Legacy Collective by Mazzucchelli’s Terms & Conditions

Terms & Conditions

Effective date: 05/08/2026

At Mazzucchelli’s, we are proud to reward our valued clients through Legacy Collective by Mazzucchelli’s Since 1903 (Program).

These Terms & Conditions (Terms) explain how the Program operates, including membership eligibility, tier qualification, tier benefits, Mazzucchelli’s Money, birthday rewards and other member offers.

By joining or participating in the Program, you agree to these Terms.

1. Membership Eligibility

1.1 Membership is open to individuals aged 18 years and over.

1.2 Membership is free and is available to individual customers for personal and household use only.

Membership is not available to corporations, partnerships, trusts, businesses, resellers, wholesale customers or any person purchasing primarily for resale or commercial purposes, unless Mazzucchelli’s agrees otherwise in writing.

Mazzucchelli’s staff may join the Program, but purchases made using a staff discount or another employee purchasing arrangement will not constitute Eligible Purchases, Eligible Spend or Eligible Transactions and will not earn Program Benefits.

1.3 Each member may hold one Program Account only.

Duplicate Program Accounts may be merged, suspended or closed by Mazzucchelli’s, acting reasonably and in accordance with clause 11.

1.4 Membership is personal to the member and must not be transferred, shared, sold or assigned.

A member must not pool their Eligible Spend, Eligible Transactions, tier status, Program Benefits or Mazzucchelli’s Money with another person.

1.5 Membership may be obtained:

(a) through the Mazzucchelli’s website;

(b) at a participating Mazzucchelli’s store; or

1.6 Members must provide and maintain accurate information reasonably required to administer their Program Account, including their name and a valid email address or mobile telephone number.

A member must promptly update information that changes.

1.7 Program Benefits may be issued or displayed electronically, including through a member’s Program Account.

Consent to receive Marketing Communications is separate from membership. A member is not required to consent to Marketing Communications to:

(a) join or remain in the Program;

(b) qualify for a tier;

(d) access a Program Benefit already issued to them.

1.8 A member may close their membership at any time by:

(a) changing their membership settings through the Mazzucchelli’s website, where that functionality is available;

(b) contacting Customer Relations; or

Closing membership:

(i) prevents the member from earning new Program Benefits after closure;

(ii) does not affect rights or remedies that accrued before closure;

(iii) is separate from withdrawing consent to receive Marketing Communications; and

(iv) does not of itself cancel valid Mazzucchelli’s Money or another Program Benefit already issued.

Unless membership is terminated for substantiated fraud or deliberate misuse, valid Mazzucchelli’s Money, tier welcome rewards and birthday rewards already issued when membership is closed may be redeemed until their existing expiry dates.

An ECP already purchased or validly attached to a completed purchase remains governed by the applicable ECP Terms & Conditions.

Mazzucchelli’s may retain a limited-access Program Account during the applicable redemption period to permit redemption and comply with legal, accounting, security and record-keeping obligations.

1.9 Mazzucchelli’s may decline an application, temporarily suspend a Program Account or terminate membership only in accordance with clause 11.

2. Definitions

2.1 In these Terms:

Assessment Date means a date on which Mazzucchelli’s assesses a member’s tier status.

Eligible Purchase means a completed retail purchase satisfying clause 4.

Eligible Spend means the final transaction value attributable to eligible products and actually paid by the member after all discounts, vouchers, promotions and other credits have been applied, excluding:

(a) any amount paid using Mazzucchelli’s Money; and

(b) any amount excluded under clause 4.

Eligible Transaction means an Eligible Purchase completed and recorded as one transaction in Mazzucchelli’s systems.

No minimum transaction value applies. A purchase may count as an Eligible Transaction where it includes a product from an eligible category under clause 4 and otherwise satisfies these Terms.

Marketing Communication means an email, SMS or other electronic communication that advertises or promotes Mazzucchelli’s, its products, services, offers, events or promotions.

It does not include a Service Communication that contains no advertising or promotional content.

Mazzucchelli’s, we, us or our means The Jewellery Group Pty Limited, operator of the Mazzucchelli’s brand.

Mazzucchelli’s Money means promotional loyalty credit issued under the Program.

Member means an individual accepted by Mazzucchelli’s as a member of the Program.

Program Account means the account maintained by Mazzucchelli’s for a member in connection with the Program.

Program Benefit includes:

(a) tier status;

(b) Mazzucchelli’s Money;

(d) birthday rewards;

(e) ECP benefits; and

(f) member promotional offers.

Qualification Period means the rolling 12-month period immediately preceding the relevant Assessment Date.

Service Communication means a communication reasonably necessary to administer a member’s Program Account, transaction or relationship with Mazzucchelli’s, including a communication about:

(a) account security;

(b) purchases or deliveries;

(d) Mazzucchelli’s Money balances or expiry;

(e) changes to these Terms;

(f) fraud prevention;

(g) product recalls; or

(h) legal notices.

Tier Expiry Date means the date on which the applicable Tier Validity Period ends.

