Terms of service
Definition and Interpretation
1.1 Design Specification means the detailed specifications for the manufacture, remodelling, or repair of jewellery, and may include an image of the design, as well as details for the stones and metals to be used.
1.2 Jewellery refers to any jewellery, goods, or services, such as design, manufacture, or repair services, that we agree to provide to you, as described in these Terms, the Design Specifications, Design Concepts, and/or Quote.
1.3 Custom Creation means any Jewellery custom-designed specifically for you and is not part of any Collection or Modified Collection as defined below.
1.4 Collection refers to a set of Jewellery designs, incorporating various artistic and aesthetic elements, owned exclusively by FINE ESSENCE. These pieces are readily available for purchase without modification, customisation, or bespoke creation.
1.5 Modified Collection refers to Jewellery that is part of a Collection but has been modified or customised at your request.
1.6 Price means the amount payable by you to us as stated in any Quote.
1.7 Terms refers to these terms and conditions, including any Quote.
1.8 Quote means the estimate provided by us to you, outlining the Jewellery and the associated Price.
1.9 "us", "we", "our" refers to FINE ESSENCE PTY LTD and includes our employees, agents, and contractors, where applicable.
1.10 "you", "your" refers to you, our customer.
1.11 All prices are in AUSTRALIAN dollars unless stated otherwise.
1.12 The singular includes the plural and vice versa. The term "include" shall not be interpreted as limiting the text it refers to.
General
2.1 These Terms set the basis on which we will provide the Jewellery to you. We will not be bound by any additional terms or variations unless recorded in writing and signed by both parties.
2.2 By accepting a Quote, making any payment to us, or otherwise authorising us to proceed with the Jewellery, you are deemed to have accepted these terms.
Design Process
3.1 During the initial consultation, we will inform you of the available options regarding stones, metals, and designs. There is no charge for this consultation.
3.2 If you wish for us to create a Custom Creation that is not part of FINE ESSENCE or any other standard design, a design deposit fee of $350 is required before proceeding with the Design Concepts. We will notify you if this deposit is required.
a) The design deposit must be paid within 7 days before we start designing your Jewellery.
b) The design deposit is not an additional charge; it will be deducted from your final invoice as outlined in clause 5.3.
c) The deposit is refundable if you decide not to proceed with your order.
3.3 Once you approve the Design Specifications or Design Concepts, we will provide a Quote so you can confirm the cost. Quotes are valid for 7 days.
3.4 A Quote can be accepted by paying the price, as per clause 4.1. Upon payment, we will purchase your selected stones, which are non-returnable and non-exchangeable.
3.5 We will then manufacture your jewellery to our high standards of craftsmanship. You will have the opportunity to inspect the completed Jewellery before providing final approval.
3.6 If the Quote (per clause 3.4) or Design Deposit (per clause 3.2) is not paid within 7 days, we are entitled to terminate the agreement and retain any amounts paid prior to termination.
3.7 We cannot accept returns for Jewellery once it is no longer required, except under the conditions stated in clauses 10.7 and/or 10.8.
Price
4.1 Upon accepting any Quote, you agree to pay the price specified in that Quote, in the manner set out in clause 5, and otherwise in accordance with these terms.
4.2 If you make changes to your Design Specifications, the price stated in that Quote may change. You agree to pay any additional amounts within your final invoice, as outlined in clause 5.1(c).
4.3 If we provide a refund and you paid by credit card, your refund will exclude any credit card and processing fees you previously paid.
Payment
5.1 You agree to make payments as follows:
a) Design Deposit: If you're creating a Custom Creation (per clause 3.2), this deposit is required within 7 days for us to start designing your piece.
b) 30% Deposit: After accepting your Quote (per clause 4), a 30% deposit of the quoted amount is due within 7 days.
c) Final Invoice: When we notify you that your Jewellery is ready for collection, the remaining balance must be paid before you can collect or have it delivered.
5.2 If you choose to use third-party financing from an approved financier, you are bound by the financier's terms and conditions, which will be provided to you in advance.
a) When using financing, there is an admin and processing fee of $200, set by the financier, which we will inform you of prior to proceeding.
5.3 All payments must be made without set-off, deduction, or counterclaim, and are subject to Goods and Services Tax (GST), unless you are purchasing duty-free (per clause 7).
5.4 If the final invoice is not paid within 90 days of us notifying you that your Jewellery is ready for collection, we are entitled to charge a holding fee of $100 per month for each month we hold your completed Jewellery. You will be responsible for any collection costs, including legal fees, in recovering amounts owed. After 180 days, if payment is still not made, you forfeit your deposit, and it cannot be claimed back.
Delivery
6.1 We will make every effort to supply your Jewellery by the estimated delivery date. However, due to the nature of custom-made fine jewellery, we cannot guarantee a specific delivery date. If you require the Jewellery for a particular date, please inform us during the consultation. If we foresee any delays, we will notify you as soon as possible.
6.2 Completed Jewellery can be collected from our studio or delivered to the address you specify. All deliveries are made via a signature-required courier service. You are responsible for ensuring the correct delivery address is provided and that someone is available to sign for the delivery.
