GOLD AND GEMS FIRM AUSTRALIA TERMS & CONDITIONS
These terms and conditions apply to our Gold and Gems Firm Australia Pty Ltd website located at www.goldgemsfirm.com (the ‘Site’) and all associated websites operated by Gold and Gems Firm Australia Pty Ltd ACN 640 849 243 (‘Gold and Gems Firm Australia’). Please read these terms and conditions (the ‘Terms and Conditions’) carefully. BY USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS:
These Terms and Conditions govern your use of, and any purchase from, the Gold and Gems Firm Australia Site, and constitute an agreement between you and Gold and Gems Firm Australia. Gold and Gems Firm Australia reserves the right to change or modify any of these Terms and Conditions or any policy or guideline of the Site at any time, and in its sole discretion. Any change or modification will be effective immediately upon posting of the revisions on the Site. Your continued use of the Site following the posting of its changes or modification will constitute your acceptance of such changes or modifications. Therefore, you should regularly review these Terms and Conditions and any other application policies each time you use the Site. If you do not agree to any amended terms, you should not use the Site or purchase goods from the Site.
2 Use of the Site
2.1 We grant you a non-exclusive, world-wide, non-transferable license to use the Site in accordance with these Terms and Conditions.
2.2 You may access and use the Site (including any incidental copying that occurs as part of that use) in the normal manner and may also print one copy of any page within the Site for your own personal, non-commercial use.
2.3 You must not add any content to the Site:
(a) unless you hold all necessary rights, licenses and consents to do so;
(b) that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
(c) that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
(d) that would bring us, or the Site, into disrepute, or which may expose Gold and Gems Firm Australia or users of the Site to any harm or liability of any kind; or
(e) that infringes the intellectual property or other rights of any person or organisation.
You acknowledge and agree that:
(a) we retain complete editorial control over the Site and may alter, amend or cease the operation of the Site at any time in our sole discretion; and
(b) the Site will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).
2.4 You agree to indemnify, defend and hold Gold and Gems Firm Australia and its affiliates, licensors and suppliers harmless from any liability, loss, claim and expense, including reasonable legal fees, related to a breach by you of these Terms and Conditions or to your use of the Site.
3 Intellectual Property Rights
3.1 Nothing in these Terms and Conditions constitutes a transfer of any intellectual property rights. You acknowledge and agree that we own all intellectual property rights in the Site.
3.2 The content, organisation, gathering, compilation, logos, all designs, text, pictures, data, software, sound files, digital conversion and other materials related to the Site are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights, and, the copying, redistribution, use or publication by any person of any such content or any part of the Site is prohibited.
3.3 You acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding the Site, Gold and Gems Firm Australia or our products or services that are provided by you to Gold and Gems Firm Australia are nonconfidential.
You grant Gold and Gems Firm Australia a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and license to use those materials in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and you permit us to authorise any other person to do the same thing. You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
The license in this clause 3.3 will survive any termination of these Terms and Conditions.
5 Information on the Site
5.1 Gold and Gems Firm Australia makes every attempt to ensure that the descriptions of our products are as accurate and complete as possible. In order to give you the opportunity to view our products in detail, some products may appear larger or smaller than their actual size in our photographs, and since every computer monitor is set differently, colour and size may vary slightly.
5.2 We aim to provide you with as much information and detail about your prospective purchase as possible so that you can view the beauty and shape of a particular diamond
We provide the measurement of our products based on our manufacturing specifications.
Gold and Gems Firm Australia gives notice that, in accordance with industry standards, carat total weight in all purchases may vary by 0.05 carats from the stated weight.
6 Diamond Quality
6.1 Gold and Gems Firm Australia only sources diamonds through respected and legitimate suppliers who comply with Australia’s participation in the Kimberley Process Certification Scheme (‘Kimberley Process’) in relation to the import and export of rough diamonds. The objective of the Kimberley Process is to prevent the trade of conflict diamonds. Through measures such as the requirement for a Kimberley Process Certificate to accompany import shipments through Australian Customs, there are systems in place to ensure that importers comply with the regulations established under the Kimberley Process to prevent the trade of illegal diamonds. Gold and Gems Firm Australia requires that its suppliers warrant that the diamonds supplied to it are conflict free in accordance with the Kimberley Process.