Tier Start Date means the date on which a member enters or is upgraded to a tier.

Tier Validity Period means the period specified in clause 5.

3. Program Structure and Tier Qualification

3.1 The Program has the following five tiers:

(a) Ruby;

(b) Emerald;

(d) Diamond; and

(e) Brilliance.

3.2 A member qualifies for a tier by meeting either:

(a) the Eligible Spend threshold for that tier during the Qualification Period; or

(b) the Eligible Transaction threshold for that tier during the Qualification Period.

3.3 The tier thresholds are:

(a) Ruby:

(i) Eligible Spend of $0 to $999.99; or

(ii) one Eligible Transaction;

(b) Emerald:

(i) Eligible Spend of $1,000 to $4,999.99; or

(ii) two Eligible Transactions;

(i) Eligible Spend of $5,000 to $9,999.99; or

(ii) three Eligible Transactions;

(d) Diamond:

(i) Eligible Spend of $10,000 to $19,999.99; or

(ii) four Eligible Transactions; and

(e) Brilliance:

(i) Eligible Spend of $20,000 or more; or

(ii) five or more Eligible Transactions.

3.4 Same-day transactions

Multiple purchases made by the same member on the same day will count as separate Eligible Transactions only where each purchase:

(a) is completed and recorded as a separate transaction in Mazzucchelli’s systems;

(b) includes a product from an eligible category under clause 4;

(d) was not split or structured for the purpose of improperly obtaining a higher tier or additional Program Benefit.

3.5 Despite clauses 3.2 and 3.3, a person who joins the Program but has not completed an Eligible Purchase will hold an active Program Account but will not hold a tier.

When the member’s first Eligible Purchase is verified, the member will be assigned the highest tier for which they qualify under clauses 3.2 to 3.4.

If the member does not satisfy the criteria for a higher tier, they will be assigned Ruby.

3.6 Mazzucchelli’s may assess a member’s tier:

(a) after an Eligible Purchase;

(b) after a return, cancellation or refund;

(d) at another reasonable time necessary to correct a manifest error or investigate suspected misuse.

3.7 A member will qualify for the highest tier for which they satisfy the applicable criteria.

3.8 If a member qualifies directly for a higher tier without previously holding one or more intermediate tiers:

(a) the member will be placed directly into the highest tier for which they qualify;

(b) the member will receive only the tier welcome reward applicable to that highest tier; and

3.9 All tier calculations are based on Mazzucchelli’s records, subject to correction for:

(a) manifest error;

(b) a return, refund or cancellation;

(d) unauthorised account access; or

(e) a material technical issue.

Any correction must be made in accordance with clauses 9 and 11.

4. Eligible Spend and Eligible Transactions

4.1 Subject to this clause, Eligible Spend includes completed retail purchases in the following product categories:

(a) diamonds and diamond jewellery;

(b) gold jewellery;

(d) precious gemstone jewellery; and

(e) watches.

4.2 For the purposes of the Program, each product will be classified by reference to the product class code assigned to it in Mazzucchelli’s Pronto ERP (inventory and point-of-sale) system at the time of the relevant transaction.

The applicable Pronto class codes will determine whether a product falls within one of the following categories:

(a) diamonds and diamond jewellery;

(b) gold jewellery;

(d) precious gemstone jewellery; or

(e) watches.

Mazzucchelli’s will maintain an internal mapping of Pronto class codes to those Program categories.

Where a product may reasonably fall within more than one category, including a mixed-material product, the category assigned to the product in Pronto at the time of the transaction will apply.

The product classification recorded in Pronto will also determine:

(i) whether the product contributes to Eligible Spend;

(ii) the applicable Mazzucchelli’s Money earning rate;

(iii) whether a reward or Program Benefit may be redeemed against the product; and

(iv) whether any category-specific exclusion applies.

Mazzucchelli’s may correct a manifest product-classification or system error in accordance with clauses 9 and 11.

Mazzucchelli’s must not retrospectively change a product classification to reduce or cancel a Program Benefit already validly earned or redeemed, except where the original classification resulted from:

(A) a manifest error;

(B) fraud or deliberate misuse; or

A member may request confirmation of the Program category applying to a product before completing a purchase.

4.3 Unless Mazzucchelli’s expressly states otherwise before purchase, the following are excluded from Eligible Spend and do not count as Eligible Transactions:

(a) Extended Care Plans and similar care plans;

(b) repairs, resizing, cleaning and servicing;

(d) gift card purchases;

(e) shipping, delivery and handling fees;

(f) cancelled, reversed, refunded or fraudulent transactions;

(g) transactions made using staff discount, wholesale pricing or commercial pricing;

(h) deposits, lay-bys, back orders, suspended sales and incomplete transactions until clause 4.6 has been satisfied; and

(i) products, services or sales channels expressly identified as excluded before purchase.

4.4 Ordinary sale and promotional purchases remain eligible, with Eligible Spend calculated after all discounts, promotional reductions and vouchers have been applied.

