Terms & Conditions

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DISCLAIMER

Unless specifically noted, this website and its content are provided on an “as is” basis without warranties of any kind, either expressed 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 and that GAIA Gems and Jewellery shall not be liable for any damages special, indirect or consequential of any kind related to your use of this site. If you do not agree with these Terms and Conditions, please do not use the Site.

COPYRIGHT AND TRADEMARK

All contents are protected by Australian and international copyright laws. All software and other technology components of this Website are protected by Australian and international copyright. This site may also cite trade names and trademarks of other companies that are the property of their respective owners.

SITE USE

This site and its contents are provided solely for personal, non-commercial use and for no other purpose. Any downloading or copying of the materials herein is permitted for such personal, non-commercial use only. No right, title or interest in such materials is transferred to you upon such copying or downloading, and such materials may not be transferred, linked, reproduced, retransmitted or otherwise distributed or displayed, in whole or in part.

Any comment, feedback, idea or suggestion (called “Comments”) which you provide to us through this site becomes our property. If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.

If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.

PRODUCT IMAGES

Images in the site are provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour. The colour of gemstones and jewellery can be altered depending on the source of light, the exposure of the camera and type of each computer’s screen. We try to provide the most accurate possible picture possible. Unless otherwise stated each gem photograph is of the actual item you will receive.

PAYMENT TERMS

a) Unless otherwise agreed, GAIA Gems and Jewellery’s terms of payment require payment to be made prior to delivery of the goods and immediately upon the rendering of a tax invoice for the goods to the Customer. GAIA Gems and Jewellery trades in Australian Dollars. Details of GAIA Gems and Jewellery’s payment options are set out below:

Bank transfer to the nominated account
Visa credit/debit card
Mastercard credit/debit card
Paypal
International customers (outside Australia, Singapore and New Zealand) must pay their goods in full before they are ordered and shipped.

b) All payments shall be made free of any deductions, withholding or set-off unless otherwise agreed in writing with GAIA Gems and Jewellery.
c) If the Customer does not make payment as required, GAIA Gems and Jewellery may in its absolute discretion require the Customer to pay by way of liquidated damages for breach of contract a default charge in relation to the unpaid amount calculated by applying an interest rate of 1.5 % per month calculated on the unpaid amount on a daily basis from the date the unpaid amount became due until the date that it is paid in full.
d) If the Customer fails to pay for any goods or services supplied by GAIA Gems and Jewellery when due, then by notice to the Customer GAIA Gems and Jewellery may declare any amounts actually or contingently owing by the Customer to GAIA Gems and Jewellery to be immediately due and payable.
e) Credit facilities may be suspended or withdrawn at the discretion of GAIA Gems and Jewellery at any time.

CANCELLATIONS AND VARIATIONS

a) The Customer may not cancel or vary an order unless GAIA Gems and Jewellery in its absolute discretion consents in writing to the cancellation or variation.
b) GAIA Gems and Jewellery may charge the Customer for any reasonable costs incurred in preparation of any order that has been varied or cancelled.
c) GAIA Gems and Jewellery reserves the right to immediately cancel any contract for the supply of goods or suspend any such supply without incurring any liability to the Customer when an Insolvency Event has occurred.

DIAMOND/VALUABLE STONE FEED POLICY

Prices and diamond/valuable stone availability will vary often as they are subject to worldwide demand. Customers need to be aware that their selection may not be available from the time they begin using our website to the end. Any diamond/valuable stone purchased by a Customer online will be carefully inspected within 48 hours to ensure suitability and availability. If GAIA Gems and Jewellery deems that a particular a diamond or valuable stone is unsuitable for any reason based on its expertise, the Customer will be notified of this fact via email or telephone.

SHIPPING POLICY

The shipping policy with respect to orders placed by customers is as follows:

(i) Free shipping on orders with a combined total value exceeding $500 to customers in Australia, Singapore and New Zealand. Goods with a combined value less than $500 will be charged at a flat rate of $15.

(ii) Each order shipped by GAIA Gems and Jewellery will include:

(a) The item or items ordered;

(b) Where applicable, a Diamond or Gemstone Certificate;

(d) Appropriate GAIA eco-friendly packaging.

(iii) Orders placed:

(a) Between 9:30 am – 4:30 pm on Monday – Friday will be processed within 48 hours and

(b) Orders placed outside of these hours or on Saturdays, Sundays and Public Holidays will be processed within 72 hours.

(iv) Use of a nominated logistic company for shipping to Singapore, New Zealand and for all other international destinations.

(v) GAIA will not ship to post office boxes. GAIA only ships to a customer’s home or work address where there is a person available to collect and sign for an order. If you are not available to accept delivery of your shipment, your courier may leave you a delivery attempt notice with information on when the next delivery attempt will be made.

RETURNS POLICY

We endeavour to deliver quality gemstones and jewellery however we understand that occasionally the goods may not meet your expectations. If you wish to return or exchange an item, please familiarise yourself with our Return Policy.

Customers will be responsible for immediate examination of the goods upon arrival at their destination and will be taken to have accepted any goods received by them as being in accordance with its order unless it notifies GAIA Gems and Jewellery in writing within 15 days from the date received the item from the logistic company.

(i) We undertake to fully reimburse you for any product delivered to you that is faulty or is in a damaged condition. In the event that you receive your purchase damaged or faulty, please notify us immediately to info@gaiagemsjewellery.com.au. GAIA only accepts return of items when prior written authorization has been given to the Customer.

