Terms & Conditions
- Definitions and Interpretation
1.1 “us”, “our”, “we” are references to us as Dean and Dust Limited and includes our contractors, agents and employees as and where the context so permits.
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.
2.1 These Terms are the basis on which we will provide the jewellery to you. Unless otherwise recorded in writing and signed by us and you, we will not be bound by any variation or additional terms.
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.
- Design Process
3.1 We will advise you of the options relating to designs, metals and stones during your initial consultation with us.
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.
4.1 By acceptance of any quote, you agree to pay the specified price in that quote in accordance with these terms and as set out in clause 5.
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.
5.1 It is agreed that you will pay us the price as follows:
(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.
6.1 We do our best to meet the estimated delivery date for supplying your jewellery, however; due to the nature of made-to-order fine jewellery we are unable to guarantee delivery for a specific date. If you do require the jewellery finished by a specific date, please advise us of this during our first consultation. If we feel for any reason that we may not meet your specified timeframe, we will let you know as soon as possible.
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.
7.1 Until full payment in accordance with these Terms and Conditions has been made by you, all jewellery (with the exception of items provided by you) remains our property.
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.
- Duty Free
8.1 To utilise our Duty Free service, you must be the purchaser of the jewellery and departing from a New Zealand International Airport on an international flight.
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.
- Customer Care
9.1 Our jewellery is manufactured to our high standard of quality and workmanship. Prior to being made available to you for final inspection, each jewellery piece undergoes a thorough quality control process.
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
- Heirloom Jewellery
10.1 Prior to the commencement of work to any heirloom jewellery, other jewellery or stones that we have not sourced, we may request a valuation to be provided to us (to our required standard) at your expense. We can facilitate this for you.
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.
- 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.
- Engraving Services
12.1 We offer engraving on selected items. This engraving is limited to certain font sizes, styles, characters and placement depending on the Jewellery.
12.2 We do not accept responsibility for any engraving errors as a result of information you have provided.
12.3 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.
13.1 We strongly recommend that you have insurance cover in place prior to the collection or planned delivery of your jewellery.
13.2 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.
14.1 We do not assume any liability or responsibility for valuations provided by third party jewellery valuers that we engage to value any Jewellery.
14.2 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.
14.3 The valuation is for insurance purposes only and is for the “estimated replacement value” of your jewellery.
- Use of information
15.1 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.
15.2 You are entitled to view and correct any information held by us under the Privacy Act 2020.
- Intellectual Property
16.1 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.
16.2 You acknowledge that we are the copyright owners in all designs we produce, whether or not these designs are produced with your direction.
16.3 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.
- Consumer Guarantees Act
17.1 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.
17.2 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.
17.3 You agree that the Consumer Guarantees Act does not apply to any jewellery provided to you for use within a business.
- Governing Law
18.1 These Terms and Conditions subject to the non-exclusive jurisdiction of the New Zealand courts and are governed by New Zealand law.
19.1 No failure or delay in exercising any rights or remedies will constitute a waiver of any such right or remedy.
20.1 If any part of these Terms is found to be unenforceable or illegal, the provisions remaining will continue in full effect and force.