6.2 When applicable, your diamond will be shipped to you with a diamond grading report (‘Diamond Certificate’). This certificate specifies the diamond’s unique characteristics, its carat weight, clarity, colour and cut. However, as diamond grading laboratories and the jewellery industry use diamond grading techniques and standards that are based on subjective methods of analysis, diamond grades may vary each time a diamond is submitted for re-examination at a different laboratory, depending on the grading standards of the laboratory and the accuracy and training of their gemmologists. The value of each diamond ultimately depends on its unique characteristics, some of which may not be included in a Diamond Certificate or in information provided by Gold and Gems Firm Australia.
6.3 Diamond pricing and diamond grading is not an exact science. Our objective is to provide our customers with the most reasonable prices possible based on our opinion of prices for similar diamonds in the market. While we believe that the information we provide will help you make a reasonable and well-informed decision about buying a diamond, we cannot guarantee the accuracy of the pricing or grading information we provide and you must make your own enquires and assessment of the price and product you are purchasing.
6.4 If in the unlikely event an item is found by our quality assurance checking process to have a manufacturing fault, it will be replaced free of charge if the item has not been:
(a) damaged due to mishandling or inappropriate use (knocks, dents, crushing, etc.);
(b) altered, resized or repaired by anyone not approved by Gold and Gems Firm Australia in writing
Proof of purchase must be provided within seven (7) days.
7 Ordering and Payment
7.1 We accept payment by PayPal, credit card and direct bank deposit. Please ensure that you provide us with your correct billing address and telephone number. Incorrect information may result in a delay in processing your order.
7.2 By placing an order with us, you represent and warrant that:
(a) the billing information supplied is true, correct and complete; and
(b) you will pay all costs and charges incurred by you at the amounts in effect at the time incurred, including all applicable taxes.
7.3 It is your responsibility to ensure that there are sufficient cleared funds available for payment of your order on the due date
(a) A non-refundable deposit must be paid for lay-by orders of 50% (negotiable) before we begin crafting the item. Title to and property of the goods will not pass to the Customer until the purchase price has been paid in full. The purchase price must be paid within three (3) months of the date of the order. Payment for lay-by is to be by Direct Bank Transfer only. Interest is not paid on lay-by orders.
7.4 We reserve the right to refuse service or to cancel a transaction at any time if we reasonably believe that an unauthorised transaction has been made, or if payment is not received within our payment terms. Deposits or partial payments will not be refunded. We will not accept any future orders from customers who have not complied with our payment terms. Gold and Gems Firm Australia will not be liable for losses resulting from transactions which are carried out by you or any other person:
(a) engaging in fraud;
(b) allowing unauthorised access to your account; or
(c) engaging in the misuse, loss or theft of your identity or account details
8 Product Availability and Pricing
8.1 Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell.
8.2 We try to maintain our prices as current as possible. However, due to currency fluctuations, variations in market prices or unforeseen changes such as variations in supplier prices, there may be instances when there is a price change on an item you have ordered. All prices are subject to verification at the time of order and should there be a price change on an item you have ordered, we will contact you to advise you of the change prior to shipping.
8.3 From time to time, data, including prices, may be inaccurately displayed on the Site due to system or typographical errors. While we make every attempt to avoid these errors, they may occur. We reserve the right to correct all and any errors when they do occur, and we not accept liability for inaccurate or erroneous prices. If an item is listed at a price that is lower than its actual price, we will, at our discretion, either contact you for instructions before shipping the item or cancel the order and notify you of such cancellation. If the order has been shipped, you agree to either return the item or pay the difference between the actual and charged prices.
8.4 If an item goes out of stock before we are able to post a notification on the Site, we will contact you directly to discuss possible options.
9 Advertising and Promotions
Gold and Gems Firm Australia may run advertisements and promotions from third parties on the Site from time to time. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Gold and Gems Firm Australia, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third parties. Gold and Gems Firm Australia is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site.