Transactions using staff discount, wholesale pricing or commercial pricing remain excluded unless Mazzucchelli’s expressly approves otherwise.

4.5 The purchase of a gift card is not an Eligible Purchase.

Where a member uses a Mazzucchelli’s gift card purchased with money to pay for otherwise eligible products, the amount paid using that gift card will count as Eligible Spend.

An amount paid using a complimentary or promotional gift card, coupon, voucher or store credit issued by Mazzucchelli’s without separate monetary payment will not count as Eligible Spend. This includes a gift card or credit issued under a spend-and-receive promotion or store-opening promotion.

4.6 A lay-by, deposit, back order or special order does not count as an Eligible Purchase until:

(a) the full purchase price has been paid;

(b) the transaction has been completed in Mazzucchelli’s systems; and

4.7 Eligible Spend includes GST where GST forms part of the retail price paid by the member.

4.8 Eligible Spend is calculated after all transaction-level and item-level discounts have been applied.

4.9 Where a transaction contains both eligible and excluded products, only the amount attributable to eligible products will count as Eligible Spend.

A transaction-level discount will be allocated reasonably and proportionately across the products in the transaction.

4.10 Members must identify themselves as Program members at the time of purchase by:

(a) logging into their online Program Account; or

(b) providing the relevant account information in-store.

Where a member failed to identify themselves, Mazzucchelli’s may retrospectively attribute Eligible Spend, an Eligible Transaction and any applicable Mazzucchelli’s Money where:

(i) the member makes the request within 30 days after the purchase; and

(ii) the member provides reasonable proof of purchase and Program Account ownership.

Where the member took reasonable steps to identify themselves but the transaction was not attributed to their Program Account because of a Mazzucchelli’s system or staff error, Mazzucchelli’s will retrospectively attribute the Eligible Spend, Eligible Transaction and applicable Mazzucchelli’s Money on reasonable proof of purchase and account ownership.

4.11 A return, refund, cancellation or reversal will reduce Eligible Spend and may remove an Eligible Transaction in accordance with clause 9.

5. Tier Validity and Review

5.1 The Tier Validity Period is:

(a) 12 months for Ruby, Emerald, Sapphire and Diamond; and

(b) 24 months for Brilliance.

5.2 A member may be upgraded at any time after satisfying the applicable tier criteria.

An upgrade takes effect after the qualifying transaction and the member’s eligibility have been recorded and verified.

5.3 Mazzucchelli’s Money earned on a transaction that causes a tier upgrade will be calculated using the member’s tier immediately before that transaction.

The higher earning rate will apply only to Eligible Purchases completed after the qualifying transaction has been verified.

Where the member did not hold a tier that earned Mazzucchelli’s Money immediately before the qualifying transaction, no Mazzucchelli’s Money will be earned on that transaction.

5.4 When a member is upgraded:

(a) the new tier begins on the date of upgrade; and

(b) a new Tier Validity Period begins on that date.

5.5 At the Tier Expiry Date, Mazzucchelli’s will reassess the member’s tier using the member’s Eligible Spend and Eligible Transactions during the Qualification Period immediately preceding the Tier Expiry Date.

5.6 Although Brilliance remains valid for 24 months, the member’s status at the end of that period will be reassessed using Eligible Spend and Eligible Transactions recorded during the 12 months immediately preceding the Brilliance Tier Expiry Date.

5.7 Following reassessment, the member may:

(a) retain their current tier;

(b) be upgraded; or

5.8 A member who remains enrolled in the Program but has no qualifying Eligible Spend or Eligible Transactions at the relevant review date will remain in, or revert to, the Ruby tier.

The member will retain their Program Account and may qualify for a higher tier in accordance with clause 3.

5.9 A member will not ordinarily be downgraded before their Tier Expiry Date merely because their rolling Eligible Spend or Eligible Transaction count subsequently falls below the applicable threshold.

Clause 5.10 will apply where a qualifying transaction is returned, cancelled or reversed.

5.10 Mazzucchelli’s may reverse or amend a tier upgrade before the Tier Expiry Date where:

(a) the transaction that caused the upgrade is cancelled, reversed or refunded; and

(b) without that transaction, the member would not have qualified for that tier.

Any adjustment to a welcome reward, ECP benefit or Mazzucchelli’s Money must be made reasonably and in accordance with clause 9.

6. Tier Benefits

6.1 General

Tier-specific Program Benefits are subject to:

(a) these Terms; and

(b) any additional terms prominently disclosed before the benefit is used.

Unless these Terms expressly provide otherwise:

(i) eligibility for a tier welcome reward or birthday reward is determined when the reward is issued, and the reward remains usable until expiry despite a later change in tier status;

(ii) eligibility for an ECP benefit is determined at the time of the relevant purchase; and

(iii) Mazzucchelli’s Money already issued remains redeemable until expiry despite a later tier change or account closure permitted under clause 1.8.

This clause is subject to adjustments arising from a return, manifest error, fraud or substantiated misuse under clauses 9 and 11.

