Terms and Conditions

These Terms and Conditions constitute a legally binding contract between the client ('you') and ABOVE GROUND JEWELLERY PTY LTD (ABN 22 674 949 056) trading as Above Ground Jewellery ('Above Ground Jewellery') and apply to the ordering, purchase, fulfilment and delivery of goods ('Goods') from Above Ground Jewellery.

By placing an order for Goods from Above Ground Jewellery you agree to these Terms and Conditions.

Please read the following Terms and Conditions carefully before placing your order.

SECTION 1: LEGAL RIGHTS

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms is intended to exclude, restrict, or modify your rights under the Australian Consumer Law.

SECTION 2: PRICES AND TAXES

Prices for Goods are displayed on our website and in our showroom.

Above Ground Jewellery reserves the right to change the prices of Goods at any time without notice to you.

All prices of Goods are quoted in Australian Dollars (AUD). GST is included in all prices where applicable.

SECTION 3: ORDERS

 

3.1 Placing an Order

Orders may be placed through our website, in-store, or by consultation appointment.

You acknowledge and agree that:

  • An Order submitted by you is an offer by you to purchase the Goods for the price as shown at the time of submission of your Order. Above Ground Jewellery may accept or reject your offer in its discretion;
  • You checked your Order carefully, as an Order may not be able to be cancelled once the Order has been accepted by Above Ground Jewellery;
  • Your order, if accepted by Above Ground Jewellery, will be a separate and binding agreement between you and Above Ground Jewellery with respect to the supply of the Goods, in accordance with these Terms and Conditions;
  • All the information you have entered is complete, true and accurate.

3.2 Offer and Acceptance of an Order

When you submit an Order you will receive confirmation to acknowledge we have received your Order. Please note that this does not mean your Order has been accepted, even if Payment has been made. Your Order constitutes an offer by you to buy the Goods at the price set out in the Order.

All Orders are subject to acceptance by us. We are not obliged to accept your Order and may, at our discretion, decline to accept your Order. You do, however, acknowledge that by completing the ordering process, that you enter into an obligation to pay for the Goods in the event your Order is accepted by us.

Online Orders: Client orders placed online are not accepted by Above Ground Jewellery until the time they have been processed and approved at our premises. Our acceptance is a binding agreement between you and Above Ground Jewellery with respect to the supply of the Goods, in accordance with these Terms and Conditions.

Consultation Process Orders: For orders placed through our consultation process, Above Ground Jewellery will send you a deposit invoice containing the final specifications, pricing, and delivery details for your Goods. Once the deposit invoice is paid, your Order is confirmed with the details as set out in the deposit invoice and becomes subject to these Terms of Sale. Client consultation orders are not accepted by Above Ground Jewellery until the deposit invoice has been paid in full. Our acceptance occurs upon receipt of deposit payment and constitutes a binding agreement between you and Above Ground Jewellery with respect to the supply of the Goods, in accordance with these Terms and Conditions.

In certain circumstances, Above Ground Jewellery may cancel your Order after Payment as set out in these Terms of Conditions. These circumstances include, but are not limited to the following:

  • If a product is out of stock or discontinued
  • If the price or product description was incorrect (in accordance with Section 2 "Prices and Taxes" of the Terms and Conditions);
  • If a website or technical error causes the price to change during the ordering process
  • If your Order is suspected fraud in accordance with Section 3.3 of these Terms and Conditions
  • If materials specified become unavailable or unsuitable for the intended design

In these circumstances, Above Ground Jewellery will contact you as soon as possible with possible options on how to proceed.

In the event that Above Ground Jewellery cancels your Order having already processed payment, we will refund the payment.

Above Ground Jewellery reserves the right to correct any and all errors when they do occur and apologises for any inconvenience that this may cause.

3.3 Payment of an Order

Payments of an Order are accepted by credit cards, paypal, bank transfer, and cash (in-store).

Above Ground Jewellery may not be able to, or may decline to, accept payment from you for any reason including, but not limited to:

  • If the name on the credit card/account does not match the name on the Order, or the Order and Payment are suspect;
  • Where our fraud detection systems detect possible irregularities;
  • Because your financial institution has declined payment or flagged a suspected breach;
  • Because your credit card has expired.

