General Terms And Conditions Of Purchase

The following terms and conditions govern purchases made in store in Canada or online at www.michaelhill.ca. In addition to the rights under these terms and conditions, you may have additional rights under applicable consumer protection law.

1. Change of Mind policy

If for any reason you change your mind on your jewellery or watch purchase (except earrings, engraved products or special or custom orders), we will gladly refund the total price within 30 days of purchase, provided that the item/s are in As New Condition and are accompanied by proof of purchase and original packaging and with all paperwork (such as diamond certificates or watch instruction booklets). 'As New Condition' means that the item must not have been worn; the item must be in pristine condition with no damage, scratches, or signs of wear. Determination of an item matching the definition of 'As New Condition' is at the sole discretion of Michael Hill.

Please note that:

1. items purchased from a Michael Hill store may only be returned to or refunded at a Michael Hill store located in the country of purchase.
2. our stores carry a small amount of cash change. Refunds of cash payments will be made by cheque, direct credit or to a debit card in the name of the Customer;
3. refunds will only be made to the debit/credit card or finance account used for the original purchase, so please be aware of this if you intend to return an item given to you as a gift.
4. For online returns via post, please contact our Customer Care team on 1855 354 4455 or www.michaelhill.ca with your order number

Our Change of Mind Policy is in addition to, and in no way limits, your rights under any applicable statutory guarantee.

Should you wish to contact us with any queries in relation to our Change of Mind policy, we can be contacted at:

Michael Hill
5800 Ambler Drive, Suite 200, Mississauga ON L4W 4J4
Phone 1855 354 4455 or www.michaelhill.ca

2. Special Orders

A deposit must be paid for a special order (for example, where a specific size or metal type for goods has been requested by the customer, or the goods have been resized, designed or engraved at the customer's request). Michael Hill will only order the item/s when at least 50% of the agreed purchase price has been received by the store. Title to and property in the goods will not pass to the customer until the purchase price has been paid in full.

Special orders are not covered by our 30 day Change of Mind policy. Should a Customer request a refund for a change of mind on a special order:

1. the goods must be in As New Condition and be accompanied by proof of purchase and original packaging and with all paperwork (such as diamond certificates or watch instruction booklets);
2. Michael Hill may elect to withhold the deposit to cover its costs where it reasonably believes those costs will not be recoverable on resale due to the specific nature of the order being personal to the customer;
3. on termination of a special order the goods may be returned to stock and the customer will have no claim to the goods; and
4. refunds will only be made to the debit/credit card or finance account used for the original purchase. Refunds of cash payments will be made by cheque or to a credit card

3. Layaway

Layaways are available on select in-store purchases in Canada, and are subject to an agreement to be entered into between Michael Hill and the customer. Title to the goods will not pass to the customer until the purchase price has been paid in full. The full purchase price must be paid within three (3) months of the date of the layaway agreement. The layaway agreement may be terminated by the customer prior to the expiration of the three (3) month period by attending at the store and presenting a copy of the layaway agreement.

All monies received up to termination, will be refunded to the customer . If the full purchase price is not tendered by the due date, then the layaway agreement will terminate unless the customer remedies its breach within 14 days of the date on which Michael Hill gives notice of the breach to the customer. If the layaway agreement is terminated by Michael Hill all payments will be refunded upon request by the customer. On termination of the layaway Agreement the goods may be returned to stock and the customer will have no claim to the goods.

Refunds will only be made to the debit/credit card used for the original purchase. Refunds of cash payment will only be paid by cheque to the owner of the layaway account.

4. Limited Warranties offered by Michael Hill

Michael Hill offers a 12 month limited satisfaction guarantee for jewellery warranty and a 3 year limited watch warranty. The business providing these limited warranties is Michael Hill Jeweller (Canada) Limited (business number: 85406 3138RC0001), which can be contacted at:

• Postal Address: 5800 Ambler Drive, Suite 200, Mississauga ON L4W 4J4
• Telephone: 1855 354 4455
• Email: [email protected]

4.1 12 month limited jewellery warranty

All Michael Hill jewellery comes with an exclusive 12 month limited warranty of quality and workmanship from the date of purchase. To make a claim under this warranty, simply bring the item purchased and the relevant Michael Hill receipt into any of our nationwide stores within 12 months from the date of purchase or contact Customer Service (see 1(d) above) for instructions about sending it and the original proof of purchase by mail..

