Terms And Conditions

1 These Terms

1.1 What these Terms Cover: These Terms and Conditions ("Terms") govern the supply of jewellery products ("Products") by Abelini Pty Ltd ("we", "us", "our", "Company") to customers ("you", "your") through our website, showrooms, or direct sales arrangements.

1.2 You accept these Terms by:

• a.Placing an order through our website;
• c.Making payment for Products; or
• d. Taking delivery of Products

1.3 These Terms supersede all prior negotiations, representations, or agreements relating to the subject matter herein, except where inconsistent with your statutory consumer rights under Australian Consumer Law.

1.4 If you have any questions or complaints about the Products, please contact us to discuss (using our contact details above). You can telephone our customer service team on or write to us by email.

2 Use of the Site

2.1 You must must be at least 18 years old to place an Order. By placing an Order, you warrant that you have the legal capacity to enter into these Terms

2.2 Where you place an Order on behalf of another person or entity, you warrant that you have the necessary authority to bind that person or entity to these Terms.

2.3 We reserve the right to refuse service to any person or entity at our absolute discretion, including but not limited to those who have previously breached these Terms or engaged in fraudulent conduct.

2.4 When using the Site, you must not do or attempt to do anything that is unlawful or inappropriate, including:

(1) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights;

(2) using the Site to defame, harass, threaten, menace or offend any person;

(3) using the Site for unlawful purposes;

(4) interfering with any user of the Site;

(5) tampering with or modifying the Site (including by transmitting viruses and using trojan horses);

(6) using the Site to send unsolicited electronic messages;

(7) using data mining, robots, screen scraping or similar data gathering and extraction tools on the Site;

(8) engaging in any activity that could damage our reputation or business interests; or  

(9) facilitating or assisting a third party to do any of the above acts.

3 Accounts

3.1 You may purchase the Products from us with or without creating an account. Account holders can access order history and saved preferences.

3.2 You must ensure that any personal data you give to us when creating an account is accurate and up-to-date. All personal data that you give to us will be treated in accordance with our privacy notice. You can find our privacy notice at www.abelini.com.au/privacy-policy.

3.3 It is your responsibility to keep your account details confidential. You are responsible for all activity on your account, including purchases made using your account details.

3.4 We may suspend or terminate your account at any time for breach of these Terms or other reasonable grounds, including suspected fraudulent activity or misuse of promotional offers.

4 Orders

4.1 Orders Orders may be placed through our website, in our showrooms, or via order forms. Each Order constitutes an offer to purchase Products at the stated price.

4.2 We may, at our absolute discretion, accept or reject an order. If we need to reject your order, we will notify you within a reasonable time after your order is placed. A binding contract is formed only when we accept your Order, which occurs when we send order confirmation or commence preparation of your Products.

4.3 You are responsible for ensuring all Order details are correct before submission, including product specifications, quantities, delivery addresses, and contact information.

4.4 Upon acceptance, we will provide order confirmation containing Order details, estimated delivery timeframes, and any special conditions.

4.5 All purchases made through an Order Form are subject to availability. We do our best to keep Products in stock and to keep the Site up to date with the availability of Products.

4.6 Orders cannot be modified or cancelled once accepted except with our written consent and may be subject to additional charges

4.7 We may cancel, at any time before delivery and for whatever reason, an order that we have previously accepted, including, and without limiting your right to terminate these Terms under clause 9(e), where there is a considerable delay in dispatching your order, if for any reason we cannot supply the Products you order (for example for an event beyond our reasonable control) or if the Products ordered were subject to an error on our Site (for example in relation to a description, price or image). We will contact you using the details you provided when you placed your order. You may choose to receive a refund or a store credit or to place your order on backorder. If you choose a refund or store credit, any delivery costs you have paid for the Products will be refunded to you. If you choose to place your order on backorder, we will contact you to arrange delivery once the Products are available.

5 Price and payments

5.1 All prices are in Australian Dollars (AUD) and include GST where applicable. Prices are subject to change without notice, but changes will not affect accepted Orders. You must pay the full purchase price plus delivery costs and any applicable taxes or duties.

5.2 You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment.

5.3 The payment methods we offer are set out in the website or Order Form. Payment through through third-party providers (PayPal, Afterpay, etc.) is subject to their terms and conditions.

5.4 We do not store any credit card details, and all payment information is collected and stored through our third-party payment processors.

5.5 For orders exceeding AUD $5,000:

(1) Additional identity verification may be required;

(2) Payment may be processed in stages (deposit and final payment) solely at our discretion; and

(3) Enhanced security measures apply including signature-required delivery.

5.6 International customers may incur additional customs duties, taxes, or charges imposed by destination countries, for which you are solely responsible.

6 Product Supply and Warranty

6.1 In consideration of your payment of the Price, we will provide the Products in accordance with these Terms and all applicable laws, using reasonable care and skill.

