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Terms & Conditions

TERMS OF USE

Last Revised: July 2022

1. OVERVIEW

This Terms of Use agreement (“Agreement”) is entered into by and between SAPHIRA DIAMONDS PTY LTD, ABN 62 648 840 420, registered in Melbourne, 3000, Victoria, Australia (“SAPHIRA”, or referred to herein as “us”, “our” or “we”) and you (referred as “you”, “your”, “User” or “customer”), and is made effective as of the date of your use of our website www.saphiradiamonds.com.au (“Site”), social media, mobile applications, forms, email, phone, Saphira Experience & Care Centre (together the “Platforms”). The Platforms are owned and edited by SAPHIRA DIAMONDS PTY LTD.

Please read these Terms of Use carefully before using the Platforms. By using the Platforms, you signify your assent and agreement to these Terms of Use. If you do not agree to these Terms of Use, then you are not authorised to continue use of the Platforms. 

2. CHANGES TO TERMS OF USE

SAPHIRA may, in its sole and absolute discretion, change or modify this Terms of Use, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site or Platforms. Your use of this Site or the Platforms after such changes or modifications have been made shall constitute your acceptance of this Terms of Use as last revised. The latest version of these Terms of Use will always be available on the Platform. You are responsible to check our website periodically for changes. 

If you do not agree to be bound by this agreement as last revised, do not use (or continue to use) this Site or the services and Platforms.

3. ELIGIBILITY 

The Platforms are available only to Users who can form legally binding contracts under applicable law. By using our Platforms, you represent and warrant that you are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law, and (iii) are not a person barred from purchasing or receiving the Services found under the laws of Australia or other applicable jurisdiction.

If you are entering into this Term of Use on behalf of a company or any corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms “you”, “your”, “User” or “customer” shall refer to such corporate entity. If, after your use of our Platforms, SAPHIRA finds that you do not have the legal authority to bind such a corporate entity, you will be personally responsible for the obligations contained in this Agreement.

4. PRIVACY POLICY 

Our information collection practises on the Platforms, such as the types of information we collect regarding visitors to the Platforms and the ways in which we may use that information, are governed by the terms of our Privacy Policy.

5. COOKIES POLICY 

Cookies are small pieces of information that your browser stores on your computer hard drive. We use cookies to provide us with site usage information as well as to assist us to improve and develop the products and services we offer. Our cookies do not contain any personal identifiable information. If you disable cookies on your web browser you may not be able to fully experience all features of the Website. Our Cookies are governed by the terms of our Cookies Policy.

6. CONDITIONS OF SALE 

Customers purchasing products and services online on our Platforms or by phone through the Saphira Experience & Care Centre must read the Conditions of Sale, which will govern the terms and conditions of any such purchases. The provisions entitled “Limitation of liability” below do not cover the sale of products online or over the phone and please refer to the Conditions of Sale for the relevant exclusions and limitations of liability.

7. INTELLECTUAL PROPERTY 

SAPHIRA owns the intellectual property rights (including copyright and trademarks) in the Platforms. You must not copy, modify, transmit or adapt the contents of this Site and Platforms or this Site and Platforms themselves or otherwise infringe our intellectual property.

Unless otherwise stated, you should assume that everything that you see or read on the Platforms, including without limitation all information, SAPHIRA’s designs or products, images, photographs, including any person represented in the photographs, illustrations, icons, texts, video clips, music, written and other materials (“Saphira Content”) are owned by SAPHIRA and protected by legislation such as copyright, designs and trademark legislation and under international treaty provisions and national laws worldwide. You are not authorised to sell, reproduce, distribute, communicate, modify, display, publicly perform, report or otherwise prepare derivative or second hand works based on or use any Saphira Content in any way for any public or commercial purposes. 

You may download one computer copy or print one copy of the material made available to you via the Platforms, for your own non-commercial, educational, private or domestic use only and provided that all Saphira Content is intact and in the same form as presented on this Site or Platforms (including all copyright, trade mark and other proprietary notices). Except as expressly provided above, nothing contained in the Terms of Use will grant, or is intended to be construed as conferring, any licence or right in, or an assignment of all or part of, any intellectual property rights in the Saphira Content, without our express written agreement.

In the event of breach of any of these Terms of Use, your permission to use Saphira Content will automatically void and any copies made of Saphira Content must be immediately destroyed. Any unauthorised use of Saphira Content may infringe copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

8. SUBMISSIONS 

Any material that you send to use on or via this Site or our Platforms will be deemed non-confidential and non-proprietary. This includes any data, questions, comments, suggestions, feedback, blogs, artwork, images, ideas or other information, material or property (together, “Submissions”). By sending Submissions to our Platforms, you automatically grant SAPHIRA a free of compensation, worldwide, royalty-free, perpetual, irrevocable, non-exclusive licence to use, reproduce, modify, publish, edit, translate, distribute, perform, and display such Submissions alone, or as a part of other works in any form, media, or technology whether now known of hereafter developed and to sublicense such rights to anyone. Anything that you transmit may be used by SAPHIRA for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting, or developing, manufacturing and marketing products using such information.