6.2 Tier Welcome Rewards

6.2.1 Upon entering an eligible tier, a member will receive the following tier welcome reward:

(a) Emerald: $100 off an Eligible Purchase of $1,000 or more;

(b) Sapphire: $150 off an Eligible Purchase of $1,000 or more;

(d) Brilliance: $250 off an Eligible Purchase of $1,000 or more.

Ruby does not receive a tier welcome reward.

6.2.2 A member will receive the applicable tier welcome reward each time the member is upgraded to a higher tier.

This includes where the member:

(a) previously held that higher tier;

(b) was subsequently moved to a lower tier following a tier review; and

A member will not receive a tier welcome reward where:

(i) the member retains their existing tier at a review date;

(ii) the member is moved to a lower tier at a review date;

(iii) the member’s tier is changed solely to correct a manifest or administrative error; or

(iv) the member does not otherwise complete a genuine upgrade to a higher tier.

Where a member qualifies directly for a higher tier and skips one or more intermediate tiers, clause 3.8 applies.

6.2.3 A tier welcome reward is issued after the transaction that caused the member to enter the tier has been completed and verified.

The reward cannot be used in the transaction that caused tier qualification.

6.2.4 A tier welcome reward:

(a) is single-use only;

(b) is non-transferable;

(d) cannot be redeemed for cash;

(e) cannot be applied retrospectively;

(f) cannot be used to purchase gift cards, ECPs, repairs or excluded services;

(g) cannot be combined with Mazzucchelli’s Money or another offer, voucher or promotion unless Mazzucchelli’s expressly states otherwise; and

(h) expires 60 days after its issue date.

6.2.5 For the purposes of satisfying the $1,000 minimum spend requirement, Eligible Spend is calculated:

(a) after all other discounts, vouchers and promotional offers have been applied; and

(b) before the tier welcome reward is applied.

Amounts paid for Extended Care Plans, repairs and gift card purchases do not count towards the $1,000 minimum spend requirement.

6.2.6 A tier welcome reward may be used on jewellery and watches.

6.2.7 If the transaction that caused tier qualification is later cancelled, reversed or refunded, the treatment of the member’s tier and any related welcome reward is governed by clauses 9.6 and 9.7.

6.3 Birthday Reward

6.3.1 A member who satisfies clause 6.3.2 will receive a birthday reward of $100 off an Eligible Purchase of $500 or more.

6.3.2 To receive the birthday reward, the member must have a valid date of birth recorded in their Program Account before the date on which the reward is scheduled to be issued under clause 6.3.5.

6.3.3 Consent to receive Marketing Communications is not required for the birthday reward to be made available through the member’s Program Account.

Mazzucchelli’s may send an email or SMS reminder only through a channel for which the member has separately consented to receive Marketing Communications.

6.3.4 The birthday reward:

(a) is issued once per member per calendar year;

(b) is single-use only;

(d) must be redeemed in one transaction;

(e) cannot be redeemed for cash;

(f) cannot be used to purchase gift cards, ECPs, repairs or excluded services;

(g) cannot be applied retrospectively;

(h) cannot be combined with Mazzucchelli’s Money or another offer, voucher or promotion unless Mazzucchelli’s expressly states otherwise; and

(i) is valid for 40 days after its issue date.

6.3.5 The birthday reward will be issued 30 days before the Member’s birthday.

6.3.6 The birthday reward may be used on jewellery and watches.

6.4 Extended Care Plan Benefits

6.4.1 ECP benefits are subject to separate ECP terms and conditions.

6.4.2 ECP benefits:

(a) apply only to eligible products;

(b) must be applied at the time of purchase;

(d) are additional to, and do not replace, rights and remedies under the Australian Consumer Law.

6.4.3 A Diamond member is entitled to a 50% discount for an eligible three-year ECP.

6.4.4 A Brilliance member is entitled to a complimentary three-year ECP for each eligible product.

6.4.5 Brilliance lifetime ECP benefit

A Brilliance member may purchase an eligible lifetime Extended Care Plan at a discount of 50% off the standard retail price of that plan.

The benefit:

(a) applies only to an Extended Care Plan that is eligible under the applicable ECP Terms & Conditions;

(b) must be applied at the time the eligible product and Extended Care Plan are purchased;

(d) cannot be transferred, exchanged or redeemed for cash; and

(e) cannot be combined with another discount, offer or promotion applying to the Extended Care Plan unless Mazzucchelli’s expressly states otherwise.

The Extended Care Plan, including its coverage, duration, eligibility requirements, exclusions, transferability, servicing conditions and treatment of product returns or replacements, is governed by the applicable ECP Terms & Conditions.

If there is any inconsistency between these Terms and the ECP Terms & Conditions concerning the operation of the Extended Care Plan, the ECP Terms & Conditions apply. These Terms continue to govern the member’s eligibility for the 50% discount.

6.4.6 Choice of Brilliance ECP benefit

For the same eligible product, a Brilliance member may choose either:

(a) the complimentary three-year ECP under clause 6.4.4; or

(b) the 50% discount on an eligible lifetime ECP under clause 6.4.5.

