Terms & Conditions
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Definitions and Interpretation
1.2 “you” and “your” are references to you as our customer.
1.3 Jewellery means any jewellery (including, any Engagement Ring) or other goods or services including manufacture, design or Ancillary Services, agreed to be provided to you by us as described in these terms, in any quote or design specifications.
1.4 Design Specifications means the specifications detailed for the remodelling or manufacture of jewellery and may, or may not include details of the stones and metals to be used and an image of the design.
1.5 Engagement Ring means any ring identified by us in any document or quote, as an “engagement ring”.
1.6 Ancillary Services means repair services, engraving or resizing.
1.7 Terms means these terms and conditions, inclusive of the terms and conditions provided in any quote.
1.8 Quote means the quote provided to you detailing the jewellery and the price.
1.9 Price means the price payable by you for the Ancillary Services or Jewellery you purchase from us, as stipulated in any quote.
1.10 All prices are in New Zealand Dollars. The singular includes the plural and vice versa. The term “include” will not be construed as limiting the text to which it refers.
1.11 GST is the meaning given to it in the Goods and Services Tax act 1985, and is inclusive of any expenses, penalties or fines relative to such GST.
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General
2.2 By authorising us to proceed with the jewellery, acceptance of a quote or making any payment to us you are deemed to have accepted these Terms and Conditions.
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Design Process
3.2 A design deposit will apply should you require us to create Bespoke or Made to Order Jewellery, outside of our standard design range as we will create a design based on your specific requirements. Payment of the design deposit is non-refundable and is required in full prior to the commencement of work on the design. The design deposit will be deducted from the final balance of the specified Price in the final invoice that will be provided to you upon notification that your jewellery is ready for collection.
3.3 We will provide you with a quote for the design once you are happy with the design specifications. Quotes are valid for 7 days from the date they are issued in accordance with clause
3.4 A quote is accepted with payment of a deposit equal to 50% of the specified price quoted. The deposit is non-refundable. Once your deposit has been received, we will purchase your selected diamonds or gemstones which are non-exchangeable and non-returnable.
3.5 We are entitled to terminate the agreement where we have not received the required deposit payment referred to in clause 3.4 within 7 days and to retain any amounts paid by you prior to such termination.
3.6 If for any reason that the jewellery is no longer required, please note that, pursuant to these terms, we are not able to accept returns of jewellery manufactured by us.
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Price
4.2 Should at your request, there be any variation to the design specification relating to a quote resulting in an increase to the price set out in that quote, you will be issued with a revised quote detailing the increased price in accordance with clause 3.3. It is agreed that you will pay any increase in the revised price by the due date of the final invoice we will issue to you.
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Payment
(i) where as advised by us, a non-refundable design deposit is payable for your custom design, the deposit will be paid to us upon you engaging us to develop the design for you (as per clause 3.2).
(ii) A non-refundable deposit of 50% of the price specified in the quote must be paid to us upon acceptance of our quote within 7 days of us providing the quote to you.
(iii) Upon our notification that your jewellery is ready for collection, the balance of the price (less any deposit(s) paid) and all applicable delivery fees (see clause 6.3) must be paid in full within 10 days.
(iv) As set out in clause 7, should you elect to purchase your jewellery Duty Free, the GST exclusive price (less any deposit(s) paid) as per clause 5.1 (iii) or in full at least 7 days prior to your flight departure (as per clause 7), whichever date comes first.
(v) For any ancillary services you engage us to carry out on any jewellery, a 50% deposit for the ancillary service required must be paid to us prior to commencing such work.
5.2 All payments are to be made to us inclusive of GST (unless purchasing duty free as per clause 7) and must be paid without deduction, counter claim or set-off.
5.3 Following notification by us that your jewellery is ready for collection the balance must be paid within 10 days (unless arranged otherwise with us). In the event that you fail to pay the outstanding balance within this period, we are entitled to:
(i) Retain the jewellery and any deposits you have made in order to cover our losses and costs incurred relative to the jewellery and pursuing the recovery of payment of all amounts owing by you to us. In this case we will cease to have any further obligation to you.
(ii) Charge a fee of $150.00 for each month that the balance payment is not received in full.
5.4. You agree to indemnify us for any collection related costs (including legal costs) in recovering amounts owed to us by you.