Submissions do not concern the communication of personal information to SAPHIRA in relation to customer enquiries, the use of services or the purchase of products by phone or through our Platforms. These are governed by the rules stipulated in our Privacy Policy.

From time to time on certain areas of our Platforms you may be able to submit product reviews, questions, testimonials, written posts or responses, images, and certain other materials (together, “User Content”). When using our Platforms, you understand and agree to:

Submissions should not include:

SAPHIRA, in its absolute discretion, reserves the right to:

As a User, your have the following rights:

You represent and warrant that you own all of the User Content submitted, displayed, published or posted by you on the Website and otherwise have the right to grant the licence set out in these Terms of Use, and the displaying, publishing or posting of any content you submit, and our use of that content or material does not and will not violate the privacy rights, publicity rights, copyrights, trade mark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.

Furthermore, SAPHIRA assumes no liability for any information removed from our Platforms, and reserves the right to permanently restrict access to the Website or a user account. For greater certainty, and without limiting the effect of the foregoing, we reserve the right, in its sole and absolute discretion, to modify, edit or remove any User Content, or to request a user to modify or edit their User Content, if a complaint or notice of allegedly infringing materials is received with respect to the User Content, or for any other reason. Please let us know if you see any Submissions which do not comply with our rules.

9. PROHIBITED USES 

In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the Platforms or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

10. LINKS TO THIRD-PARTY WEBSITES 

The Platforms may contain links to third-party websites or services that are not owned or controlled by SAPHIRA. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services. Accordingly, SAPHIRA encourages you to be aware when you leave this Site or our Platforms and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.

Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

11. DISCLAIMER OF REPRESENTATIONS 

SAPHIRA has created its various Platforms (this Site, social media, mobile applications, forms, email, phone, Saphira Experience & Care Centre) to provide information about us and products for your personal use. Whilst considerable effort has been made to ensure that the visual representations of SAPHIRA products and services displayed on the Platforms are representative of the colour, design, style, typography, etc. of the original products, slight variations, distortions and/or differences may be apparent when compared to the original product. This may, for example, be due to technical issues such as your browser or computer settings. Accordingly, SAPHIRA cannot be held liable for any apparent differences in the product images represented on the Platforms and the original products. Saphira content is subject to change at any time without notice and may not be up to date or accurate at the time you view it. We strongly advise you to book an appointment to visit our showroom prior to making a purchase online or by phone, should your concern of variations of products arise.

12. LIMITATION OF LIABILITY 

This clause applies to the Platforms and not to the products and services that may be sold online, by phone or at our Showroom. Warranties in relation to any products that you purchase from Saphira Platforms or Showroom will be determined in accordance with our Conditions of Sale and not under this clause.

To the maximum extent permitted by applicable law:

SAPHIRA makes no representation that the Contents of the Platforms comply with the laws of any country outside Australia. If you access this Site or our Platforms from outside Australia, you are liable for ensuring compliance with all laws in the place where you are located.

Please note that in some jurisdictions consumer protection laws may not allow certain exclusions or limitation of warranties or liabilities, and consequently some of the above exclusions and limitations may not apply.

13. INDEMNITY 

You agree to protect, defend, indemnify and hold harmless SAPHIRA and its officers, directors, employees, agents from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by us directly or indirectly arising from (i) your use of and access to this Site and our Platforms; (ii) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

14. DATA TRANSFER 

If you are visiting our Platforms from a country other than the country in which our servers are located, your communications with us may result in the transfer of information across international boundaries. By visiting this Site and the Platforms, and communicating electronically with us, you consent to such transfers. Any possible transfers are governed by the rules stipulated in our Privacy Policy.

15. AVAILABILITY OF WEBSITE 

Subject to the Terms of Use of this Agreement and our policies, we shall use commercially reasonable efforts to attempt to provide this Site and our Platforms on a 24/7 basis. You acknowledge and agree that from time to time this Site and Platforms may be inaccessible for any reason including, but not limited to, periodic maintenance, repairs or replacements that we undertake from time to time, or other causes beyond our control including, but not limited to, interruption or failure of telecommunication or digital transmission links or other failures.

You acknowledge and agree that we have no control over the availability of this Site and Platforms on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto. You agree that SAPHIRA may modify or discontinue providing any of the Platforms, with or without notice to you. You agree that Cartier will not be liable to you or any third party as a result of such modification or discontinuation. 

16. TERMINATION 

The Terms of Use are effective until terminated by SAPHIRA. You agree that SAPHIRA may terminate or suspend your access to and use of the Platforms if we reasonably believe that you have violated or acted inconsistently with the letter or spirit of these Terms of Use, or violated the rights of SAPHIRA. 

In addition to any other termination rights set out in these Terms of Use, we may terminate this Agreement and your access to the Platforms in its absolute and sole discretion at any time with or without notice. In the event of termination, you are no longer authorised to access or use this Site or our Platforms. All restrictions imposed on you, together with all disclaimers, limitations of liability and indemnities set out in the Terms of Use, will survive the  termination of these Terms of Use and will continue in full force and effect.

17. GOVERNING LAW 

By using our Platforms, you agree that any claim or dispute arising in connection with these terms and conditions, or your use of this Website, will be resolved in accordance with the law applying in the State of Victoria and under the exclusive jurisdiction of the courts of Victoria and of the Commonwealth of Australia.