6.2 We warrant that Products will:

(1) Conform to their description;

(2) Be of acceptable quality under the ACL; and

(3) Be fit for their ordinary purpose.

6.3 Sample Products: We offer try-on samples of Products, which are customised, made to order, sample replicas of the jewellery you are interested in, for you to try on, before you decide to buy actual real jewellery (Sample Products). The materials used in Sample Products are not the same quality as actual real jewellery we offer, and are intended to give you the opportunity to try on something similar to an actual piece of jewellery before you invest in the real jewellery. By ordering Sample Products, you acknowledge and agree that Sample Products:

(1) are not for sale and must be returned within 14 days of receipt or collection;

(2) may differ significantly in appearance, weight, feel, and brilliance from actual Products;

(3) must not be worn outside designated try-on periods;

(4) remain our property at all times and must be returned in original condition;

(5) if lost, damaged, or not returned, you will be charged the full retail value of an equivalent actual Product; and

(6) must be returned via Australia Post with signature required delivery or collection from our showroom.

6.4 Custom or bespoke Products are manufactured to your specific requirements and:

(1) require initial consultation and design approval before production;

(2) require payment of 50% deposit before commencement, with balance due before delivery (subject to our sole discretion);

(3) cannot be returned unless defective, as they are made specifically for you;

(4) may have extended production timeframes of 4-12 weeks depending on complexity;

(5) remain our intellectual property in terms of design concepts and methodologies;

(6) may require multiple fittings and approval stages throughout production.

6.5 We reserve the right to make minor modifications to Products to comply with safety regulations, legal requirements or quality standards.

7 Delivery, title and risk

7.1 Where possible, will deliver Products to the address specified in your Order using our standard delivery methods or premium services where selected.

7.2 When you make an Order, we will provide you with an estimated delivery date (bearing in mind that where your Order is customised, it make take us some time to get your Order ready) and we will deliver the Products to you as soon as reasonably possible and will contact you if there are any changes to the estimated delivery date. Estimated delivery dates are provided in good faith but are not guaranteed.

7.3 You must:

(1) ensure someone is available to accept delivery at the specified address; and

(2) provide accurate and complete delivery information;

7.4 Where no one is available, we may leave Products in a secure location or return them to our facility.

7.5 Risk in Products passes to you:

(1) upon delivery to your nominated address; or

(2) when Products are collected from our premises; or

(3) when delivered to a carrier or courier for domestic or international shipping.

7.6 If delivery fails due to incorrect information provided by you or your unavailability, you may be charged redelivery costs.

7.7 For international Orders:

(1) you are responsible for compliance with import regulations;

(2) delivery times may be extended due to customs processing;

(3) we are not liable for delays caused by customs or regulatory authorities; and

(4) you assume all risks once Products are delivered to the international carrier.

8 Returns and Refunds

8.1 Nothing in these Terms limits your rights under the Australian Consumer Law, including rights to refunds, repairs, or replacements for defective Products.

8.2 Beyond your rights under the Australian Consumer Law, we offer a 60-day change of mind return period for unworn Products, provided:

(1) Products are returned within 60 days of delivery;

(2) Products are in original, unworn, and resaleable condition;

(3) All original packaging, certificates, and accessories are included; and

(4) You follow our returns process and obtain a return authorisation.

8.3 The following Products cannot be returned under our goodwill policy:

(1) pierced with broken or tampered seals;

(2) personalised, engraved, or custom Products;

(3) Products that have been worn beyond try-on;

(4) Products damaged by misuse or normal wear;

(5) Sample Products; or

(6) Products modified by third parties.

8.4 To return Products:

(1) Contact us within the applicable return period;

(2) Package Products securely in original packaging;

(3) Use the prepaid return label provided (Australian customers) or arrange return shipping at your cost (international customers); and

(4) Obtain proof of postage and tracking information.

8.5 We pay return shipping costs for Australian customers exercising ACL rights or our goodwill policy. International customers are responsible for return shipping costs unless Products are defective

8.6 Refunds will be processed within 14 days of receiving return Products to the original payment method. Processing fees may apply.

9 Manufacturing, Warranty and Repairs

9.1 We provide a manufacturing warranty against defects in materials and workmanship for periods specified on our website or as separately advised. You can find more information here.

10 Intellectual Property Rights

10.1 All intellectual property rights in our website, Product designs, trade marks, copyrights, and business methods (including in connection with the Terms, any content on the Site, and the Products) remain our exclusive property

10.2 You must not:

(1) reproduce, distribute, or modify our intellectual property;

(2) use our trade marks or branding without written consent;

(3) reverse engineer or copy Product designs;

(4) use our intellectual property for commercial purposes;

(5) create derivative works based on our designs;

(6) remove or alter any proprietary notices or marks.

