Wishing you a warm and beautiful Easter!
1 Dictionary
In these Terms and Conditions, these words have the following meaning:
Agreement means these Terms and Conditions and the Order Form.
Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth) and any equivalent State or Territory legislation.
Business Day means any day except a Saturday, Sunday or public holiday in Victoria.
Company means GD Jewels International Pty Ltd ABN 16 675 109 387.
Consequential Loss means:
(a) any form of indirect, special or consequential loss, including loss of reputation, loss of profits, loss of actual or anticipated savings, loss of bargain and loss of opportunity; and
(b) any loss beyond the normal measure of damages.
Consumer Guarantee means a guarantee provided under Division 1 of Part 3-2 of the Australian Consumer Law.
Customer means the entity or person named in the Order Form who made an Order or otherwise requested that Goods be supplied to it by the Company. Deposit means the amount specified in the Order Form.
Warranty means any warranty set out in the Order Form.
Goods means the goods to be supplied by the Company to the Customer under an Agreement.
GST has the meaning given to it under the GST Act.
GST Act means A New Tax System (Goods and Services Tax) Act 1999 (Cth), as amended, varied or replaced from time to time.
Loss means any loss, liability, cost, expense, damage, charge, penalty, outgoing or payment however arising, whether present, unascertained, immediate, future or contingent and includes direct loss and Consequential Loss.
Order means any order or other request by or from the Consumer to the Company for it to supply to the Consumer any Goods, whether written, verbal or implied in the circumstances and includes any website operated by the Company to sell Goods.
Order Form means any Order made by the Company and the Customer.
PDH Goods means goods which, for the purposes of the Australian Consumer Law, are of a kind ordinarily acquired for personal, domestic or household use or consumption.
Purchase Price means the amount specified in the Order Form.
Specifications means any physical, qualitative, technical or descriptive specifications of the Goods as set out in the Order Form.
2 Payment of the Purchase Price
The Purchase Price is the consideration for the Goods and must be paid by the Purchaser as follows:
(a) the Deposit on the date set out in the Order Form; and
(b) the balance of the Purchase Price upon the Company notifying the Customer that the Goods have been manufactured to the Specifications.
3 Deposit
3.1 The Customer acknowledges and agrees that the Deposit is genuine pre-estimate of the costs incurred by the Company of designing, sampling, testing and manufacturing the goods in accordance with the Order.
3.2 The Customer is not entitled to a refund of the Deposit unless this Agreement is terminated in accordance with clause 11.2.
4.3 The Customer must, upon taking possession of the Goods, inspect the Goods and immediately notify the Company in writing if the Goods are not fit for any purpose for which the Customer intends to use the Goods, have any defect or otherwise do not meet any Specifications.
4.4 The Company will use its reasonable endeavours to deliver the Goods on any date specified or estimated by the Company however such dates are estimates only and the Company will not be liable for late or part delivery of the Goods and later delivery of Goods does not entitle the Customer to cancel any order for the Goods.
5 Title and risk of Goods
5.1 Title to, and property in, any Goods will remain with the Company and will only pass to the Customer once the Purchase Price is paid in full.
5.2 Risk in the Goods passes to the Customer upon the Goods leaving the Company’s premises (or that of the Company’s supplier) for delivery to the Customer from such premises and:
(b) the Customer indemnifies the Company against any Loss or damage to the Goods, however caused, occurring after risk passes to the Customer.
6 Liability
6.1 The Company acknowledges that the Customer may have certain rights under the Australian Consumer Law in respect of the Consumer Guarantees as they apply to the Goods and nothing in this Agreement should be interpreted as attempting to exclude, restrict or modify the application of any such rights.
6.2 If the Customer is a Consumer and any goods supplied by the Company to the Customer are non PDH Goods, the Company’s liability to the Customer in connection with any breach of the Consumer Guarantees in respect of those non PDH Goods is limited (at the Company’s discretion) to:
(a) the replacement of the Goods or the supply of equivalent goods;
(b) the repair of the Goods;
(c) the payment of the cost of replacing the Goods or of acquiring equivalent goods; or
(d) the payment of the cost of having the Goods repaired.
6.3 If the Customer makes a claim against the Company which includes a cause of action other than for a breach of a Consumer Guarantee then, to the extent the claim, or part of the claim, does not relate to a Consumer Guarantee and to the extent permitted by law, the Company expressly excludes all liability in respect of the goods supplied by the Company to the Customer.
6.4 In relation to the supply of Goods which are non PDH Goods, the Company’s liability to the Customer is limited to an amount equal to the lower of:
(a) the cost of replacing the Goods;
(b) the cost of obtaining equivalent Goods; or
(c) the cost of having the Goods repaired.