18. SEVERABILITY 

Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.

CONTACT INFORMATION 

If you have any questions about this Terms of Use, please contact us by email or regular mail at the following address:

SAPHIRA DIAMONDS PTY LTD
ABN 62 648 840 420
Data Protection Officer
Postal Address: PO BOX, Melbourne VIC 3000, Australia
Email: info@adriana_admin

 

CONDITIONS OF SALE

Last Revised: July 2022

1. OVERVIEW

This Conditions of Sale agreement (“Agreement”) is entered into by and between SAPHIRA DIAMONDS PTY LTD, ABN 62 648 840 420, registered in Melbourne, 3000, Victoria, Australia (“SAPHIRA”, or referred to herein as “us”, “our” or “we”) and you (referred as “you”, “your”, “User” or “customer”), and is applicable to any order placed in any of the following sales channels:

Together, our sales channels above are referred to as “Platforms”.

Please read these Conditions of Sale carefully before using the Platforms. By placing any order of goods and services or by confirming your electronic acceptance (through ticking the box), you express your understanding, consent and agreement to these Conditions of Sale. In the instance of your refusal to accept this Agreement, you will not be able to order any Saphira products and services from the Platforms.

2. PRODUCT DESIGNATION 

At SAPHIRA we designate our products into two divisions, regarding its handcrafting process:

2.1. Bespoke & Signature Bridal + Custom Designed Fine Jewellery

Signature Bridal: together, our unique “Signature Bridal” comprises our Signature Engagement Rings and Signature Wedding Bands. They are exclusively designed by SAPHIRA and represent the essence of our brand. Inspired by fine lines and elegance, the Signature Bridal is specially made to suit the admirers of this range, allowing our clientele to choose ring size, metal, metal colour, claw number, gemstone and gemstone weight. In order to purchase our Signature Engagement Rings, you are required to visit our Showroom with a Consultation appointment or over the phone/video meetings via our Saphira Experience & Care Centre. As to our Signature Wedding Bands, you are able to purchase them in all of our Platforms. 

Bespoke Bridal: Our Bespoke Bridal is made for the clientele who want to not only have a SAPHIRA creation, but also co-design the product with us. We will custom craft your dream Engagement Ring or Wedding Band according to your concept, providing guidance, education, ideas and consultations throughout the process. You are only able to create a Bespoke Bridal jewellery via Consultations in our Showroom or over the phone/video meetings through our Saphira Experience & Care Centre. 

Custom Designed Fine Jewellery: equivalent to our Bespoke Bridal, our Custom Designed Fine Jewellery follows the same process in order to create your dream Fine Jewellery. Due to its singular process, you are required to visit our Showroom with a Consultation appointment or over the phone/video meetings via our Saphira Experience & Care Centre to create your Custom Designed Fine Jewellery.

2.2. Made-to-Order Fine Jewellery

Together, “Made-to-Order Fine Jewellery” encompasses all jewellery that is not labelled Bespoke & Signature Bridal or Custom Designed Fine Jewellery. Our unique Made-to-Order Fine Jewellery range is exclusively designed by SAPHIRA and is specially created to suit our clientele needs, allowing you to choose ring size, metal and metal colour. We have designed all of our Made-to-Order Fine Jewellery envisioning the perfect design, therefore, you are unable to make any further tailoring besides the ones stated. You can purchase our Made-to-Order Fine Jewellery in all of our Platforms.

We believe that people and moments are special, so is every creation we carefully custom craft at SAPHIRA. Our creations are always designed to exclusively embrace the uniqueness of every client, therefore, we do not offer ready-to-ship jewellery. All of SAPHIRA creations are personalised at the minimum by size, metal and metal colour to attend to our clients individual preferences.

The classifications above are important to understand our jewellery production journey, timelines, warranty and payment terms. These Conditions of Sale apply to both products categories or otherwise stated hereafter, should different conditions apply to each.

3. BOOKING CONSULTATIONS & SERVICES 

Visits to our Showroom are made with appointments only. For all in-store or virtual Consultations and Services, an appointment booking must be made online. You can choose a day and time of your convenience via our Appointment Concierge here.

At SAPHIRA, the appointment for a Consultation is the starting point of your path towards making your bespoke dream jewellery come true. Our Consultation is the excellent moment to receive a carefully crafted and comprehensive education, guidance, ideas and discussion of design concepts. 

For select Consultations, a fee will be charged at the time of booking in order to have that appointment allocated for you. This fee is non refundable in the event of change of mind cancellations and no shows. In the event of late arrival your appointment length will be shortened to ensure there is no disruption to the subsequent schedule. If you are more than 15 minutes late, your appointment will need to be rescheduled and we may retain the Appointment fee (by way of liquidated damages).

Appointments may be rescheduled up to 48 hours before the booked appointment, however are subject to availability. To reschedule your appointment, contact the Saphira Experience & Care Centre at info@saphiradiamonds.com

4. ORDERS

The orders of goods and services through all of our Platforms are available only to Users aged 18 years or over, be legally qualified of entering into binding contracts and the owner or authorised holder of a valid debit/credit card, if paying for the Products with a debit/credit card. You must also have an active email account and a telephone number at which you can be easily contacted.