The benefits cannot both be applied to the same product unless Mazzucchelli’s expressly states otherwise.

7. Earning Mazzucchelli’s Money

7.1 Subject to the $500 transaction cap in clause 7.4, members earn Mazzucchelli’s Money on Eligible Spend at the following rates:

(a) Emerald: 5% on eligible jewellery;

(b) Sapphire: 7% on eligible jewellery;

(d) Brilliance:

(i) 15% on eligible jewellery; and

(ii) 5% on eligible watches.

7.2 Earning eligibility by tier and product category

(a) Ruby members do not earn Mazzucchelli’s Money;

(b) Emerald, Sapphire and Diamond members do not earn Mazzucchelli’s Money on watches; and

7.3 The earning rate applicable to a transaction is determined by:

(a) the member’s tier immediately before the transaction; and

(b) the product category of each eligible item.

7.4 The maximum Mazzucchelli’s Money that may be earned in a single transaction is $500, unless specific promotional terms expressly state a higher cap.

The cap applies to the total Mazzucchelli’s Money earned across all eligible products in the transaction.

7.5 The $500 cap must be prominently disclosed together with the earning rates in:

(a) member-facing Program summaries;

(b) relevant promotional material; and

7.6 Mazzucchelli’s Money is calculated on Eligible Spend after all discounts, vouchers and other Program Benefits have been applied.

Mazzucchelli’s Money is not earned on the portion of a transaction paid using Mazzucchelli’s Money.

7.7 Where a transaction contains products subject to different earning rates, Mazzucchelli’s Money will be calculated separately for each eligible item and then combined, subject to the transaction cap.

7.8 Mazzucchelli’s Money is calculated to the nearest cent.

7.9 Mazzucchelli’s Money will generally be issued within one hour after an Eligible Purchase is completed, recorded and verified, subject to system processing.

Mazzucchelli’s may delay issuing Mazzucchelli’s Money while undertaking reasonable payment, return, fraud or eligibility checks.

7.10 Mazzucchelli’s Money:

(a) is not legal tender;

(b) cannot be redeemed for cash;

(d) cannot be purchased, topped up or reloaded;

(e) cannot be used to purchase gift cards;

(f) cannot be applied retrospectively; and

(g) may be used only in accordance with these Terms.

8. Expiry and Redemption of Mazzucchelli’s Money

8.1 Each amount of Mazzucchelli’s Money expires 180 days after its issue date unless a longer period is expressly stated.

8.2 Each amount of Mazzucchelli’s Money has its own:

(a) issue date;

(b) expiry date; and

The applicable expiry date will be prominently displayed in the member’s Program Account or prominently communicated to the member by another appropriate method.

8.3 Where a member holds more than one available Mazzucchelli’s Money code, the member may choose which code or codes to redeem.

All available codes and their applicable expiry dates will be displayed to the member through the relevant redemption channel.

Mazzucchelli’s may display the codes in order of their expiry dates to assist the member, but the member is not required to redeem the earliest-expiring code first.

8.4 Redemption of Mazzucchelli’s Money

Each amount of Mazzucchelli’s Money issued to a member:

(a) is recorded separately in the member’s Program Account;

(b) has its own unique redemption code, value, issue date and expiry date; and

Mazzucchelli’s Money cannot be partially redeemed.

The value of the eligible purchase, after all other discounts, vouchers and promotional offers have been applied but before Mazzucchelli’s Money is applied, must be equal to or greater than the full value of the Mazzucchelli’s Money being redeemed.

For example, where a member holds a Mazzucchelli’s Money code valued at $250:

(i) the code cannot be redeemed against an eligible purchase valued at $200; and

(ii) the code may be redeemed against an eligible purchase valued at $250 or more.

A member may redeem more than one Mazzucchelli’s Money code in a single transaction. Where multiple codes are redeemed, the value of the eligible purchase must be equal to or greater than the combined value of all codes being redeemed.

A Mazzucchelli’s Money code that is not redeemed remains available until its applicable expiry date.

8.5 Minimum purchase amount and full redemption

Each amount of Mazzucchelli’s Money must be redeemed in full and cannot be partially redeemed.

The minimum purchase amount required to redeem Mazzucchelli’s Money is equal to the total amount of Mazzucchelli’s Money being redeemed in the transaction.

For example:

(a) to redeem $100 of Mazzucchelli’s Money, the member must make an eligible purchase of at least $100; and

(b) if the member redeems multiple amounts of Mazzucchelli’s Money totalling $250 in one transaction, the member must make an eligible purchase of at least $250.

The minimum purchase amount is calculated on the value of eligible products after all other discounts, vouchers and promotional offers have been applied, but before the Mazzucchelli’s Money is applied.

Any amount of Mazzucchelli’s Money selected for redemption must be used in full in that transaction. No unused portion will be carried forward, refunded, exchanged or provided as cash or change.

8.6 Mazzucchelli’s Money may be redeemed:

(a) in participating Mazzucchelli’s stores; and

(b) online, subject to system functionality.