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Delivery
6.2 Completed jewellery may be delivered to an address specified by you or collected from our Boutique. All deliveries of jewellery are required to be signed for on delivery. It is your responsibility to ensure that you will be available to receive the delivery and that the address you supply is correct.
6.3 A delivery charge for overseas deliveries will apply. This delivery charge must be paid in advance of us arranging the delivery to you. You must accept responsibility for all import duties, taxes or levies that apply.
6.4 It is deemed that jewellery has been delivered upon:
(i) Collection of the jewellery from our Boutique.
(ii) Collection of the jewellery from a New Zealand International Airport (see clause 7.2); or
(iii) Where delivered by courier, the courier has attained a signature understood to have been given by you.
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Risk/Ownership
7.2 We strongly recommend that you have appropriate insurance cover in place prior to the delivery of the jewellery. All jewellery will be at our risk prior to delivery in accordance with clause 6.4.
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Duty Free
8.2 Where you choose to purchase your jewellery Duty-Free, it is your responsibility to
(i) Notify us of your intention to purchase your jewellery Duty Free at the time you accept our quote.
(ii) Supply us with the details of your departing flight within 4 weeks of the tax invoice date issues to you and;
(iii) Pay the GST exclusive amount of the price of your jewellery in full to us (less any deposit(s) made) to us no less than 7 days prior to your departure date or as per 5.1 (iii), whichever date is earlier.
8.3 If within the timeframe set out in this clause, you fail to provide us with your flight date, time, flight number and details of your departing international airport as set out in clause 8.2 (ii), you are required to pay the GST on the price of your jewellery to us (as applicable to the tax invoice referred to in clause 8.2 (ii)).
8.4 Duty Free jewellery purchase(s) will incur a handling fee which must be paid prior to the delivery of the jewellery to the relevant New Zealand International Airport.
8.5 Following purchase of the handling fee, we will make the jewellery available at the collection point at the relevant New Zealand International Airport.
8.6 In the event that you return to New Zealand with your jewellery, Duty Free may apply on arrival unless, amongst other things, the jewellery is for the personal wear or use by, or part of the personal effects of the person bringing it into New Zealand. Prior to your departure, we advise that you consider New Zealand Customs requirements for re-entry with goods.
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Customer Care
9.2 Where you have taken possession of the jewellery, the jewellery has been delivered or where you have inspected the completed jewellery, it will be deemed that you have accepted the jewellery and confirmed its completion as per the design specifications.
9.3 It will be deemed that you have accepted the jewellery where you have elected not to inspect the finished jewellery and have chosen to have it delivered to you, or an address specified by you if you have not notified us in writing of any compliance issues within 7 days of delivery.
9.4 We recommend that you care for your jewellery as per our Care Guidelines available on our website. We are not responsible for any damages to jewellery where your jewellery is noticeably damaged, bent or shows indication of improper care.
9.5 Metal has the natural inclination to “relax” following the setting of stones resulting in stones falling out or coming loose, particularly in very small or closely set stones. You acknowledge that in these instances, this does not constitute poor workmanship.
9.6 If within 6 months of purchase, any stones .10cts or less become loose, or fall out of your jewellery other than as a result of damage or impact (as per our assessment of your jewellery), we may agree to replace or reset such stones at no cost to you, provided that you return your jewellery to our boutique.
9.7 You acknowledge that we will not be responsible for the cost to rectify
(i) Marks, scratches or dents to any metal surface;
(ii) General wear and tear;
(iii) Damage caused by you or any other party to the jewellery;
(iv) Wearing off of plating;
(v) Loss of stones (subject to clause 9.6);
(vi) Loss or theft
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Heirloom Jewellery
10.2 Where we undertake work on heirloom jewellery or engage in work with other stones or jewellery we have not sourced, we take all reasonable care, but do not accept any liability for any damage or loss to such jewellery or stones while being incorporated into new jewellery, repaired or while otherwise in our possession.
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Engagement Rings
11.1 We provide a complimentary Engagement Ring Service within the first 5 years of the purchase date. During this service we will professionally clean and polish your piece and will advise you during this service if we believe any other maintenance e.g. tightening of claws or repair work is necessary. Note that any additional services (including work required in order to rectify any of the matters specified in clause 9.7) and tightening of claws will incur an additional charge.
11.1 Our complimentary Engagement Ring Service provides up to three services within the first 5 years of the purchase date.