4.1. Online Orders (available only for Signature Wedding Bands and Made-to-Order Jewellery)

If you are ordering on this Site, orders will follow the procedures below: 

Note: If you place any Products in your Bag and accept our Conditions of Sale but do not complete your order (including if you do not provide your shipping or payment details or if you close your internet browser window before completing the order process), you agree that we may send you one or more emails reminding you that you have an uncompleted order and prompting you to visit our online store to complete your purchase.

Once you have submitted and confirmed your order online, you will receive in writing to the email address you provided, an Acknowledgement of Order receipt which will contain an Order Reference Number and will set out details of the ordered Products. Please note the Order number is required when contacting the Saphira Experience & Care Centre. This Acknowledgment of Order is not an acceptance of your order. Following the transmission of the Acknowledgement of Order, SAPHIRA will conduct its usual credit, anti-fraud, security and related legal checks and, if acceptable, will then process your order.

Following completion by SAPHIRA of such checks, including material availability, a written Confirmation of Order Production will be sent to your email. The existence of a binding sales contract between you and SAPHIRA on these Conditions of Sale is formed when we email you confirming that all or part of the order has started its custom handcrafting production.  

These Conditions of Sale will be provided to you with the Acknowledgment of Order. Please carefully review these Conditions of Sale upon receipt.

4.2. Orders processed outside this Site:

For all orders that are not sold or cannot be processed online on this Site inclusive of products available online that the clientele opts for further advice, assistance or guidance, can only be made followed by one of the Consultation appointments below:

These Consultations can take place at our Showroom or virtually via phone/video call and the orders of the below products will follow its respective Consultation above:

5. INVOICES

When ordering products on our Platforms­, you will receive, as the buyer, an invoice that will be sent to you in writing (to your email address as a .pdf attachment or otherwise). You may also at any time later request an invoice by contacting us via the Saphira Experience & Care Centre. SAPHIRA may request that you provide proper identification as a condition to comply with such request.

6. PRICES & TAXES

All prices displayed on the product pages of this Site, our Platforms or quoted by the Saphira Experience & Care Centre are in Australian Dollars (AUD). Prices for the Products include GST  (currently 10%) or other applicable taxes but do not include charges for shipping and handling. If shipping from outside Australia, taxes may be payable by you as levied by authorities in the country of delivery upon importation to that country. 

Separate charges for shipping, handling and their related GST or other taxes will be shown in your Acknowledgement of Order Confirmation email and can be viewed on a summary screen prior to finalising your order. 

If there is a pricing error, whether on our Platforms or in an Acknowledgement of Order Confirmation email or otherwise, then to the extent permitted by law SAPHIRA has the right to correct such error and charge the correct price or cancel the order. If the actual price is more than the amount shown on your Confirmation email. SAPHIRA will contact you with the correct price before processing your order, and your sole remedy if such error occurs is to cancel your order.

You acknowledge that even after SAPHIRA has sent you an Order Production email, if the pricing error is obvious and could have reasonably been recognised by you as a misprice, then SAPHIRA is under no obligation to provide a product to you at an incorrect (lower) price.

We reserve the right to change or alter Prices of Products and Services on the Website without notice to you, unless you have already submitted an Order at a stipulated Price, in which case there will be no change or alteration in the Price (provided your Order is not affected by an obvious pricing error, in which case the procedure mentioned heretofore apply).

7. PAYMENT POLICY

7.1. Online Orders

All orders, fees for appointment of Services and consultations placed online require full payment immediately at the time of placing the order. The payment must be made by one of the methods you have selected during the checkout process (being VISA, MasterCard, American Express, PayPal, AfterPay, Apple Pay or gift card). The name on the credit card must be the same as the name of the person placing the order.  

All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorise payment to SAPHIRA, you will need to contact your card issuer directly to solve this problem.

Afterpay

Afterpay offers interest-free payment plans for your SAPHIRA purchases online. Confirm and receive your order, then pay it off in four equal instalments fortnightly. Afterpay is currently available online for customers based in Australia only.

Afterpay is available as a payment option for online orders up to a maximum of $2000 (including any applicable shipping charges). All orders are subject to Afterpay limits and approval. For Afterpay terms please visit http://www.afterpay.com.au/terms

7.2. Bespoke & Signature Wedding Bands and Made-to-Order Fine Jewellery via Saphira Experience & Care Centre (phone, emails and Consultations)

Once we have agreed on a design, diamonds and/or gemstones, you will be quoted for the production. All Bespoke & Signature Wedding Bands and Made-to-Order Fine Jeweller require full payment prior commencing production. Payment is available through bank transfer, VISA, MasterCard, American Express and PayPal.

7.3. Bespoke & Signature Engagement Rings and Custom Designed Fine Jewellery via Saphira Experience & Care Centre (phone, emails and Consultations)

Once we have agreed on a design, diamonds and/or gemstones, you will be quoted for the production. A deposit payment of 50% of the quote is required to secure the diamonds and/or gemstones that will be used in the Bespoke & Signature Engagement Rings and Custom Designed Fine Jewellery pieces. We reserve the right to determine the deposit based on the total value of the piece and the materials we have used. Payment is available through bank transfer, VISA, MasterCard, American Express and PayPal.

