Terms of service

1. Definitions and Interpretation

1.1 “Us”, “our”, “we” refers to Dean and Dust Limited, including our contractors, agents, and employees, as the context allows.
1.2 “You” and “your” refer to you, our customer.
1.3 Jewellery refers to any jewellery (including Engagement Rings), or other goods or services, such as manufacture, design, or Ancillary Services, provided by us as outlined in these terms or any quote/design specifications.
1.4 Design Specifications refers to the details for the remodelling or manufacture of jewellery, which may include, but is not limited to, the type of stones and metals used, and the design image.
1.5 Engagement Ring refers to any ring identified by us as an “engagement ring” in any document or quote.
1.6 Ancillary Services includes services such as repairs, engraving, or resizing.
1.7 Terms refers to these terms and conditions, including any provided in a quote.
1.8 Quote refers to the price estimate provided for jewellery and services.
1.9 Price refers to the price payable by you for jewellery or ancillary services, as detailed in the quote.
1.10 All prices are quoted in New Zealand Dollars. The singular includes the plural and vice versa. The term “include” should not be interpreted as limiting the items to which it refers.
1.11 GST is as defined in the Goods and Services Tax Act 1985, including related expenses, penalties, or fines.

2. General

2.1 These Terms govern our provision of jewellery to you. Unless agreed otherwise in writing and signed by both parties, no variation or additional terms will be binding.
 2.2 By authorising us to proceed with jewellery work, accepting a quote, or making any payment, you are deemed to accept these Terms and Conditions.

3. Design Process

3.1 We will advise you on design options, including metals, stones, and design details during the initial consultation.
3.2 A design deposit is required for Bespoke or Made-to-Order Jewellery outside our standard design range. This non-refundable deposit is due before work begins and will be deducted from the final balance upon completion of the piece.
3.3 After confirming the design specifications, we will issue a quote. Quotes are valid for 7 days from issue, as per clause 3.4.
3.4 A 50% deposit of the specified price in the quote is required to accept the quote. The deposit is non-refundable, and once received, we will purchase selected diamonds or gemstones, which are non-returnable and non-exchangeable.
3.5 If we do not receive the required deposit within 7 days, we reserve the right to terminate the agreement and retain any payments made.
 3.6 Jewellery manufactured by us is non-returnable once work commences.

4. Price

4.1 By accepting a quote, you agree to pay the specified price in accordance with these Terms.
 4.2 If you request any design changes that result in price increases, we will issue a revised quote. You agree to pay any increased amounts as set out in the final invoice.

5. Payment

5.1 Payment is to be made as follows:

(i) A non-refundable design deposit, as specified in clause 3.2, is due before work commences for custom designs.
(ii) A 50% non-refundable deposit is due upon acceptance of the quote.
(iii) The remaining balance (less any deposits) and applicable delivery fees are due within 10 days of notification that your jewellery is ready for collection.
(iv) If purchasing Duty Free, the GST-exclusive amount (less any deposits) must be paid 7 days prior to your flight departure, or as specified in clause 7.
(v) A 50% deposit is required for any ancillary services, payable before work begins.

5.2 Payments must include GST (unless purchased Duty Free) and are to be made without deduction or set-off.
5.3 If payment is not received within 10 days of notification that your jewellery is ready, we may:

(i) Retain the jewellery and any deposits to cover costs and losses, and cease any further obligations to you.
(ii) Charge a late fee of $150.00 per month for overdue payments.
 5.4 You agree to indemnify us for any costs (including legal fees) incurred in recovering unpaid amounts.

6. Delivery

6.1 We will make every effort to meet estimated delivery times. However, due to the nature of custom-made jewellery, we cannot guarantee a specific delivery date. If timing is critical, please inform us during your initial consultation.
6.2 Jewellery may be delivered to an address you specify or collected from our Boutique. All deliveries must be signed for upon receipt.
6.3 Overseas deliveries will incur a delivery charge, to be paid in advance. You are responsible for any import duties, taxes, or levies.
6.4 Delivery is deemed complete when:

(i) You collect the jewellery from our Boutique;
(ii) You collect the jewellery from a New Zealand International Airport (see clause 7.2); or
 (iii) The courier obtains a signature upon delivery.

7. Risk/Ownership

7.1 Ownership of jewellery remains with us until full payment is received, excluding items provided by you.
 7.2 We recommend you have appropriate insurance in place prior to delivery. Jewellery is at our risk until delivery as outlined in clause 6.4.