10 Third Party Content
Gold and Gems Firm Australia may provide links to web pages and content of third parties (‘Third Party Content’) as a service to those interested in this information. Gold and Gems Firm Australia does not monitor or have any control over any Third Party Content or third party sites. We do not endorse, sponsor or approve any such user generated or any content available on any linked website and do not warrant or represent the accuracy of any information contained in such sites. Your use of these links and Third Party Content is at your own risk.
11.1 Your order will be shipped to you fully insured. We urge all customers to inspect your package for damage or tampering before receiving or signing for receipt.
11.2 To help you plan when to expect your order, you’ll find an estimated arrival date listed in the order details for each item, or you will receive an estimated arrival date by email. The estimated arrival date is based on the approximate number of days required to process, package, and deliver your order. If you place your order before the cut-off time on a regular business day (Monday through Friday), your order will begin processing that day
11.3 If you place an order on a holiday, Saturday or Sunday, or after 5pm on a regular business day, your order will begin processing the following business day.
11.4 There may be times when the item you have ordered is out of stock which may delay fulfilling your order. We will keep you informed of any items that you have ordered that are out of stock and unavailable for immediate shipment. You may cancel your order upon notification of unavailability.
11.5 For a multiple product order, we will make every attempt to ship all products contained in the order at the same time. Products that are unavailable at the time of shipping will be shipped as they become available.
11.6 Processing and delivery times may vary from only a few days for items that we have in stock, up to 6 weeks for items not currently in stock or custom orders.
12.1 Gold and Gems Firm Australia has a 30-Day Return Policy and offers a full refund or exchange within 30 days of the date of shipment. If you are dissatisfied with your purchase, you can return it subject to the following conditions:
(a) The item is in its original condition. Those items showing signs of wear-and-tear, resizing or alterations (done by anyone other than a qualified person approved by Gold and Gems Firm Australia) or any form of damage, would not qualify for this return offer;
(b) Items which have been altered do not qualify for this return offer;
(c) All accompanying certification and guarantees must be returned with the item to qualify for this return offer in its original packaging.
(e)Any special order, or an order requiring modification will not qualify as a return
12.2 Please choose carefully. We do not normally accept returns or give refunds if you simply change your mind or make a wrong selection. As stated in Clause 16.3 of these Terms and Conditions, you have a statutory right to choose between a refund, exchange or credit where goods are faulty, wrongly described, different from a sample shown to you or do not do what they are supposed to do. We will try to accommodate you if you have a change of mind and may accept a return at our sole discretion and subject to the following conditions
(a) you have proof of purchase;
(b) the item is returned in its original packaging with all labels included and undamaged;
(c) you return the item within 30 days of purchasing it from us; and
(d) you bear all costs, such as shipping and insurance, related to the return of the item to us. We reserve the right at all times to refuse a return for a change of mind request and will not accept such returns if the above conditions are not satisfied.
12.3 To initiate the return procedure contact one of our consultants by email at firstname.lastname@example.org or by phone +61 405 261 275. Please have your order number for your purchase ready before contacting us.
12.4 Your item must be returned to Gold and Gems Firm Australia with all original packaging and certification. We recommend you insure the item, as you are responsible for it until it is delivered to Gold and Gems Firm Australia.
Note: Please, send your item fully insured. You should not write anything outside of your package that might hint to anyone that it contains jewellery, gems or diamonds.
12.5 Once we receive the item, we will examine the piece and if it satisfies all the rules applicable for this offer, your refund will be processed in a few days. All refunds will be processed the same way that payment was made.
You agree to indemnify and hold harmless Gold and Gems Firm Australia, its independent contractors, service providers, advisors and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable legal fees) arising out of or related to any content you post, store or otherwise transmit on or through our Site or your use of or inability to use our Site, including without limitation any actual or threatened suit, demand, or claim made against Gold and Gems Firm Australia and/or its independent contractors, service providers, advisors, employees, directors or consultants, arising out of or relating to such content, your conduct, your breach of these Terms and Conditions, or your breach of the rights of any third party.