It is categorically agreed between you and SAPHIRA that any piece produced by SAPHIRA  will remain our property until payment is received in full, with no exceptions.

If payments are not made in accordance with the conditions stated above, you expressly agree that SAPHIRA will not be responsible for production delays that could emerge.

After completion, we guarantee to maintain satisfactory correspondence with you in order to finalise any outstanding financial obligations. The client’s failure to provide any means of adequate correspondence with Saphira could result in forfeiting the contract of the service provided and the product produced will remain the property of Saphira.

6. DELIVERY & SHIPPING COSTS

When making the purchase, clients can opt to collect their products in person at our showroom, through a “Collection Appointment”, that can be booked here. Clients can also opt for shipping their products, inclusive of Melbourne residents.

6.1. SHIPPING WITHIN AUSTRALIA

Complimentary shipping to all products shipped within Australia. Orders within Australia are shipped via Australia Post Express Post with tracking included. Your product will be shipped in an unbranded packaging and fully insured. Signature on delivery is mandatory, consequently we cannot ship to a P.O Box.

Orders can be tracked through the Australia Post website. Once your item has been dispatched we will notify you via email or text with your tracking number. If notified via email, please check your spam/junk mail for any missing order confirmations and tracking information.  

6.2. INTERNATIONAL SHIPPING

We offer international, fully insured shipping via FedEx International Priority Service, at a flat rate of $60AUD. Once your order has been dispatched, you will receive an email confirmation of dispatch, including your tracking information. Please note that any import duties or taxes incurred by the receiving country are the sole responsibility of the recipient.

6.3. DUTIES AND IMPORT TAXES

Import duties and taxes may be relevant to international shipments outside of Australia. Please note that prices do not include overseas custom duties or taxes that may incur.

Once your order arrives to your destination country, you will be liable for all custom fees and taxes that may be incurred to release the parcel. Saphira will not process a refund at the event of a client’s refusal to pay the relevant duties/fees for the order. In case the shipment is returned as a consequence of unpaid duties/fees, payment for the redelivery of the item will be at the client’s discretion.

6.4. SHIPPING DELAYS

Due to current global shipping conditions, delays can occur. Saphira cannot be accountable for late deliveries. Any incorrect shipping/delivery information provided will result in not being identified by Australia Post or Fedex. Please review shipment/delivery information carefully before placing your order, as Saphira is not liable for incorrect data provided by the customer. 

Please note that we are unable to redirect orders after items have been dispatched and we cannot refund or replace items that are tracked as being delivered.

7. ORDER CANCELLATION, RETURNS, EXCHANGES & REFUNDS

We kindly ask you to choose your products carefully and thoroughly review your order before submitting your purchase. Due to the nature of our products such products that have been personally tailored to your needs in any way or otherwise made to your bespoke specifications cannot be returned to us for exchange or refund (except where defective), and are considered final upon receipt of a written Confirmation of Order and can therefore not be cancelled, as described in these Conditions of Sale. This does not affect your consumer rights.

No alterations are possible to be made after 24hs of placing the order. Please, do not hesitate in contacting us here, should you have any questions prior to your purchase, as we are unable to alter size, metal colour or any other specification of your jewellery and no exchanges or refunds are allowed for those reasons. However, change of address and name can be made at any time before dispatch.

Please note that we have a very strict Quality Control and we guarantee to provide a free of defects product. In the rare event that a manufacturing defect is not detected in our quality control practices, we will repair the damage without charge and cover all relevant shipping fees. You will be entitled to a refund, store credit or exchange should we fail to provide you with adequate repairing or replacement of the faulty product.

8. RESIZING & PRODUCT REMODELLING OR REMANUFACTURING

All SAPHIRA products are custom made-to-fit, therefore it is of utmost importance confirming the correct size prior to commencing its handcrafting stage.

We offer 1 (one) complimentary resizing for all Bespoke & Signature Engagement Rings and Custom Designed Fine Jewellery valid exclusively for 6 months from their collection/dispatched date. 

Due to the nature of intrinsicate designs of our Made-to-Order Fine Jewellery, we are unable to offer resizings. We highly encourage clients to order our complementary ring sizer to confirm their sizes, alternatively an appointment to visit our showroom can be arranged here so the SAPHIRA team can assess the correct size for their jewellery.

Please note that any ring resizing is subject to be evaluated under our resizing guidelines. Any major modification and resizing that may compromise the safety of the ring, or that would implicate a complete ring remanufacture it will not meet the resizing service, but will be considered Product Remodelling or Remanufacturing. Remodellings and remanufacturings are not complementary and will be billed accordingly prior the service is performed with the client’s consent.

SAPHIRA may reserve the right to decline a resizing service, should it compromise its ring safety and structural integrity, and if a ring fails to fall under a remanufacturing instead, the client will be notified prior commencing the service and charged accordingly if consent is given.