In these cases, Above Ground Jewellery may refuse to accept your Order or keep your Order on hold, and ask you to provide additional information (such as proof of identity documents).

Should we not hear back from you, or don't accept your proof of identity due to suspected fraud, Above Ground Jewellery reserves the right to cancel your Order.

3.4 Cancellation of Orders

Above Ground Jewellery reserves the right to cancel, at any time before delivery and for whatever reason, an Order that has been previously accepted. Above Ground Jewellery may do this for possible reasons such as those listed in Clauses 3.2 or 3.3, or for the reasons including but not limited to those listed below:

  • Goods were subject to an error on the Website or in quotations, in relation to technical errors, description, price or image errors, which was not discovered prior to the Order being accepted;
  • Above Ground Jewellery's suppliers are unable to supply Goods that they have previously promised to supply;
  • An event beyond Above Ground Jewellery's control, such as storm, fire, flood, earthquake, terrorism, power failure, failure of computer systems, etc means that Above Ground Jewellery is unable to supply the Goods within a reasonable time;

You may ask Above Ground Jewellery to cancel your Order only:

  • if Above Ground Jewellery has breached a material term of this Agreement;
  • Prior to acceptance by Above Ground Jewellery;

Where Above Ground Jewellery cancels your Order, we will send you notification (written or automatically sent), notifying you of the cancellation.

In the event of an Order cancellation, where Payment has been processed, Above Ground Jewellery will refund any money paid in respect of that Order.

Above Ground Jewellery is not liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of cancellation of your Order.

SECTION 4: DESIGN PROCESS AND APPROVAL

4.1 Design Drafts

For all made to order items, we will create design drafts for your review. These may include sketches, computer-aided designs (CAD), or other visual representations of the proposed piece.

4.2 Design Approval

You will have the opportunity to request reasonable revisions to the design drafts. Once you provide written approval of the final design via email or signed documentation, the design is considered "approved." Additional charges may apply depending on the revisions requested.

4.3 Post-Approval Changes

IMPORTANT: After you have approved the final design, changes cannot be made to the design except at the sole discretion of Above Ground Jewellery. If we agree to make changes after approval:

  • Additional charges may apply

  • Production timelines may be extended

  • Previous quotes may no longer be valid

SECTION 5: AVAILABILITY AND DELIVERY OF GOODS

5.1 Availability

Almost all of Above Ground Jewellery's items are made to order, with particular focus on bespoke engagement and wedding rings. Jewellery can take anywhere from 4-8 weeks (subject to change during peak periods and depending on complexity) depending on the item. Above Ground Jewellery endeavours to deliver goods in a timely manner, but sometimes delays can occur. We cannot guarantee availability of stock items at all times, nor delivery times on our products.

For the most accurate information and timing on a piece of jewellery, please contact us directly.

You acknowledge and agree that:

  • Delivery times may vary from product to product;
  • Any delivery times advised are given as a guidance only, and some further delays may occur;
  • Delays may occur during busy seasons (particularly October to February);
  • Custom and bespoke pieces may require additional time for design approval and material sourcing;
  • Above Ground Jewellery will not be liable to you or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in delivery of the Goods to you or delay in the availability of Goods for pick up in store.

5.2 Delivery

The risk and title of the Goods is passed to you on the date and time of delivery of the Goods to the delivery address you provided in your Order. Please note, this does not include requiring a signature on delivery from you.

Following the dispatch of your Goods, Above Ground Jewellery will contact you with confirmation of dispatch with a tracking number where you can track the location of your Goods.

On delivery you may be required to sign for proof of delivery. If you are not available, your parcel may be taken to your nearest Post Office, Depot or Other Postal Hub for collection.

If your parcel is returned to us due to an incorrect address supplied by you or you are not available or have not collected your package from the advised pick up location within a reasonable timeframe, we will attempt to re-deliver to you at a later date. We may charge you a reasonable fee for doing this. We will contact you first before doing this for your approval of this charge.