6.3 For overseas deliveries, a delivery charge may apply, which must be paid in advance. You accept responsibility for any import taxes, duties, or levies that may apply.
6.4 Jewellery will be considered delivered when:
a) you collect it from our Studio; or
b) when the courier obtains a signature, purported to be yours, upon delivery.
Ownership/Risk
7.1 All Jewellery (except items you provide) remains our property until full payment is made in accordance with these Terms.
7.2 Jewellery is at our risk until delivery occurs. We strongly recommend you insure your Jewellery prior to delivery.
Lifetime Manufacturing Warranty
8.1 All Jewellery we create for you comes with a lifetime manufacturing warranty. If you suspect a manufacturing defect, contact us, and we will provide instructions to send your Jewellery for inspection.
a) Upon receiving the Jewellery, we will inspect it to determine if there is a manufacturing defect.
b) If a defect is confirmed, we will offer to: Repair it, Exchange it, or Provide a refund, depending on the damage and material availability.
c) If no defect is found, we will provide an estimate for the cost of repair and advise accordingly.
d) Please note that small scratches or blemishes may be unavoidable due to the nature of fine jewellery and are not considered defects.
8.2 Any repair or service by a jeweller other than us will void the lifetime warranty.
8.3 The warranty excludes wear and tear, loss, gemstone loss, or theft. We are not responsible for the following:
a) General wear and tear,
b) Scratches, dents, or marks on metal surfaces,
c) Wearing off of plating,
d) Damage caused by you or others,
e) Discolouration due to chemicals, makeup, or immersion in water,
f) Damage from everyday wear, or loose prongs leading to gemstone loss,
g) Loss or theft of gemstones,
h) Loss or theft of the jewellery.
8.4 The warranty does not cover damage or loss due to failure to get necessary repairs to preserve the jewellery’s integrity (per clause 10.4).
8.5 Metal naturally "relaxes" after stone setting, which can lead to loose stones, especially smaller or tightly-set stones. This is not a defect in craftsmanship.
8.6 If a gemstone weighing 0.10 carats or less falls out within 6 months, we may replace and reset it free of charge, provided the Jewellery is returned to us. Otherwise, we will provide a quote for replacement.
8.7 For heirloom jewellery or stones not sourced by us, while we take care, we are not liable for any loss or damage to such items during repairs or incorporation into our Jewellery.
9. Customer Care, Resizing, and Returns
9.1 All Jewellery is crafted to high standards and undergoes a quality control check before you inspect it.
9.2 Acceptance of Jewellery occurs once you inspect and take possession or, if delivered, once you confirm receipt, unless you notify us of any issues within
9.3 We offer one complimentary ring resizing within 90 days of you accepting your Jewellery. All resizes are conditional on the following:
a) Steps must be taken by you to ensure you had and provided us with the correct ring size before designing your Jewellery.
b) The proposed resize is no greater than two ring sizes up or down from the original size.
c) The resizing service is available only once and does not apply to Custom Creations or Modified Collections.
d) Any resizing requests beyond the initial complimentary service may incur an additional fee, which will be quoted to you in advance.
9.4 Returns:
a) Due to the nature of custom-made Jewellery, we do not accept returns or exchanges unless the Jewellery is defective or there is a fault in manufacturing as per the Lifetime Manufacturing Warranty (clause 9).
b) If the Jewellery you received is damaged or does not meet the specifications of the design, we will work with you to resolve the issue, either by repair, replacement, or a refund depending on the circumstances.
9.5 Refunds:
a) If we agree to provide a refund under the circumstances outlined in these Terms, it will be issued to you in the same manner in which the original payment was made.
b) For refunds relating to manufacturing defects, we reserve the right to assess the Jewellery before issuing a refund.
Limitation of Liability
10.1 Except as expressly stated in these Terms, our liability for any loss or damage arising out of or in connection with the purchase, use, or performance of the Jewellery shall be limited to the value of the Jewellery or service provided.
10.2 In no event shall we be liable for any indirect, special, consequential, or incidental damages, including but not limited to loss of profits, loss of opportunity, or damage to reputation, arising from any use or non-use of the Jewellery.
Intellectual Property
11.1 All intellectual property, including but not limited to designs, logos, trademarks, and images associated with FINE ESSENCE, are the property of FINE ESSENCE PTY LTD and are protected by copyright and other intellectual property laws.
11.2 You may not use, reproduce, or distribute any of our intellectual property without our prior written consent.
Privacy and Data Protection
12.1 We are committed to protecting your privacy and handling your personal data in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.
12.2 By using our services, you consent to the collection, storage, and use of your personal information for the purposes of providing the Jewellery and services outlined in these Terms. For more information on how we collect and use your data, please refer to our Privacy Policy.
Governing Law and Jurisdiction
13.1 These Terms shall be governed by and construed in accordance with the laws of the State of Victoria, Australia.
13.2 Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Victoria, Australia.
Severability
14.1 If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
Entire Agreement
15.1 These Terms, together with any Quote or other documents incorporated herein by reference, constitute the entire agreement between us and you with respect to the subject matter hereof and supersede all prior agreements or understandings, whether written or oral, relating to such subject matter.