SAPHIRA only performs remodelling services in products manufactured by ourselves and at the very exception we accept remodelling of products produced by a third party, we will use our discretion to accept, and a GIA certificate of the diamonds will be required prior to the quoting and remodelling process.

9. PRODUCT CARE

SAPHIRA guarantees a high standard Quality Control over our pieces and we only craft our jewellery with the finest quality materials. Every piece is handcrafted to order by our in-house Master Jeweller with over 30 years of experience.  In order to extend the life of your creation and guarantee its outstanding condition, regular servicing and cleaning is highly recommended. Is it also of utmost importance when ordering our pieces, it is the client’s responsibility to ensure the products are adequate for the intended use. SAPHIRA is not liable for the deterioration in appearance or damages caused by improper product use, failing to maintain  regular servicing or for not following the care guidelines below:

10. WARRANTY

FOR BESPOKE & SIGNATURE BRIDAL AND CUSTOM DESIGNED FINE JEWELLERY: SAPHIRA LIMITED LIFETIME WARRANTY AND SERVICING 

We stand by the quality and craftsmanship of every creation we make, and every piece is thoroughly inspected before presenting it to you. As our bespoke jewellery is handmade with the highest quality materials, we guarantee that they are delivered free of manufacturing defects. For this reason, we provide the voluntary Saphira Limited Lifetime Warranty for any Bespoke & Signature Bridal and Custom Designed Fine Jewellery piece against manufacturing defects from the date of their completion.

In the rare event that a manufacturing defect is not detected in our quality control practices, we will repair the damage without charge and cover the relevant shipping fees. This warranty will only be valid if the jewellery is proven by our independent jewellers to be defective due to the manufacturing process. In the circumstances that your jewellery does not present manufacturing defects, the customer will be responsible for any shipping fees and will be charged based on related repairs undertaken to the piece to its original condition, the cost of any repair will be disclosed for approval prior to the service being performed. We recommend opting for a trusted and trackable shipping service for all shipping of jewellery that are not covered by our warranty, as Saphira is not liable for any lost, damaged, or stolen parcels.

In order to ensure that your jewellery will be always kept at the highest Saphira standards, and to promote a reduction in the dilapidation effects of mild wear and tear, we also provide the following lifetime annual complimentary services:

It is important to note that the voluntary Limited Lifetime Warranty for Bespoke & Signature Bridal and Custom Designed Fine Jewellery does not include significant wear and tear, which may be resulted from:

We advise booking your complimentary servicing yearly. Re-plating your jewellery or any repairs that are not covered by our Limited Lifetime Warranty for Bespoke & Signature Bridal and Custom Designed Fine Jewellery will be quoted to you before the work is performed.

Please note that repairs and services (including resizing) performed by an external jeweller or third party will void this warranty.

We strongly recommend investing in an independent personal insurance for your Saphira creations for any circumstances that occur beyond our control, such as the ones resulting from wear and tear, loss, theft and much more. More information on how to insure your Saphira creation can be found here.

All repairs and servicing require an appointment, please refer to our Appointment Concierge at www.saphiradiamonds.com and book at a date of your convenience.

Your Rights Under Australian Consumer Law

All Saphira products come with guarantees that cannot be excluded under the Australian Consumer Law. Saphira’s voluntary warranty does not override your rights under Australian Consumer Law.  Saphira’s voluntary warranty provides benefits in addition to your other rights and remedies under the Australian Consumer Law or any other applicable consumer law in Australia; and does not exclude, restrict, modify, limit, replace or override your rights under the Australian Consumer Law, including the consumer guarantees. 

If your Saphira products are defective, you are entitled to a replacement or refund for a major failure or may be entitled to recover costs for an amount for the reduction in the product’s value and in some cases compensation for damages or loss.  You are also entitled to have the goods repaired if the goods fail to be of acceptable quality and the failure does not amount to a major failure. . Note: “major failure” has a specific meaning under the Australian Consumer

Note: The general comments above are not a comprehensive or exhaustive summary of the Australian Consumer Law. Full details of your consumer rights may be found at www.consumerlaw.gov.au 

FOR MADE-TO-ORDER FINE JEWELLERY: THE SAPHIRA SIX MONTH LIMITED WARRANTY AND SERVICING 

We stand by the quality and craftsmanship of every creation we make, and every piece is thoroughly inspected before presenting it to you. As our made-to-order fine jewellery is handmade with the highest quality materials, we guarantee that they are delivered free of manufacturing defects. For this reason, we provide the voluntary Saphira Limited Warranty for any Made-to-order Fine Jewellery piece against manufacturing defects from the date of their completion for a period of six (6) months.

In the rare event that a manufacturing defect is not detected in our quality control practices, we will repair the damage without charge and cover the relevant shipping fees for that period of six (6) months. This warranty will only be valid if the jewellery is proven by our independent jewellers to be defective due to the manufacturing process. In the circumstances that your jewellery does not present manufacturing defects, the customer will be responsible for any shipping fees and will be charged based on relative repairs undertaken to the piece to its original condition, the cost of any repair will be disclosed for approval prior the service being performed. We recommend opting for a trusted and trackable shipping service for all shipping of jewellery that are not covered by our warranty, as Saphira is not liable for any lost, damaged, or stolen parcels.