11.2 If you wish to proceed with servicing of your Engagement Ring, it is required that the servicing is scheduled in advance of you returning with your ring to the Boutique.
11.3 A charge will apply for any servicing requested in addition to those three which are complimentary.
11.4 The complimentary servicing applies to Engagement Rings. A charge will apply for other jewellery servicing unless agreed otherwise by us.
11.5 Any claims for servicing or repair work must be accompanied by proof of purchase.
11.6 We offer one complimentary Engagement Ring re-size for all rings purchased from us, subject to proof of purchase being provided.
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Repairs
12.1 In addition to repairs covered under our Warranty, our ancillary services also include repairs on Jewellery not manufactured by us, or Jewellery manufactured by us that is deemed by us to be outside of our Warranty conditions. All Jewellery items requiring repair will be assessed by our in-house jewellers and may be outsourced, at our discretion, for completion of such repairs by our trusted New Zealand based jewellers.
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Engraving Services
13.1 We offer engraving on selected items. This engraving is limited to certain font sizes, styles, characters and placement depending on the Jewellery.
13.2 We do not accept responsibility for any engraving errors as a result of information you have provided.
13.3 Resizing or altering of jewellery may affect existing engraving insitu. Any required re-engraving or touch-ups to engraving work affected by alterations or sizing will incur an additional charge.
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Insurance
14.1 We strongly recommend that you have insurance cover in place prior to the collection or planned delivery of your jewellery.
14.2 In the event that your jewellery sustains damage following delivery by you or another party (see clause 6.4), as a result of inappropriate care of your jewellery (see clause 9.4) or as a consequence of any reason not related to our workmanship (including reasons detailed in clause 9.7 (i)-(vi)) you are liable for the cost of any repairs necessary that you engage us to carry out that are not covered by your insurance.
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Valuation
15.1 We do not assume any liability or responsibility for valuations provided by third party jewellery valuers that we engage to value any Jewellery.
15.2 We will provide a complimentary valuation for any item with an anticipated value of more than $2000.00. If you wish to have a registered valuation of your jewellery, this will incur an additional cost.
15.3 The valuation is for insurance purposes only and is for the “estimated replacement value” of your jewellery.
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Use of information
16.1 You agree that we will collect your personal information in order to provide jewellery to you. You agree that we may also use this personal information for marketing purposes, electronic messaging (e.g. emails and txt messages), and that we may provide this information to third parties who assist us in this regard.
16.2 You are entitled to view and correct any information held by us under the Privacy Act 2020.
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Intellectual Property
17.1 You agree that you will not reproduce in part, or whole, any of our designs or engage another person to reproduce or use our designs.
17.2 You acknowledge that we are the copyright owners in all designs we produce, whether or not these designs are produced with your direction.
17.3 You agree that we may use our designs for any purpose including but not limited to marketing, creating jewellery for other clients or as part of our own collections.
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Consumer Guarantees Act
18.1 Jewellery supplied to you as a “consumer” (as defined in the Consumer Guarantees Act 1993), the Act will prevail and apply over all provisions set out in these Terms.
18.2 Our liability to you is limited to those obligations in the Act. We do not make any warranties or provide any guarantees that are additional to those set out in the Act.
18.3 You agree that the Consumer Guarantees Act does not apply to any jewellery provided to you for use within a business.
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Governing Law
19.1 These Terms and Conditions subject to the non-exclusive jurisdiction of the New Zealand courts and are governed by New Zealand law.
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Waiver
20.1 No failure or delay in exercising any rights or remedies will constitute a waiver of any such right or remedy.
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Validity
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Trademarks
22.1 All logos and creative content, including but not limited to Photographs, Digital Content, Text, Graphics, “look and feel”, data, slogans, naming of product, and any other information arranged on this site are the proprietary property of Dean & Dust. All content is protected by the NZ Copyright Law 1994.
23. Product Reviews & Customer Content
23.1 Our site includes reviews and messages from clients, this is client generated content and may be displayed throughout this site. If you send us content, unless otherwise specified, you are granting Dean & Dust a nonexclusive, royalty-free right to use, publish and translate content.
23.2 Client materials can include but are not limited to: Photographs, messages, text, emails, social media material. By providing us with this content you are accepting the right for Dean & Dust to use this content for but not limited to: Dean & Dust marketing purposes on all social platforms, website, and promotional content.