5.3 Pick up of Goods in store

You may elect to conveniently pick up your Goods at the Above Ground Jewellery showroom if you wish. This option can be chosen when you place your order. There is no charge for this service.

You acknowledge and agree that:

  • Only the relevant person who ordered the goods may pick up the Goods in-store, unless otherwise agreed between you and Above Ground Jewellery. Above Ground Jewellery may request you to provide photo identification upon pick up to verify you are the purchaser. If requested, you must allow Above Ground Jewellery to take a copy of the provided identification for fraud prevention purposes. The copy of identification will not be used for any other purpose.
  • You may pick up the Goods once the Order has been accepted by us and a notification has been sent to you advising the Goods are ready for collection.
  • Above Ground Jewellery have the right to refuse collection of Goods if you cannot or will not satisfy the requirements set out above.

SECTION 6: REFUNDS OF YOUR MONEY

Where Above Ground Jewellery is obliged to refund your payment in accordance with these Terms and Conditions, you acknowledge and agree that:

  • Above Ground Jewellery will endeavour to process your refund within 5 business days during business hours unless otherwise specified;
  • Above Ground Jewellery may process the refund in part payments according to merchant bank processes;
  • The time that it takes for you to actually receive your refund will depend on how quickly your financial institution processes the refund.

SECTION 7: OVERDUE PAYMENT

In the event that the client has not responded to our request for final payment, within 28 days of completion, we, Above Ground Jewellery, reserve the right to sell or repurpose the item as payment for the product or service provided. This will only be done as a last resort. We will give the client every opportunity to make payment and collect the item before holding it as payment.

SECTION 8: UNCOLLECTED GOODS

Clients with goods that have not been collected within 28 days of notice of completion will be notified a final time to collect their goods. If no response is received after 90 days Above Ground Jewellery reserves the right to dispose of the goods.

SECTION 9: RETURN OF GOODS AND WARRANTY CLAIMS

You should check your Goods as soon as they are delivered in order to ensure they have not been damaged in transit. If you notice any damage from transit, please contact Above Ground Jewellery immediately.

Returns Policy: Due to the bespoke and custom nature of our jewellery, Above Ground Jewellery does not accept returns unless the item is deemed faulty or damaged from manufacturing defects. This policy does not affect your rights under Australian Consumer Law.

If there is a problem with the Goods you received that may constitute a manufacturing defect, please refer to our Lifetime Manufacturing Warranty which forms part of these Terms and Conditions.

9.1 Manufacturing Defects and Warranty Claims

For items suspected to have manufacturing defects or damage:

  • Contact our team via our contact form to discuss the issue and initiate the warranty assessment process;
  • We will assist you in returning your jewellery either in person at our Melbourne showroom or by post;
  • If returning by mail, please ensure:
    • The item is securely packaged in the original box
    • Include your invoice and any stone certificates
  • A shipping deposit of $40 AUD (within Australia) or $200 AUD (international) is required
  • We will conduct a complimentary assessment of the piece;
  • If a manufacturing defect is confirmed, Above Ground Jewellery will first look to assess, replace, or repair your item at no charge, and your shipping deposit will be refunded;
  • If no manufacturing defect is found, we will provide a repair quote if applicable. If declined, your shipping deposit covers return postage.

Above Ground Jewellery will contact you once we have received your return.

In returning your package you acknowledge that Above Ground Jewellery is not responsible for items lost or damaged while shipping.

SECTION 10: INTELLECTUAL PROPERTY RIGHTS AND DESIGN USAGE

Above Ground Jewellery's policy on intellectual property rights, design usage and design ownership is set out in its Intellectual Property Rights and Design Usage Policy which forms part of these Terms and Conditions.

SECTION 11: PRIVACY

Above Ground Jewellery's policy on the collection, use and disclosure of clients' personal information is set out in its Privacy Policy which forms part of these Terms and Conditions.

SECTION 12: GENERAL

Your engagement with Above Ground Jewellery is governed by these Terms and Conditions.

Above Ground Jewellery reserves the right to amend these Terms and Conditions at any time, with no notice to you. Any amendment will take effect from the time that it appears on our communications or website.

These Terms and Conditions are governed by the law of Victoria, Australia.