We also provide the following lifetime complimentary service:

It is important to note that the voluntary Saphira Six Month Limited Warranty for Made-to-order Fine Jewellery does not include wear and tear, which may be resulted from:

Re-plating your jewellery, servicing or any repairs that are not covered by our Six Month Limited Warranty for Made-to-order Fine Jewellery will be quoted to you before the work is performed.

Please note that repairs and services (including resizing) performed by an external jeweller or third party will void this warranty.

We strongly recommend investing in an independent personal insurance for your Saphira creations for any circumstances that occur beyond our control, such as the ones resulting from wear and tear, loss, theft and much more. More information on how to insure your Saphira creation can be found here.

All repairs and servicing require an appointment, please refer to our Appointment Concierge at www.saphiradiamonds.com and book at a date of your convenience.

Your Rights Under Australian Consumer Law

All Saphira products come with guarantees that cannot be excluded under the Australian Consumer Law. Saphira’s voluntary warranty does not override your rights under Australian Consumer Law.  Saphira’s voluntary warranty provides benefits in addition to your other rights and remedies under the Australian Consumer Law or any other applicable consumer law in Australia; and does not exclude, restrict, modify, limit, replace or override your rights under the Australian Consumer Law, including the consumer guarantees. 

If your Saphira products are defective, you are entitled to a replacement or refund for a major failure or may be entitled to recover costs for an amount for the reduction in the product’s value and in some cases compensation for damages or loss.  You are also entitled to have the goods repaired if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

Note: The general comments above are not a comprehensive or exhaustive summary of the Australian Consumer Law. Full details of your consumer rights may be found at www.consumerlaw.gov.au 

11. REPAIRS

Any jewellery repairs that are not covered under our Limited Warranties are only performed with the Client’s consent and will be quoted accordingly. Clients are encouraged to reach the Saphira Client & Care to discuss the repair service and explore the options available.

12. INSURANCE

If you wish to look after your jewellery beyond basic care, and experience the freedom to enjoy your creation as it was intended, one of the recommended ways to protect your piece is by independently insuring your investment. With this optional care step, you can guarantee peace of mind that you are covered against any of life’s uncertainties.

As Q-Certified Jewellers, we are proud to offer specialised insurance with the Q-Report that provides the most comprehensive coverage for your precious piece beyond what is offered by our Saphira Limited Manufacturing Warranty. Independent jewellery insurance covers beyond what is typically offered by Home and Contents insurance. You will rest assured that your beautiful creation will be covered worldwide for:

You will also receive an annual complimentary revaluation of your piece and you will be able choose to return to us in the event of a claim. If you would like to insure your Saphira creation, please do not hesitate to contact us so that we can assist you in covering your investment. 

13. AVAILABILITY OF PRODUCTS

SAPHIRA endeavours to ensure that all information provided in our Platforms is accurate and updated. However Saphira makes no guarantees, whether expressed or implied, in relation to the accuracy, reliability and completeness of such information. No product price is formally confirmed until an Order Confirmation has been issued by Saphira (indicating the existence of a binding sales contract). If the actual  product price or information is not in accordance with our Platforms, we will contact the Customer for instructions before shipping the order or, if we cannot obtain your instructions, reject the order and notify you of such rejection. If the order is rejected and you have already paid for the product, you will receive a full refund.

14. LIMITATION OF LIABILITY

This clause applies to these Conditions of Sale, and to all information regarding them at Saphira’s Platforms. The limitations related to the Terms of your use of the Platforms can be found in the Terms of Use. 

You acknowledge and agree that:

Please, we highly recommend that you ensure that prior placing an order, all descriptions are read and all information is understood and that the Product or Service offered are suitable for the intended use. If any questions arise, the Saphira Experience & Care is the final point of reference for any clarifications and queries.

15. FORCE MAJEURE

You agree and understand SAPHIRA is not responsible for deadlines determined by the customer. All of our products are handmade to order, therefore any gemstones sourcing and its subsequent transit, the customer’s approval of the design and every alteration of it, the handmade crafting are all subject to delays. Any timeline provided by SAPHIRA is an estimate and, as we endeavour to meet these timelines, they’re based on the conventional ordering process. Accordingly, delays in communication with clients, multiple alterations on the previously agreed design or a complete remodelling, unfulfilled payments will impact in the final production timeline.

Saphira is not responsible for any obstructions that are out of our control, such as:

Please ensure before purchasing you are reading the product description, production lead times and any delays will be stated on the product description page. Should any questions arise, please do not hesitate to reach our Saphira Experience & Care so we can discuss optimal timelines, rush orders or most current timelines.