8.7 Mazzucchelli’s Money cannot be used:

(a) to purchase gift cards;

(b) to pay delivery, shipping or handling fees;

(d) for another product or service prominently identified as excluded before redemption.

8.8 Mazzucchelli’s Money cannot reduce the transaction price below $0.

A member cannot redeem a Mazzucchelli’s Money code where the eligible value of the transaction is less than the full value of that code.

Each selected code must be redeemed in full. No cash, change, refund or residual value will be provided in respect of a redeemed code, except where required by law or expressly provided under clause 9.

8.9 If a material Mazzucchelli’s system failure prevents a member from redeeming Mazzucchelli’s Money before expiry, Mazzucchelli’s will:

(a) reinstate the affected amount; or

(b) extend its expiry for at least 30 days after the relevant system becomes available.

8.10 Mazzucchelli’s may temporarily decline or suspend redemption where it reasonably suspects:

(a) fraud;

(b) unauthorised account access;

(d) system error; or

(e) another breach of these Terms.

Any investigation or permanent action must comply with clause 11.

9. Returns, Refunds and Adjustments

9.1 Mazzucchelli’s Money earned on returned purchases

If all or part of an Eligible Purchase is cancelled, reversed or refunded, Mazzucchelli’s may reverse the amount of Mazzucchelli’s Money earned on the cancelled, reversed or refunded amount.

For a partial return, the reversal must be calculated reasonably and proportionately by reference to the amount paid for the returned product after transaction-level discounts and Program Benefits have been allocated.

9.2 Mazzucchelli’s Money used on returned purchases

If a member used Mazzucchelli’s Money in a transaction that is later cancelled, reversed or refunded, Mazzucchelli’s will, subject to applicable law:

(a) refund or return the amount paid using money or another payment method as required by law or the applicable returns policy; and

(b) reinstate the amount of Mazzucchelli’s Money allocated to the returned products.

For a partial return, discounts and Mazzucchelli’s Money used in the original transaction will be allocated reasonably and proportionately across the products in that transaction.

Mazzucchelli’s may reinstate the relevant amount of Mazzucchelli’s Money by:

(i) reactivating the original code, where practicable;

(ii) issuing a replacement code for the relevant amount; or

(iii) providing an equivalent Mazzucchelli’s Money credit that can be used in accordance with these Terms.

If the reinstated or replacement amount would otherwise have expired, or has fewer than 30 days remaining, it will be valid for 30 days after reinstatement or reissue.

No amount paid using Mazzucchelli’s Money will be refunded in cash unless required by law.

9.3 Australian Consumer Law remedies

Where a member is entitled to a remedy under the Australian Consumer Law or another applicable law:

(a) Mazzucchelli’s will not make a deduction or adjustment that reduces the remedy below the amount or form required by law;

(b) the member’s use or receipt of a Program Benefit does not reduce their statutory rights; and

(c) Mazzucchelli’s may reinstate the Mazzucchelli’s Money component of a transaction unless the law requires a different remedy.

9.4 Change-of-mind returns

A discretionary change-of-mind return is governed by Mazzucchelli’s published returns policy and any conditions disclosed before purchase.

Nothing in that policy or this clause limits a right or remedy that cannot lawfully be limited.

9.5 Negative balances

A negative Mazzucchelli’s Money balance may arise only where:

(a) Mazzucchelli’s Money earned from a transaction was used before that transaction was cancelled, reversed or refunded; and

(b) insufficient Mazzucchelli’s Money remains to complete the required reversal.

Mazzucchelli’s may offset the negative balance against Mazzucchelli’s Money subsequently earned.

A negative balance:

(i) does not constitute a monetary debt payable by the member; and

(ii) must not be recovered from the member using money or another payment method.

9.6 Where a return removes Eligible Spend or an Eligible Transaction that caused the member to enter or retain a tier, Mazzucchelli’s may reassess the member’s tier as if the returned transaction had not occurred.

Any downgrade will take effect only after:

(a) the return has been completed;

(b) the member’s revised eligibility has been verified; and

9.7 Where a member has already used a tier welcome reward or ECP benefit before the qualifying transaction is returned:

(a) the member will not be required to repay the value of that benefit in money;

(b) Mazzucchelli’s may cancel an unused Program Benefit directly connected with the reversed qualification; and

9.8 Errors and corrections

Mazzucchelli’s may correct a manifest error in:

(a) tier status;

(b) Eligible Spend;

(d) Mazzucchelli’s Money;

(e) expiry dates; or

(f) Program Account records.

Before making a material adverse correction, Mazzucchelli’s will, unless urgent action is reasonably required to prevent fraud or unauthorised access:

(i) notify the member;

(ii) explain the basis of the proposed correction; and

(iii) give the member a reasonable opportunity to provide relevant information.

9.9 A member may request an explanation or review of an adjustment by contacting Customer Relations.

10. Account Security

10.1 Members must take reasonable steps to protect their Program Account, including by:

(a) keeping passwords and authentication information confidential;

(b) not allowing another person to use the Program Account; and

10.2 Mazzucchelli’s may require reasonable proof of identity, purchase or account ownership before:

(a) disclosing account information;

(b) changing material account details;

(d) issuing or redeeming a material Program Benefit.

