Terms & Conditions
Please read the following information carefully before using the site.
In these Terms and Conditions (the Terms), we, us, our and Elementé means Elementé Ltd (ABN 82 636 969 214). We operate the website https://elemente.shop.com
These Terms govern your use of our Website and, if we accept your order for the purchase of a product, the Terms will also apply to the sale of that product. You should read these terms and our Refund Policy carefully before placing any order on our Website.
We may update these Terms from time to time, and all changes to the Terms will be posted on our Website. If any new terms that we offer our products and services under are materially different to these Terms, we will use our reasonable efforts to notify you of the changes to the Terms.
1. Offers to purchase and Orders
- All orders on our Website are subject to our acceptance of your order and availability of products. Products in your shopping cart are not reserved and may be purchased by other customers – if a product becomes unavailable after an order is accepted, we will terminate the order and provide you with a refund.
- Once you have decided on a product and have placed an order to purchase a product via this Website, you are making an offer to purchase the products from us. Your order will be accepted once we have issued an email acknowledgement confirming your order and once payment has been approved via our payments provider. The contract between you and us will relate only to those goods and/or services notified in the email acknowledgement of order.
- We may not accept your order if we are unable to obtain authorisation for payment or the item is out of stock or has been withdrawn.
2. PAYMENT
- You must only use your own credit or debit card or a credit or debit card that you have been authorised to use specifically for the purchase of the relevant product. All credit and debit cards are subject to authorisation and validation checks by the card issuer.
- The purchase price of products saved in your Wishlist or shopping cart may change on a daily basis due to currency fluctuations. You should carefully review the prices in the shopping cart prior to completing and submitting your order. You agree to pay the purchase price specified on the Website at the time that you place your order for the purchase of a product. You also agree to pay any applicable shipping charges for the shipping option selected by you – the shipping costs will be displayed at the time of check out.
- All amounts on the Website are stated in Australian dollars. All purchase prices listed are inclusive of GST. Where GST applies to your order, the GST is payable by you.
- Where you have a discount code, it must be used before the date specified on the communication providing you with the discount code. We are not responsible for any expired discount codes that you have not used prior to their expiry date.
3. Cancellation of orders
- you may be able to cancel your order within a short period after ordering (depending on whether you have placed an order for a stocked product or a customised product and the delivery timings for the product noted on our Website). Please contact us if you wish to cancel your order, and we will let you know if it is possible to do so.
- Please note that customised products and loose diamonds may only able to be cancelled within 48 hours of placing an order, and due to the nature of the product, may not be able to be cancelled at all.
- We may cancel an order that we have already accepted, if we suspect that you are acting fraudulently or if you are in breach of any of these Terms.
4. Delivery
- We endeavour to display delivery times next to all products on our Website and to confirm an estimated delivery date when we accept your order. Some products may take longer to deliver, such as customised items, however, we will keep you updated on when you can expect to receive your product.
- We will deliver the product to the place of delivery you specify when you place your order. You may be able to change the place of delivery where we have not yet shipped your order. Please contact us as soon as possible if you wish to update your delivery address.
- We require a signature for any products delivered, at which point the title to and risk in the product will pass to you. If you send a product as a gift or have specified a recipient who is not you, then title and risk passes upon delivery of the product to the place of delivery you have specified when you placed your order.
5. Returns
- For custom made products and loose diamonds, please choose carefully as we do not accept cancellations of or changes to orders or accept returns of products once an order is submitted to us if you simply change your mind. This does not affect your statutory rights or remedies to have products repaired or replaced, or obtain a refund, if there are problems with the products.
- You are responsible for the costs of returning products, and must return the products to us using an insured courier service that provides tracking. Our preferred provider of courier services is Toll.
6. Gift Vouchers
- Gift vouchers purchased for our Website must be used in accordance with the terms and conditions associated with each voucher, including the expiry date and may not be used in any manner that is fraudulent or otherwise unlawful.
- Gift vouchers are redeemable as full or part payment for products on our Website. The gift voucher balance will be reduced by the amount of each purchase and may not be topped up. If a purchase exceeds the available balance of a gift voucher, the difference must be paid with another payment method accepted on our Website. You can check the balance of your gift voucher by contacting us on contact@elementé.com.au.
- Gift vouchers cannot be returned, resold, transferred for value, redeemed for cash or applied to any other account, except to the extent required by law.
- We are not responsible if a gift voucher is lost, stolen, destroyed or used without your permission, so please take care of them and make sure you enter a correct email address if you are mailing a gift voucher. Please note that we cannot trace or refund gift vouchers.
7. License to use the content on the Website
- The Website and all related content is subject to copyright and other intellectual property rights. You acknowledge that the trademarks and logos displayed on the Website are the property of Elementé and you must not use any of the marks without our prior written permission.
- We grant you a limited, non-transferable licence to access and use the Website solely for your personal and non-commercial use in accordance with these Terms and any applicable laws.
- We (or our licensors) retain all right, title, and interest in and to the Website and all related content, and nothing you do on or in relation to the Website or any of the related content will transfer any intellectual property rights to you or, except for the licence referred to in paragraph (b), grant you any licence to exercise any Intellectual Property Rights unless this is expressly stated.
- You must not reprint or electronically reproduce this Website or any related content in whole or in part, without our prior written permission.
- Subject to applicable law, we may revoke the permission referred to in paragraphs (b) and (d) at any time and may suspend or deny, in our sole discretion, your access to all or any portion of the Website without notice.