16. INTELLECTUAL PROPERTY & USE OF IMAGE

Intellectual Property & Copyright

SAPHIRA owns the intellectual property rights (including copyright and trademarks) of all jewellery we design. Unless otherwise stated, you should assume that everything that you see or read on the Platforms, including without limitation all information, SAPHIRA’s designs or products, images, photographs, including any person represented in the photographs, illustrations, icons, texts, video clips, music, written and other materials (“Saphira Content”) are owned by SAPHIRA and protected by legislation such as copyright, designs and trademark legislation and under international treaty provisions and national laws worldwide. SAPHIRA holds the copyrights, trademark and intellectual property of any jewellery that could be designed based on any client’s feedback, remarks or comments. SAPHIRA holds an irrevocable, perpetual, non-exclusive, royalty-free, worldwide licence to use, telecast, copy, perform, display, transmit, reproduce, edit, distribute, copy, edit, change, modify, add to, subtract from and otherwise exploit any designs we create, or any portion thereof, in any manner (including without limitation for promotional and advertising purposes) and in any and all media now known or hereafter devised, and to prepare derivative works of, or incorporate into other works, and to grant and authorise sublicenses of the foregoing without any compensation to you or to any third party. 

Use of Image

Every jewellery we design is also our artwork and part of our licence, copyright and trademark and Saphira has unlimited right to use the image of them. Saphira has the irrevocable, perpetual and unrestricted right and permission to use images of all jewellery we design. Saphira also has an irrevocable, perpetual, non-exclusive, royalty-free, worldwide licence to use, telecast, copy, perform, display, transmit, reproduce, edit, distribute, copy, edit, change, modify, add to, subtract from and otherwise exploit the designs images, or any portion thereof, in any manner (including without limitation for promotional and advertising purposes) and in any and all media now known or hereafter devised, and to prepare derivative works of, or incorporate into other works,  and to grant and authorise sublicenses of the foregoing without any compensation to you or to any third party. 

Saphira will ensure the client’s name, privacy information and any identifying markers will be preserved when releasing our in-house produced image of our designs. We are exempt of client’s privacy preservation when we use images that are not produced and reproduced by SAPHIRA or our affiliates, and that were voluntarily provided by our clients, or when we repost client’s images that were reproduced on their social media and tagged our official brand’s social media channels, on these instances, Saphira will credit the images accordingly. 

Due to the nature of the uniqueness of some occasional designs, we commit to refrain from reproducing any pictures of these highly unique designs on our Platforms for 4 weeks (or unless agreed by both parties on a different timeframe) to allow clients needs and interests being met before ours. For these significantly singular designs, we will reserve the right to use images at our platforms after the 4 weeks without prior notice.

17. PRIVACY POLICY

Our information collection practises on the Platforms are governed by the terms of our Privacy Policy. By using the Platforms you are deemed, by virtue of such use, to have agreed to be bound by our Privacy Policy, which are incorporated into these Conditions of Sale by reference. The Privacy Policy may be updated at any time by us without notice.

18. COOKIES POLICY

Our Cookies are governed by the terms of our Cookies Policy. By using the Platforms you are deemed, by virtue of such use, to have agreed to be bound by our Cookies Policy, which are incorporated into these Conditions of Sale by reference. The Cookies Policy may be updated at any time by us without notice.

19. TERMS OF USE

Your use of this Site and Platforms is governed by our Terms of Use. By using the Platforms you are deemed, by virtue of such use, to have agreed to be bound by our Terms of Use, which are incorporated into these Conditions of Sale by reference. The Terms of Use may be updated at any time by us without notice.

20. CHANGES TO CONDITIONS OF SALE

SAPHIRA may, in its sole and absolute discretion, change or modify this Conditions of Sale, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site or Platforms. Your use of this Site or the Platforms after such changes or modifications have been made shall constitute your acceptance of this Conditions of Sale as last revised. The latest version of this Agreement will always be available on this Site. You are responsible to check our Platforms periodically for changes. 

If you do not agree to be bound by this agreement as last revised, do not use (or continue to use) this Site or the services and Platforms.

21. TERMINATION

These Conditions of Sale are effective until terminated by SAPHIRA. You agree that SAPHIRA may terminate or suspend your contract prior to delivery of your goods or Services to you if:

22. INDEMNITY

You agree to protect, defend, indemnify and hold harmless SAPHIRA and its officers, directors, employees, agents from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by us directly or indirectly arising from (i) your use of and access to this Site and our Platforms; (ii) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

24.  FINAL PROVISIONS

ENTIRE AGREEMENT

The Conditions of Sale, including policies incorporated herein (e.g., Privacy Policy) constitute the entire agreement between you and SAPHIRA regarding your purchase of Saphira products and services through the Platforms, and supersede any prior conditions of sale.

SEVERABILITY

In the event that any provision of the Conditions of Sale shall be determined to be partially void or unenforceable by any court having jurisdiction and for any reason whatsoever, it shall be void or unenforceable to that extent only and no further and the validity and enforceability of any of the other provisions of the Conditions of Sale shall not be affected.

2. GOVERNING LAW

By purchasing via our Platforms, you agree that any claim or dispute arising in connection with these Conditions of Sale, or your use of this Website, will be resolved in accordance with the law applying in the State of Victoria and under the exclusive jurisdiction of the courts of Victoria and of the Commonwealth of Australia.

CONTACT INFORMATION

If you have any questions about these Conditions of Sale, please contact us by email or regular mail at the following address:

SAPHIRA DIAMONDS PTY LTD
ABN 62 648 840 420
Data Protection Officer
Postal Address: PO BOX, Melbourne VIC 3000, Australia
Email: info@saphiradiamonds.com