11. Fair Use, Investigations and Misuse

11.1 The Program is intended for genuine personal and household use.

11.2 A member must not:

(a) create, control or use duplicate Program Accounts;

(b) provide materially false or misleading information;

(d) manipulate purchases, returns, refunds, tiers, transaction counts or Program Benefits;

(e) split or structure transactions for the purpose of improperly obtaining a tier or Program Benefit;

(f) sell, transfer or commercialise Program Benefits;

(g) use the Program primarily for resale, wholesale or commercial purchasing;

(h) use bots, scripts or unauthorised automated systems;

(i) engage in fraud, misleading or deceptive conduct, abusive conduct or unlawful conduct; or

(j) knowingly attempt to obtain a Program Benefit to which they are not entitled.

11.3 Where Mazzucchelli’s has reasonable grounds to suspect conduct described in clause 11.2, it may temporarily:

(a) suspend the affected Program Account;

(b) restrict the issue or redemption of an affected Program Benefit;

(d) preserve relevant records while the matter is investigated.

Any restriction must be no broader and last no longer than reasonably necessary.

11.4 Unless immediate action is reasonably required to protect account security, prevent fraud or comply with law, Mazzucchelli’s will give the member:

(a) notice of the concern;

(b) a reasonable summary of the basis for the concern; and

Where immediate action is taken, Mazzucchelli’s will provide that information as soon as reasonably practicable afterwards.

11.5 Following an investigation, Mazzucchelli’s may take proportionate action, including:

(a) restoring the Program Account or Program Benefit;

(b) correcting or reversing a Program Benefit directly connected with the relevant conduct;

(d) issuing a warning;

(e) imposing a reasonable restriction;

(f) suspending membership for a stated period; or

(g) terminating membership where serious or repeated misconduct is substantiated.

11.6 Mazzucchelli’s must not permanently cancel an unaffected Program Benefit merely because another transaction or benefit is disputed, unless cancellation is reasonably necessary to remedy substantiated fraud or deliberate misuse.

11.7 A member may request an internal review of a material adverse decision.

The review will be undertaken by a person who was not the original decision-maker where reasonably practicable.

Mazzucchelli’s will communicate the outcome and reasons within a reasonable period.

12. Privacy and Communications

12.1 Mazzucchelli’s collects and handles personal information in connection with the Program in accordance with:

(a) applicable privacy laws;

(b) the Mazzucchelli’s Privacy Policy; and

12.2 Personal information collected for Program administration may include:

(a) name and contact details;

(b) date of birth;

(d) transaction and purchase history;

(e) tier status and tier history;

(f) Mazzucchelli’s Money balances and redemption history;

(g) reward and ECP eligibility;

(h) communication preferences;

(i) marketing consent and withdrawal records; and

(j) device, technical and fraud-prevention information.

12.3 Joining the Program or accepting these Terms does not constitute consent to receive Marketing Communications.

12.4 Mazzucchelli’s will obtain marketing consent through a separate affirmative action.

Where email and SMS marketing are offered, Mazzucchelli’s will provide separate consent choices for each channel.

Marketing consent options will not be pre-selected.

12.5 Mazzucchelli’s will maintain an auditable record of marketing consent, including:

(a) the member or account to which the consent relates;

(b) the address or number to which the consent relates;

(d) the wording and version of the consent statement;

(e) the date and time consent was given;

(f) the method and location through which consent was given; and

(g) any later withdrawal or change.

12.6 A member may withdraw consent to Marketing Communications at any time by:

(a) using the unsubscribe facility in the communication;

(b) replying STOP where that functionality is offered for SMS;

(d) contacting Mazzucchelli’s.

Mazzucchelli’s will action a valid withdrawal within five working days.

Mazzucchelli’s will not require the member to:

(i) pay a fee;

(ii) create or log into an account; or

(iii) provide unnecessary additional personal information to unsubscribe.

12.7 Withdrawing marketing consent:

(a) does not terminate membership;

(b) does not reduce or cancel tier status;

(d) may mean the member does not receive promotional reminders through the withdrawn channel.

12.8 Mazzucchelli’s may send Service Communications without marketing consent where reasonably necessary to administer the member’s account, transaction or legal relationship with Mazzucchelli’s.

A Service Communication must not contain promotional content unless the member has consented to receive Marketing Communications through that channel.

12.9 Personal information is otherwise handled in accordance with the Mazzucchelli’s Privacy Policy available on the Mazzucchelli’s website.

12.10 Each Marketing Communication will:

(a) accurately identify Mazzucchelli’s as the sender;

(b) include current sender contact information;

(d) otherwise comply with applicable electronic-marketing laws.

13. Liability and Service Interruptions

13.1 Nothing in these Terms excludes, restricts or modifies:

(a) consumer guarantees, rights or remedies under the Australian Consumer Law;

(b) liability for fraud, wilful misconduct or negligence;

(d) another liability that cannot lawfully be excluded, restricted or modified.