8. General use of our website
- In using the Website, you must not:
- provide us with inaccurate or incomplete information;
- violate any applicable laws, or use the Website for any purpose that is unlawful or prohibited by these terms and conditions;
- impersonate any person or use a false email address;
- distribute viruses, Trojans or spyware, corrupt files, carry out denial of service attacks or use any other similar software or programs that may interrupt the functionality of our Website or damage the operation of any computer hardware or software;
- use any software or technologies to scrape information from our Website or collect or store personal information about any users of our Website; or
- engage in any other conduct that inhibits any other person from using or enjoying the Website.
- If you do not comply with the above restrictions, we may terminate your account and we may also report any unlawful behaviour to law enforcement. You also agree to indemnify us, our affiliates and our respective directors, officers, employees and agents against any losses, liabilities, claims and expenses (including legal fees) that arise out of or as a result of your unauthorised use or misuse of our Website.
- You must keep your account username and password for the Website safe, and must not share any user name and password with any other person. You are solely responsible for all purchases or products through our Website that occur under your account. We will assume that any use of the Website made using your user name and password is you, and you will be responsible for any such use, except where you have notified us under paragraph (c) below.
- You must immediately notify us if you become aware of any improper use or disclosure of your user name and password, in which case we will cancel your user name and password and we may provide a new user name and password to you.
9. Links to third party websites
- Sometimes our Website may contain links to other websites and/or advertisements which contain embedded links such as links to our diamond certifiers, couriers or other sites. When you access a website other than our Website, we are not responsible for the privacy or other practices of that website.
- We are not responsible for the content or accuracy of any linked websites and we do not endorse the content of any linked website or the subject matter of the advertisement. You should review the terms of use and privacy policies of each website you visit, as you do so at your own risk.
10. Warranties and Liabilities
- All express or implied warranties, representations, statements, terms and conditions relating to these Terms or a product that are not contained in these Terms, are excluded to the maximum extent permitted by applicable law. Nothing in these Terms and conditions excludes, restricts or modifies any guarantee, term, condition, warranty, right or remedy implied or imposed by any statute or regulation which cannot lawfully be excluded or limited, (including under the Australian Consumer Law).
- If any guarantee term, condition or warranty is implied or imposed in relation into this agreement (a Non-Excludable Provision) and we are able to limit your remedy for a breach of such a Non-Excludable Provision, then our liability for breach of the Non-Excludable Provision is limited to one or more of the following at our sole option:
- in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
- in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
- Subject to our obligations under any Non-Excludable Provision, and to the maximum extent permitted by applicable law, our maximum aggregate liability for all claims under or relating to these Terms or a product, whether in contract, tort (including negligence), in equity, under statute or on any other basis, is limited to the amounts paid by you to the us as a result for the purchase of a product. We are not be responsible for any damages or consequential losses (whether direct or indirect) you suffer where a credit or debit card is fraudulently used or is used in an unauthorised manner on our Website.
- Our liability to you is reduced to the extent that your acts or omissions (or those of a third party) contribute to or cause the loss or liability.
11. Variation of this Website
- We may from time to time and without notice, vary, modify or discontinue, temporarily or permanently, any or all of the Website. Where possible we will let you know where our Website will be unavailable, but we may not always be able to do so.
12. General
- Neither party will be liable for any delay in performing any of its obligations under these Terms if such delay is caused by circumstances beyond the reasonable control of that party.
- If any part of these Terms is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible and the remainder will remain in full force and effect.
- These Terms are governed by the laws of New South Wales, Australia, and each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia.
- These Terms and any other conditions provided in respect of customised products or gift vouchers, constitute the entire agreement between us and you in relation to the products and supersede all other (prior or contemporaneous) communications or displays whether electronic, oral, or written, between us and you in relation to the products.
- Your purchase of the products is conducted electronically and each party agrees that the other may communicate with it electronically for all aspects of any product purchase, including by sending electronic notices.
- The provisions of these Terms which by their nature survive termination or expiry of these seller terms will survive termination or expiry of these Terms.
- The term “including” when used in these Terms is not a term of limitation.
13. What is the process of resizing ?
- The ring resizing process involves adding or removing small amounts of metal to increase or decrease depending on the difference between the size bought and the new size requested to provide you get the most pleasing fit.
- The expert makers at Elementé adhere to quality standards, so your resized ring sparkles and fits beautifully. Sometimes, when resized, your ring may become negligibly thicker or slimmer but won’t be visible to the naked eye. A round of cleaning and polishing is done before being presented to its owner.
14. What if you order the wrong ring size ?
- Elementé provides one complimentary resizing for most engagement rings and wedding bands of up to two sizes (up or down) during the first year. If the resizing exceeds two sizes, additional charges may be incurred as the setting might need replacement.
15. Ring resizing - Exclusions
- Re-shanking of rings and certain styles may be unsuitable for resizing – for example, eternity ring settings are excluded from the complimentary resizing service. You can contact our friendly experts if you would like to resize that setting. Our experts will assess and provide a quote for the same.
16. TRS - (Tourist Refund Scheme)
- For travellers departing from Australia who would like to claim GST refund under the Tourist Refund scheme (TRS) please refer to the TRS website for detailed information.
- It’s recommended that you communicate with us that you are a tourist and are going to claim a GST refund under TRS.
- make sure the name on the travel document is the same as that on the invoice.
- You can make multiple purchases over several days and claim GST for al off them as per TRS guidelines.
Clarification regarding the 60 day rule:
As per our communication with TRS if the invoice clearly shows the final balance payment date and pick up date, the 60 days starts from that date.