Where the jewellery requires repair or replacement because it is not of reasonable quality then:

1. if the cost of returning the jewellery to a Michael Hill store is significant because of the nature of the failure or because of the size or weight of the jewellery, we will collect the jewellery from you within a reasonable time; and
2. if the cost of returning the jewellery to our store is not significant, you are responsible for this cost. You are however entitled to compensation for reasonably foreseeable costs incurred because of the defect, including the cost of returning the jewellery to us for repair, replacement or return.

Damage resulting from the mistreatment of jewellery after purchase is not covered by this warranty. If the item purchased is not of an acceptable quality in the reasonable opinion of a qualified jeweller, we will refund, exchange or repair your purchase.

Nothing in the above warranty is intended to exclude or restrict the consumer's rights under applicable law.

4.2 3 year watch limited warranty

All Michael Hill watches are covered by a 3-year international limited warranty.

The warranty covers all manufacturing defects in material and workmanship for 3 years from the date of purchase. Within this period, regulation, adjustments, repair or replacement of parts will be performed without charge. The warranty does not cover parts or repairs for damage caused by accidents or mistreatment following purchase as reasonably determined by Michael Hill in its assessment of the watch.

The warranty does not cover the cost of pressure testing the watch or any other additional service carried out at the same time as work performed under the warranty. Such services will only be performed upon request by the purchaser, and the costs for such services will be charged to the purchaser.

For quality service and repairs to your Michael Hill watch, bring it with the original receipt to a Michael Hill store in Canada, or contact Customer Service (see 1(d) above) for instructions about sending it and the original proof of purchase by mail.

Where the watch requires repair or replacement because it is not of reasonable quality then:

1. if the cost of returning the watch to a Michael Hill store is significant because of the nature of the failure or because of the size or weight of the watch, we will collect the watch from you within a reasonable time; and
2. if the cost of returning the watch to our store is not significant, you are responsible for this cost. You are however entitled to compensation for reasonably foreseeable costs incurred because of the defect, including the cost of returning the watch to us for repair, replacement or return.

Nothing in the above warranty is intended to exclude or restrict the consumer's rights under applicable law.

5. Michael Hill Lifetime Diamond Warranty

To provide our customers with peace of mind when purchasing a Michael Hill diamond ring, our Diamond Promise is applied to all diamond rings with a retail price in excess of $999. The Michael Hill Lifetime Diamond Warranty is a part of the Diamond Promise.

What is covered?

The following items are covered under this warranty for the Owner's Lifetime or the Product's Lifetime whichever is shorter:

1. We will replace, free of charge, any diamond covered by this warranty if it chips, breaks, or is lost from its original setting during normal wear. This includes the labour and materials necessary to set the replacement diamond ('normal wear' is damage that naturally and inevitably occurs as a result of normal wear or aging. It is not damage from a knock or a blow);
2. The diamond content of the item is guaranteed to be a natural diamond with each of the characteristics stated in the Certificate of Authenticity; and
3. The metal content of the item is guaranteed to be the stated purity on the Certificate of Authenticity.

How can you make a claim?

To make a claim under this warranty, the following conditions must be met:

1. In order to make a claim with Michael Hill in relation to our Michael Hill Lifetime Diamond Warranty, you must provide Michael Hill with an original certificate of authenticity for that item. The certificate of authenticity must be fully completed and signed on behalf of Michael Hill by an authorised person at the time of purchase. If the certificate of authenticity has been altered in any fashion, the contractual warranty is void to the maximum extent permitted by law.
2. The lifetime requirements as identified in the 'What is covered?' in section 5(a) of these General Terms And Conditions Of Purchase must be met.
3. The product must be inspected at 6 month intervals by an authorised Michael Hill staff member in a Michael Hill store with the details of each inspection being recorded on the warranty document.
4. Any Comments/Required Maintenance entered by a Michael Hill staff member onto the warranty document must be completed at the time of inspection and recorded as completed on the warranty document.
5. In the event of a claim under this warranty, you must allow an authorised Michael Hill representative to:
   • Examine the original Certificate of Authenticity and Lifetime Diamond Warranty;
   • Inspect the jewellery and any gemmological evaluation on which the claim is based;
   • Remove the diamond from the jewellery for gemmological examination; and/or
   • Have the diamond and/or gold content examined by an independent gemmological laboratory.
6. The condition of the diamond will be determined by examination under no greater than 10x magnification and by standard gemmological techniques.