24. Marketing and Photography
24.1 All jewellery acquired and produced by Dean & Dust is subject to having photographic content taken and used for but is not subject to advertising/marketing/promotional purposes.
24.2 By entrusting your jewellery to Dean & Dust you agree to having your piece(s) photographed and and those photographs used in any way Dean & Dust see fit.
24.3 All Photographic works created by Dean & Dust are protected by copyright. They cannot be recreated, re-touched, or used by any other person/organisation/company or to promote another Brand or Company..
25. Promotion/Gifting/Special Offers
25.1 These Promotion or Competition Rules (‘the Rules’) apply to all Dean & Dust Promotions or Competitions (collectively the ‘Promotion’) conducted by means of any medium - Online, radio, print, or a connected device. The Rules may change from time to time.
25.2 If a particular Promotion has specific rules or terms (‘the ‘ Specific Rules’) those Specific Rules will apply if there is any inconsistency with the Rules.
25.3 Unless otherwise stated in the Specific Rules registration, entry or vote is limited to 1 per person. Where multiple registrations, entries or votes are acceptable, each must be made separately.
25.4 Entry into the Promotion is deemed to be acceptance of the Rules and the Specific Rules and confirmation that the entrant has the necessary authority (for example from the bill payer or owner of a telephone) to enter the Promotion.
25.5 No purchase is necessary to win or participate in the Promotion, unless specified in the Specific Rules.
25.6 The Promotion is open to New Zealand Residents only. Disqualified Participants may not enter in the Promotion.
25.7 Dean & Dust reserves the right to exclude any person from participating in the Promotion on reasonable grounds.
25.8 Dean & Dust reserves the right to refuse to award any prize to an entrant who Dean & Dust decides (in its sole discretion) has violated the Rules (including the Specific Rules), gained unfair advantage in participating in the Promotion or won using fraudulent means.
25.9 By participating, entrants grant Dean & Dust exclusive permission to use their names, characters, photographs, videos, voices and likeness in connection with the Promotion and for future promotion and marketing purposes and waive any claims to royalty, right or remuneration for such use.
25.10 All entrant personal details must be valid and up to date and will be held by Dean & Dust and may be used for the purpose of the Promotion and for future promotion and marketing purposes in accordance with Dean & Dust Privacy Policy unless otherwise directed by contestants at the time of entry.
25.11 Personal information provided at the time of entry is presumed to be true and, in the case of text or email notification – active, through to and beyond the date of the Promotion’s completion.
25.12 Where the Promotion involves texting, the following apply:
- a) Standard sms text charges will apply, unless otherwise stated in the Specific Rules and will depend on the entrant’s particular plan or agreement with their phone service provider;
- b) Any form of automated text message is invalid;
- c) The telephone number from which the entry was made will be stored in a database. The entrant has a two-business-day period from the time of entry to request removal from the database. If no request is made it is deemed acceptance that the information can be used for future promotion and marketing purposes; and
- d) Dean & Dust takes no responsibility for text costs incurred after the Promotion has closed as stipulated in the Specific Rules.
25.13 Only the person who originally entered the Promotion can be awarded the prize (the ‘Winner’).
25.14 The Winner will be determined in the manner set out in the Rules or the Specific Rules – if not specified then as determined by the Promoter who shall for this purpose be deemed the judge (the ‘Judge’).
25.15 The Judge’s determination of the Winner will be final and no correspondence will be entered into.
25.16 The Winner will be notified by email, phone (voice or text), mail or in person and must be available for the preparation of all publicity that may be required by Dean & Dust. Where attempts to contact the Winner fail (eg when the Winner cannot be contacted by phone after three attempts or mail sent is returned) the Judge will select another winner. If, after successful notification, the prize is not collected within two months of being announced it will be regarded as forfeit. (Note: 3 attempts to contact the Winner will include individual calls to any numbers provided at the time of entry).
25.17 The Prize is not redeemable for cash or transferable. No other family members, friends, office associates or any other person will be able to participate on the Winner’s behalf. In the event that the Prize specified in the Competition becomes unavailable for any reason the Promoter may substitute a prize of like or equal value.