These Terms and Conditions terminate automatically if, for any reason, we cease to operate the Site. We may otherwise terminate these Terms immediately, on notice to you, if you have breached these Terms in any way
15.1 Unless expressly provided to the contrary, this Site, its content or the information available on or through it is provided on an “as is” basis without warranties of any kind, either express or implied, including warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge that you use this Site at your own risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of this Site, and that Gold and Gems Firm Australia and its affiliates shall not be liable for any damages special, indirect or consequential of any kind related to your use of this Site. Warranties and return rights concerning such products are governed by terms provided elsewhere in this Site and by applicable law.
15.2 Gold and Gems Firm Australia strives to provide you with useful, accurate, and timely information and materials on this Site but assumes no responsibility for the accuracy and completeness of that information or those materials. Gold and Gems Firm Australia may change the content of any information or materials available on this Site, or to the products described in them, at any time without notice. However, Gold and Gems Firm Australia makes no commitment to update the information or materials on this website which, as a result, may be out of date. Information and opinions expressed in bulletin boards or other forums are not necessarily those of Gold and Gems Firm Australia. Neither Gold and Gems Firm Australia, nor its officers, directors, employees, agents, distributors, advisors or affiliates are responsible or liable for any loss damage (including, but not limited to, actual, consequential, or punitive), liability, claim, or other injury or cause related to or resulting from any information posted this Site. Gold and Gems Firm Australia reserves the right to revise these terms and/or legal restrictions at any time. You are responsible for reviewing this page from time to time to ensure compliance with the then-current terms and legal restrictions because they will be binding on you. Certain provisions of these terms and legal restrictions may be superseded by expressly designated legal notices or terms located on particular pages of this Site.
16.1 To the full extent permitted by law, we exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages.
16.2 To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms and Conditions
16.3 These Terms and Conditions are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option:
(a) in the case of goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods;
(iv) the payment of having the goods repaired, and
(b) in the case of services:
(i) the supply of the services again; or
(ii) the payment of the cost of having the services supplied again
16.4 Gold and Gems Firm Australia’s total aggregate liability for all claims relating to these Terms and Conditions and your use of the Site is limited to the price payable for any products purchased by you under these Terms and Conditions.
16.5 Either party’s liability for any claim relating to these Terms and Conditions will be reduced to the extent to which the other party contributed to the damage arising from the claim.
17 Governing Law
This Agreement is governed by the laws of the State of South Australia, Australia and, where applicable, the Commonwealth of Australia, and each party submits to the jurisdiction of the courts of the State of South Australia, Australia and, where applicable, the Commonwealth of Australia.
18 General Provisions
18.1 Nothing contained in these Terms and Conditions creates any relationship of partnership or agency between the parties.
18.2 If a provision of these Terms and Conditions is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
18.3 These Terms and Conditions constitute the entire agreement of the parties about its subject matter and supersedes all other representations, arrangements or agreements. Other than as expressly set out in these Terms and Conditions, no party has relied on any representation made by or on behalf of the other.
18.4 A party will not be responsible for a failure to comply with its obligations under these Terms and Conditions to the extent that failure is caused by a Force Majeure Event, provided that the party keeps the other closely informed in such circumstances and uses reasonable endeavours to rectify the situation.
19 Lifetime Warranty
We are committed to ensuring the quality of your purchase; we stand behind everything that we sell and warrant that all items will be free from any manufacturing defects at the time of delivery.
All of our jewellery is manufactured using the highest quality materials and is inspected prior to shipment. Our lifetime warranty offers free prong tightening, re-polishing, and cleaning services.
In the event that there is ever a problem with your jewellery or you are in need of other services that are not covered under our lifetime warranty, your jewellery can be couriered back to our office for evaluation*. Once inspected, should charges apply, you will be notified prior to any work being done to service your jewellery
Please Contact Us if you have any questions or would like to return your item(s) to take advantage of our free lifetime warranty or request additional repair work needed to service your Gold and Gems Firm Australia jewellery
*To send us your jewellery for evaluation, Gold and Gems Firm Australia customers are required to send their item fully insured. For customers located within Australia, we will ship your item back to you free of charge. International customers will be subject to shipping costs applicable to their order.
If you have questions regarding Gold and Gems Firm Australia’s Terms and Conditions, please Contact Us.