8. Duty Free

8.1 To purchase Duty Free jewellery, you must be the purchaser and depart from a New Zealand International Airport on an international flight.
8.2 Notify us of your intent to purchase Duty Free at the time of accepting the quote. You must also provide flight details within 4 weeks of the tax invoice.
8.3 Failure to provide flight details will require you to pay the applicable GST.
8.4 A handling fee applies to Duty Free purchases, to be paid before delivery to the airport.
8.5 After payment of the handling fee, jewellery will be available for collection at the designated airport.
 8.6 Duty Free regulations may apply upon re-entry to New Zealand.

9. Customer Care

9.1 Our jewellery is manufactured to the highest standards. Each piece undergoes thorough quality control before being made available for inspection.
9.2 Upon delivery or inspection of the jewellery, you confirm your acceptance and satisfaction with the design specifications.
9.3 If you choose not to inspect the jewellery, we deem it accepted unless written notice is provided within 7 days of delivery.
9.4 We recommend following our Care Guidelines available on our website. We are not responsible for damages due to improper care.
9.5 Stone settings may loosen naturally, particularly for small stones. This is not considered a defect in workmanship.
9.6 Within 6 months, we will replace or reset any stones (up to 0.10cts) that fall out due to no fault of your own, at no additional cost.
9.7 We are not responsible for the following:
(i) Marks, scratches, or dents;
(ii) General wear and tear;
(iii) Damage caused by you or others;
(iv) Plating wear;
(v) Loss of stones (subject to clause 9.6);
(vi) Loss or theft.

10. Heirloom Jewellery

10.1 For heirloom jewellery, we may request a valuation at your expense before commencing work. We can assist with this.
 10.2 We take reasonable care with heirloom jewellery but are not liable for any damage or loss to items we did not source while in our possession or during work.

11.Engagement Rings

11.1 We offer a complimentary Engagement Ring Service within the first 5 years of the purchase date, including cleaning, polishing, and maintenance advice. Additional repairs or adjustments will incur extra charges.
11.2 Three complimentary services are available within 5 years of the purchase date. Additional services will incur a charge.
11.3 Servicing requests must be scheduled in advance.
11.4 Complimentary services are limited to Engagement Rings; other jewellery may incur charges unless otherwise agreed.
11.5 Proof of purchase is required for servicing or repair claims.
 11.6 One complimentary resize for Engagement Rings is offered with proof of purchase.

12. Engraving Services

12.1 Engraving is available on selected items and limited by font size, style, and placement.
12.2 We are not responsible for engraving errors due to incorrect information provided.
 12.3 Resizing or alterations may affect existing engraving. Any re-engraving will incur a charge.

13. Insurance

13.1 We strongly recommend that you arrange insurance cover for your jewellery prior to its collection or planned delivery.

13.2 In the event that your jewellery sustains damage after delivery (as described in clause 6.4), due to inappropriate care (see clause 9.4), or for any reason not related to our workmanship (including the reasons outlined in clause 9.7(i)-(vi)), you will be liable for the cost of any necessary repairs that you request from us, provided these repairs are not covered by your insurance.

14. Valuation

14.1 We do not assume any liability or responsibility for valuations provided by third-party jewellery valuers that we engage to assess any jewellery.

14.2 We will provide a complimentary valuation for any item with an anticipated value of more than $5,000.00. If you wish to have a registered valuation for your jewellery, an additional cost will apply.

14.3 The valuation is for insurance purposes only and reflects the “estimated replacement value” of your jewellery.

15. Use of Information

15.1 By agreeing to these terms, you consent to us collecting your personal information to provide jewellery to you. Additionally, you agree that we may use this information for marketing purposes, electronic messaging (e.g., emails and text messages), and share it with third parties who assist us in these activities.

15.2 You are entitled to view and correct any information held by us in accordance with the Privacy Act 2020.

16. Intellectual Property

16.1 You agree not to reproduce, in whole or in part, any of our designs or engage another party to reproduce or use our designs.

16.2 You acknowledge that we are the copyright owners of all designs we create, whether or not these designs were 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.

17. Consumer Guarantees Act

17.1 If jewellery is supplied to you as a “consumer” (as defined in the Consumer Guarantees Act 1993), the provisions of the Act will prevail over all other terms in these Terms and Conditions.

17.2 Our liability to you is limited to the obligations set out in the Act. We do not provide warranties or guarantees beyond what is specified in the Act.

17.3 You agree that the Consumer Guarantees Act does not apply to jewellery provided for business use.

18. Governing Law

18.1 These Terms and Conditions are governed by the laws of New Zealand and are subject to the non-exclusive jurisdiction of New Zealand courts.

19. Waiver

19.1 No failure or delay in exercising any rights or remedies under these Terms will constitute a waiver of any such right or remedy.

20. Validity

20.1 If any provision of these Terms is found to be unenforceable or illegal, the remaining provisions will continue to be valid and enforceable.