(ii) All goods should be returned undamaged in the same condition as they were sent in and should be sent with their original packing along with any free gifts that were included. Any goods not returned in their original condition will be returned to the sender at their cost. Any packing and postage charges for return of undamaged goods for exchange are entirely at your cost and risk.

(iii) The buyers shall pay for duty and other expenses that may be necessary to return the goods.

(iv) All returned goods will be inspected by a representative of GAIA Gems and Jewellery prior to accepting any obligation for refund or exchange. GAIA will assess the condition of the returned item and only unworn items in their original condition and packaging will be eligible for refund or exchange.

(v) If the Customer is advised to return any goods to GAIA Gems and Jewellery, they should ship the item by registered mail to GAIA location in Perth, Western Australia or to an alternative location defined by GAIA.

(vi) Loss, damage or theft of return shipments are the sole responsibility of the Customer and GAIA Gems and Jewellery shall have no liability for any loss or damage that the Customer may suffer during return shipping.

GAIA Gems and Jewellery may, in its discretion, refuse to accept a return of the Goods that:

Are merely the subject of general wear and tear damage or
Have been altered, engraved, resized or modified or
Are the subject of a claim that is more than 15 days from the date of purchase or repair of the Goods.

REFUND POLICY

The customer must communicate in writing their intent for refund before returning the good as return process takes up to 5 business days to process as a refund claim. The Customer will be notified of the outcome once the return has been assessed.

If the refund claim deems to be accepted by GAIA the customer must notify GAIA in writing their bank details or whether their preference is for another product. If the latter is chosen, GAIA can issue an exchange or credit note to the customer and this will be valid for 90 days from the issue date.

Any refund will cover only the price of the item as per the invoice, excluding shipping/handling and insurance costs.

The following conditions are exclusions for refund:

Custom made/modified goods/goods which have being resized more than two sizes from the goods original size.
Shipping costs and insurance associated with the return or exchange of items are non- refundable and are the shipper’s responsibility.
Sale or items with discounts.
Custom made items, including products that have been engraved, resized or modified from their original design in any way. Cancellations on custom made items and overseas orders will incur a cancellation fee to cover any reasonable costs incurred by GAIA Gems and Jewellery relating to the cancellation of the order.

REPAIRS POLICY

Repairs for manufacturing faults are free of charge to the Customer. This guarantee does not cover general wear and tear or physical damage to the item, loss of stones or theft.

If any damage is the result of general wear and tear (this includes damage such as dents on claws and band, scratches), the Customer will be charged a repair fee. Customers will always be notified of the assessment outcome before a repair is undertaken.

After authorization is given the Customer must:

Provide to GAIA Gems and Jewellery a written statement setting out the reasons for return of the goods;
Give GAIA Gems and Jewellery details of the original invoice number and the date of delivery of the goods; and
Provide to GAIA Gems and Jewellery a copy of the receipt or delivery docket relating to the goods.

GAIA Gems and Jewellery will not be held accountable for any items repaired or altered by another jeweller. Any repairs or alterations made without the agreement of GAIA Gems and Jewellery will void any return/refund or exchange.

MONEY BACK GUARANTEE POLICY (MBG)

MBG is applicable to diamonds and valuable gemstones. Valuable Gemstones are defined here as the non-diamond stones which individual retail value exceeds AUD 4,000. This include pairs and pearl beads when they are sorted and graded with similar colour, clarity, cut and carat classification. The following money back guarantee (“MBG”) exchange and refund policies and procedures shall apply to:

Diamonds and valuable gemstones as standalone products or set in jewellery can be returned for refund within 15 days of purchase or can be exchanged or processed for refund if the order fits the 15 day MBG arrangements herein described.

GAIA Gems and Jewellery will not accept any returns of loose or set diamonds without the ORIGINAL GIA certificate provided (as GIA no longer makes replacement certificates).

Any order over AUD $15,000 excluding GST will not be applicable for a MBG.

The MBG is valid for 15 days from the date the order is shipped. Diamonds received outside of this 15 day period will not be accepted

The Customer has 15 days from the date that the order is shipped until the 15th day to return their order – the order can arrive outside of the 15 days if the return shipment has been postmarked with a date inside of the 15 MBG period.

The 15 day MBG policy is valid for Australia, Singapore and New Zealand Customers only.

No MBG is offered to international Customers.

Sale or discounted items will not be valid for the MBG.

MBG exclusions:

When the Customer has purchased a diamond for a ring/pendant/earring or other piece of jewellery valued under AUD $15,000 (ex GST) and likes the diamond but has decided not to proceed with the purchase because they do not like the design of the item after GAIA Gems and Jewellery has changed the setting at the Customer’s request;
When a Customer decides to proceed with a diamond/valuable gemstone purchase after they have been advised by GAIA Gems and Jewellery not to;
If the goods have been damaged or has been worn;
If the diamond/valuable gemstone is not returned to GAIA Gems and Jewellery in its original packing;
If a third party has repaired or resized the diamond/valuable stone; and
If the Customer has not paid the full value of the diamond and/or jewellery.

RESIZING POLICY

Customers are entitled to one complimentary resize of their diamond ring within 1 year from the date of purchase.

Customers have the option of claiming a free resize by sending their item via insured courier (at their cost). GAIA Gems and Jewellery must be notified in writing that a resizing has been requested to info@gaiagemsjewellery.com.au .

Resizing takes a standard three weeks for completion.

GAIA Gems and Jewellery cannot resize pave style rings or eternity rings.

GAIA Gems and Jewellery is unable to resize more than two sizes up or down.

CHOICE OF LAW

If any disputes arise between us regarding your use of this website, such disputes shall be resolved according to the laws of Australia.