pty Ltd

PO Box 1043, Edgecliff NSW 2027
Australia

T: +61 2 8091 8076
australia@osmium-institute.com
osmium-institute.com.au

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Terms of Use