Terms and conditions

• Where a diamond ring covered by the Diamond Promise requires repair or replacement because it is not or reasonable quality then:
  • if the cost of returning the diamond ring to a Michael Hill store is significant because of the nature of the failure or because of the size or weight of the diamond ring, we will collect the diamond ring from you within a reasonable time; and
  • if the cost of returning the diamond ring to our store is not significant, you are responsible for this cost. You are however entitled to compensation for reasonably foreseeable costs incurred because of the defect, including the cost of returning the diamond ring to us for repair, replacement or return.
• If we have provided you with a plot or diagram mapping the interior or exterior features of the diamond, that plot or diagram has been provided for identification purposes only and the presence or absence of a feature on the plot or diagram will not be covered by the warranty.
• In honouring this warranty, Michael Hill will replace the diamond or gold content which meets the characteristics warranted on the Certificate of Authenticity.

Nothing in the above warranty is intended to exclude or restrict the consumer's rights under applicable law.

Definitions

In this section 5 of these General Terms And Conditions Of Purchase, the following terms have the following meanings:

Diamond: the diamond/s identified in the Certificate of Authenticity document.

Metal Content: the metal content identified in the Certificate of Authenticity document.

Owner Lifetime: the lifetime of the individual purchasing the product or the lifetime of the first person the product is gifted to. Owner lifetime ceases if ownership of the product is subsequently transferred to another party.

Product Lifetime: the reasonable lifetime of the product. This lifetime ceases at the point where the product is altered from its original form as described in the Certificate of Authenticity.

6. Professional Care Plan

The Michael Hill Professional Care Plan offers you peace of mind protection on your valued purchase. Professional Care Plans are available in either a three year or ten year plan. The terms and conditions of the Professional Care Plan can be accessed here.

7. 3 Month Repair Satisfaction Guarantee

All Michael Hill repaired goods come with a 3-month guarantee on quality of workmanship from the date such goods are collected from Michael Hill. If you are not completely satisfied with the quality of workmanship of any repaired item, simply bring your repaired item and the relevant Michael Hill receipt to the Michael Hill store where the goods were left for repair. If the workmanship of your item is not of an acceptable quality in the reasonable opinion of a qualified jeweller, we will refund the repair cost or repair the item again. Damage resulting from the mistreatment of jewellery is not covered by this guarantee. 30 day Change of Mind policy does not apply to repaired items.

8. Insurance Claims

In the case of an insurance claim, the invoice will be addressed and issued following the instructions of the insurer which may be to the relevant insurer, and not to the original customer. The 30 day Change of Mind policy does not apply to insurance items. Refunds for other valid reasons will only be to the extent of the amount paid by the Customer.

Refunds will only be made to the debit/credit card and/or finance account used at the time of purchase.

9. Engraving services

Michael Hill may offer engraving services on selected products when purchased at selected locations. Engraving options may be limited to certain fonts (including size) and characters. Michael Hill will not engrave any words or characters that may: contain any objectionable content, profanity, or potentially insulting, offensive, inflammatory or defamatory statements; depict unlawful or illegal activity; damage or have the potential to damage the goodwill or reputation of Michael Hill; violate the intellectual property or any other right of any third party.

Resizing or altering a previously engraved product may impact the engraving finish, which may incur additional costs if you then wish to touch up, refurbish and/or redo the engraving.

10. Click and Collect

Click & Collect is a free service available at selected Michael Hill stores - subject to stock availability at your selected store. These terms and conditions apply when you order items on the Michael Hill website and you choose Click & Collect as the delivery method.

Payment for Click & Collect items will be taken at the time of order. Title in the items will pass to you when Michael Hill has received full payment in respect of the order, and risk will pass to you upon collection.

Engraving and resizing is not available for Click & Collect, however you may arrange engraving and resizing for an additional charge. when you visit us in-store to collect your item

Please allow 48 hours to receive notification your order is ready for collection. You will receive an email to confirm your order is available for collection at your selected store. Visiting your nominated store prior to receiving that email collection confirmation may result in your item not being available when you arrive.

To collect an order, you must be the person specified in the order confirmation and present photo identification. Once you have received the email collection notification, simply bring that notification and an acceptable form of photo identification into the chosen Michael Hill store, within one month. Our Team Members are unable to give you your order unless you can show that collection confirmation and your photo identification. A signature may be required upon collection.

The Michael Hill store you selected to collect your order will hold onto your order for a period of one month from the date of receiving the email collection notification. If you do not collect your order within that one month period, your order will be cancelled, and all monies paid will be refunded to the card used to pay for the order. Title in the items will pass to Michael Hill when the refund monies have been paid by Michael Hill.

Michael Hill’s Change of Mind Policy applies to your order, and the 30-day change of mind policy period will be calculated from the date you receive the email collection notification.