13.2 Subject to clause 13.1 and to the extent permitted by law, Mazzucchelli’s is not liable for loss caused solely by:

(a) an event outside its reasonable control;

(b) incorrect or outdated information provided by the member;

(d) unauthorised account access that was not caused or contributed to by Mazzucchelli’s breach, negligence or failure to take reasonable security precautions.

13.3 Clause 13.2 applies only to the extent that Mazzucchelli’s:

(a) took reasonable steps to prevent or minimise the relevant event or loss; and

(b) acted reasonably to correct the issue after becoming aware of it.

13.4 If a material Mazzucchelli’s system failure prevents a member from redeeming a Program Benefit before expiry, Mazzucchelli’s will:

(a) reinstate the affected Program Benefit; or

(b) extend its expiry for a reasonable period of not less than 30 days after the relevant system becomes available.

14. Australian Consumer Law

14.1 Nothing in these Terms excludes, restricts or modifies any right, guarantee, remedy or protection that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law or another applicable law.

14.2 Mazzucchelli’s goods and services come with guarantees that cannot be excluded under the Australian Consumer Law.

Where required by law, consumers may be entitled to remedies including repair, replacement, refund, cancellation and compensation for reasonably foreseeable loss or damage.

14.3 Program Benefits are provided in addition to, and do not replace, rights and remedies under the Australian Consumer Law.

14.4 ECPs and similar care plans are subject to separate terms and are additional to, and do not replace, rights and remedies under the Australian Consumer Law.

15. Program Changes, Suspension and Termination

15.1 Mazzucchelli’s may change the Program or these Terms only where the change is reasonably necessary and proportionate to one or more of the following purposes:

(a) improving or administering the Program;

(b) responding to changes in law, regulatory guidance or industry requirements;

(d) reflecting changes to products, services, technology or participating channels; or

(e) maintaining the commercial sustainability of the Program.

15.2 Where a proposed change is likely to have a material adverse effect on members, Mazzucchelli’s will provide at least 30 days’ prior notice by one or more of:

(a) email;

(b) SMS;

(d) a notice displayed in the member’s Program Account.

The notice will describe:

(i) the change;

(ii) its effective date; and

(iii) any action the member may take.

15.3 Mazzucchelli’s may make a change without the notice specified in clause 15.2 where immediate action is reasonably required:

(a) by law or a regulator;

(b) to address fraud or a material security risk;

(d) to prevent material harm to Mazzucchelli’s, members or another person.

Mazzucchelli’s will provide notice as soon as reasonably practicable afterwards.

15.4 Unless clause 11 applies or a correction is required for a manifest error, a change will operate prospectively and will not:

(a) reduce valid Mazzucchelli’s Money already issued;

(b) bring forward the expiry of Mazzucchelli’s Money already issued;

(d) cancel a valid welcome or birthday reward already issued; or

(e) remove an ECP benefit already validly attached to a completed purchase.

15.5 A material Program change will not reduce a member’s current tier before the existing Tier Expiry Date unless the change is:

(a) required by law or a regulator;

(b) necessary to correct a manifest error; or

15.6 If Mazzucchelli’s discontinues the Program, it will provide at least 60 days’ prior notice.

Valid Mazzucchelli’s Money, tier welcome rewards and birthday rewards already issued will remain redeemable until their existing expiry dates. Their expiry dates will not be brought forward solely because the Program is discontinued.

Mazzucchelli’s may maintain limited Program functionality after discontinuation to allow members to redeem valid Program Benefits already issued.

A shorter notice or redemption period may apply only where immediate discontinuation is required:

(a) by law or a regulator;

(b) because of a material security incident; or

In those circumstances, Mazzucchelli’s will take reasonable steps to preserve valid accrued benefits or provide an equivalent remedy.

15.7 Discontinuation of the Program will not affect:

(a) an ECP already purchased or validly issued;

(b) a complimentary ECP already attached to a completed purchase; or

15.8 A member who does not accept a material adverse change may close their membership under clause 1.8.

Valid Mazzucchelli’s Money and Program Benefits already issued will remain subject to clauses 1.8 and 15.4.

15.9 The current version of these Terms, including its effective date, will be available on the Mazzucchelli’s website and on request from Customer Relations.

16. Governing Law

16.1 These Terms are governed by the laws of South Australia and applicable Commonwealth laws of Australia.

16.2 Nothing in these Terms restricts:

(a) the application of a mandatory law of another Australian State or Territory; or

(b) a member’s right to bring a claim before a court or tribunal of competent jurisdiction.

17. Program Operator

The Program is operated by:

The Jewellery Group Pty Limited
ABN 25 124 077 729
ACN 124 077 729

Operator of the Mazzucchelli’s brand
36–38 Henley Beach Road
Mile End SA 5031

Telephone: 1800 921 551

Customer Relations email: customerrelations@mazzucchellis.com.au

Website: https://mazzucchellis.com.au/