10.3 You may share images of our Products on social media platforms provided you:

(1) do not claim ownership of our intellectual property;

(2) do not imply endorsement without our consent;

(3) comply with the platform’s terms of use; and

(4) do not use such sharing for commercial purposes.

11 Promotions and Marketing

11.1 We may offer discounts, sales, or promotional codes from time to time, subject to specific terms and conditions.

11.2 You agree and acknowledge that:

(1) Codes must be entered at checkout to receive discounts;

(2) Only one promotional code per Order unless otherwise stated;

(3) Codes cannot be combined with other offers;

(4) Codes have no cash value and are non-transferable;

(5) Codes expire on specified dates and cannot be extended; and

(6) We reserve the right to cancel Orders using invalid or fraudulently obtained codes

11.3 Our price matching guarantee applies only to:

(1) Identical Products with identical specifications

(2) Current pricing from authorised Australian retailers;

(3) Verifiable pricing with acceptable proof;

(4) One price match per Product per customer.

11.4 Competition terms will be specified for each promotion. Entry constitutes acceptance of those specific terms

11.5 From time-to-time, we may offer free gifts alongside Products you order as part of a promotion. Free gifts cannot be exchanged or returned for a refund and cannot be substituted for any other item, cash or credit. If a Product(s) from your order is returned, then the free gift must also be returned. Free gifts cannot be substituted for any other item, cash or credit and placing multiple orders or orders for multiple items does not entitle you to more than one free gift. Free gift promotions may be subject to further terms and conditions made available to you at the time of the promotion.

12 Liability and Indemnification

12.1 Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, warranty, or other right or remedy conferred by the ACL or other applicable consumer protection laws.

12.2 To the maximum extent permitted by law, we exclude liability for:

(1) indirect, consequential, or special damages

(2) loss of profits, revenue, or business opportunities

(3) loss of data or corruption of systems;

(4) business interruption or loss of goodwill;

(5) any loss arising from Force Majeure Events (any event or circumstance which is beyond our reasonable control including but not limited to, acts of God including fire, hurricane, typhoon, earthquake, landslide, tsunami, mudslide or other catastrophic natural disaster, civil riot, civil rebellion, revolution, terrorism, insurrection, militarily usurped power, act of sabotage, act of a public enemy, war (whether declared or not) or other like hostilities, ionising radiation, contamination by radioactivity, nuclear, chemical or biological contamination, any widespread illness, quarantine or government sanctioned ordinance or shutdown, pandemic (including COVID-19 and any variations or mutations to this disease or illness) or epidemic.).

12.3 Where liability cannot be excluded, our total liability is limited to the lesser of:

(1) the cost of replacing or repairing the Products; or

(2) the amount paid by you for the Products giving rise to the claim.

12.4 We supply Products for personal, domestic use only. If you use Products for commercial purposes, we exclude all liability for commercial losses to the maximum extent permitted by law.

12.5 You agree to indemnify us against all claims, losses, and expenses arising from:

(1) your breach of these Terms;

(2) your unlawful use of our Products or services;

(3) your violation of any third party rights;

(4) any false or misleading information provided by you.

12.7 Each party must take reasonable steps to mitigate any losses for which the other party might be liable

12.8 A party’s liability for any liability under these Terms will be reduced proportionately to the extent the relevant liability was caused or contributed to by the acts or omissions of the other party, including any failure by that other party to mitigate its loss.

13 General

13.1 Notwithstanding any other provision of these Terms, nothing in these Terms confers or is intended to confer any right to enforce any of its terms on any person who is not a party to it.

13.2 Disputes: Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to The Law Institute of Victoria via their website.

13.3 Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided when you submitted your order or in your account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.

13.4 Feedback and complaints: We are always looking to improve our services. If you have any feedback or a complaint, please notify us on our contact details below and we will take reasonable steps to address any concerns you have.

13.5 Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.

13.6 Entire agreement: Subject to your rights under the consumer law rights, the Terms contain the entire understanding and agreement between you and us in respect of their subject matter. Each Party agrees that it will have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms.

13.7 Amendment: We may, at any time and at our discretion, vary these Terms by publishing varied terms on the Site. Prior to placing an order, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any order that has been accepted by us, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you placed your order.

13.8 Governing law: These Terms are governed by the laws of Victoria. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Melbourne, Victoria and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. The Site may be accessed in the Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside of the Australia. If you access the Site from outside the Australia, you do so at your own risk and are responsible for complying with the laws in the place you access the Site.

13.9 Third party Sites: The Site or an Order Form may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase products from a third party website linked from the Site or an Order Form, such third party provides the products to you, not us. We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the Site (Affiliate Link) or for featuring certain products or services on the Site. We will make it clear by notice to you which (if any) products or services we receive a benefit to feature on the Site, or which (if any) third party links are Affiliate Links.