25.18. Where the Winner is required to claim the prize in person, they must provide proper identification (eg driver’s licence, passport, birth certificate). If the Winner is under the age of 18 years their parent or legal guardian must accompany the Winner or give their prior written consent to the award of the Prize.
25.19 The Winner takes the Prize entirely at his/her own risk and indemnifies Dean & Dust in respect of any claim for any accident, injury, property damage or loss of life that may occur in connection with the prize. The Winner is responsible for all insurance, tax or other costs that may be associated with the Prize. Where the Prize has associated terms and conditions the Winner accepts the Prize subject to those terms and conditions and restrictions.
25.20 Where the Prize includes air travel and/or accommodation, either international or domestic (the ‘Travel Prize’):
1) the Winner MUST have valid documentation, including but not limited to valid passports and Visas, which meet the requirements of immigration and other government authorities at every destination.
- a) Any fines, penalties, payments or expenditures incurred as a result of such documents not meeting the requirements of those authorities (including any costs associated with delay, will be the sole responsibility of the Winner).
- b) When the Travel Prize includes travel to or through the United States, it is the Winner’s responsibility when travelling into or through (transiting included) the United States under the Visa Waiver Program to apply for an Electronic System for Travel Authorisation (ESTA) no later than 72 hours prior to departure if required. The winner must visit the US Department of Homeland Security website and fill in the required information. The cost of the ESTA is the sole responsibility of the Winner.
3) Flight tickets are available on the regular scheduled services of each airline and are subject to seasonal embargos. The flight itinerary may have to be adjusted depending on the airline's departure city and their current flight schedule. Unless otherwise specified, the air travel is economy class.
4) Any changes to travel dates or additional accommodation outside the travel period specified in the Travel Prize details, made by the winner, which incur additional costs, are to be paid by the Travel Prize winner.
5) Unless explicitly stated in the Specific Rules, the Winner will be responsible for expenses including, but not limited to, spending money, meals, drinks, transport, laundry charges, activities, incidentals, taxes (excluding departure and any other flight associated taxes included within the Travel Prize), gratuities, services charges, passports, visas, travel insurance and all other ancillary costs associated with redeeming the Travel Prize. The Winner must obtain travel insurance to protect themselves against additional costs incurred in the event of unforeseen circumstances.
6) The Travel Prize is not transferable or exchangeable and cannot be redeemed for cash. The Travel Prize must be taken as stated in the Specific Rules and no compensation will be payable if the Winner is unable to use the Travel Prize as stated. For the avoidance of doubt, if the Winner is, for whatever reason, unable to travel on a nominated date during this period, whether the failure was due to reasons beyond the Winner's control or otherwise, then the Winner will forfeit the Travel Prize.
7) The Promoter makes no representation as to safety, conditions and other issues that may exist at any destination. International travel advice can be obtained from various sources, including government, local consular offices and the web site of the New Zealand Ministry of Foreign Affairs and Trade. The winner accepts the Travel Prize at their own risk.
8) All travel is subject to the terms, conditions and restrictions of the Travel Prize service providers. Any travelling companion included in the Travel Prize (if applicable) accepts the Travel Prize subject to these terms, conditions and restrictions as if references to the Winner in the relevant clauses were to the travelling companion. The Winner and their travelling companion must sign a legal release, in a form acceptable to the Promoter in its absolute discretion, if requested by the Promoter.
25.2. Dean & Dust reserves the right to amend, vary, extend or discontinue a Promotion at any stage, for any reason.
25.22 Dean & Dust takes no responsibility for any inability to enter, complete, continue or conclude the Promotion due to equipment or technical malfunction, busy lines, inadvertent disconnection, texts with a misspelt keyword, texts to an incorrect shortcode, Force Majeure or otherwise.
25.23 To the fullest extent permitted by law Dean & Dust will not be liable for any loss or damage whatsoever (including but not limited to direct or consequential loss) or for personal injury as a result of Promotion entry or winning the prize.
25.24 Where the Prize is to be supplied by an entity outside Dean & Dust control and that entity fails, for whatever reason, to supply the prize, Dean & Dust has no responsibility for the provision of the Prize and is not obliged to provide an alternative Prize or to take legal action to require the Prize supplier to provide the Prize. Acceptance
25.25 Participation in the Promotion is deemed acceptance of these Terms and Conditions.
25.26 If the Winner does not accept these Terms and Conditions the prize will be forfeited.