7 Intellectual Property
Unless expressly stated by an Agreement, the parties acknowledge and agree that as between the Company and the Customer all intellectual property rights in the Goods (including in designing or manufacturing the Goods) vests in and is owned by the Company.
9 Specifications
9.1 The Specifications are approximate only and the Company makes no representation or warranty as to the completeness or accuracy of the Specifications. Images may appear smaller or larger.
9.2 Where any instructions, materials or information in whatever form are required to be provided by the Customer to the Company before the Company can proceed with or complete the provision of the Goods such instructions, materials or information must be supplied by the Customer to the Company within a reasonable time (as determined by the Company) so as to enable the Company to deliver the Goods within any agreed time frame.
9.3 If the Customer approves any sample or prototype of a Good produced by the Company or any tests conducted by the Company on any Goods, the Customer shall be deemed to have accepted the physical, qualitative, technical or descriptive specifications, dimensions, weights or other particulars of the Goods as produced or tested by the Company.
9.4 The Company may make changes to the specifications, dimensions, weights or other particulars of the Goods as may be required from time to time by law or any safety or manufacturing requirements.
11 Termination
11.1 Without limiting the Company’s other rights under this Agreement, the Company may terminate this Agreement with immediate effect by written notice to the Customer if:
(a) the Customer fails to make any payment under the Agreement to the Company within seven days of the due date for that payment;
(b) the Customer has breached any term of this Agreement and, if the breach is capable of remedy, has not remedied the breach within 14 days or receiving notice requiring the breach to be remedied.
11.2 The Customer may terminate this Agreement with immediate effect by written notice to the Company if the Company has breached any fundamental term of this Agreement and, if the breach is capable of remedy, has not remedied the breach within 14 days or receiving notice requiring the breach to be remedied.
11.3 Each party retains any rights, entitlements or remedies it has accrued before termination, including the right to pursue all remedies available to either party at law or in equity.
12 Miscellaneous
12.1 In this Agreement a reference to a document or legislation includes a reference to that document or legislation as varied, amended, novated or replaced from time to time.
12.2 Either party may at any time, to the extent permitted by law, assign, subcontract or deal with any of its rights or obligations under this Agreement subject to the written agreement of the other party acting reasonably.
12.3 A failure to exercise or delay in exercising any right under this Agreement does not constitute a waiver and any right may be exercised in the future. Waiver of any rights under this Agreement must be in writing and is only effective to the extent set out in that written waiver.
12.4 If any provision of this Agreement is void, unenforceable or illegal and would not be so if words were omitted, then those words are to be severed and if this cannot be done, the entire provision is to be severed from this Agreement without affecting the validity or enforceability of the remaining provisions.
12.5 This Agreement constitutes the entire agreement between the Customer and the Company in respect of the supply of the relevant Goods or Services the subject of the relevant Agreement and supersede all previous communications, representations, understandings or agreements.
12.6 This Agreement governed by the laws in force in Victoria, and the Customer and the Company submit to the non-exclusive jurisdiction of the courts of Victoria.
In-Store Payments:
When purchasing in-store, payment methods include:
Online Payments:
Full payment is required at checkout with either Visa, Mastercard, or Amex.
All orders are processed in AUD.
This Privacy Policy describes how gdjewels.com.au (the “Site” or “we”) collects, uses, and discloses your Personal Information when you visit or make a purchase from the Site.
After reviewing this policy, if you have additional questions, want more information about our privacy practices, or would like to make a complaint, please contact us by e-mail at admin@gdjewels.com.au or by mail using the details provided below:
GD Jewels International Pty Ltd,Waterman Level 2, 1-3 Janefield Dr, Bundoora, Melbourne, VIC, Australia 3083
When you visit the Site, we collect certain information about your device, your interaction with the Site, and information necessary to process your purchases. We may also collect additional information if you contact us for customer support. In this Privacy Policy, we refer to any information about an identifiable individual (including the information below) as “Personal Information”. See the list below for more information about what Personal Information we collect and why.
Minors
The Site is not intended for individuals under the age of [14]. We do not intentionally collect Personal Information from children. If you are the parent or guardian and believe your child has provided us with Personal Information, please contact us at the address above to request deletion.
We share your Personal Information with service providers to help us provide our services and fulfill our contracts with you, as described above. For example:
As described above, GD Jewels use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For example:
We use your personal Information to provide our services to you, which includes: offering products for sale, processing payments, shipping and fulfillment of your order, and keeping you up to date on new products, services, and offers.
Pursuant to the General Data Protection Regulation (“GDPR”), if you are a resident of the European Economic Area (“EEA”), we process your personal information under the following lawful bases:
When you place an order through the Site, we will retain your Personal Information for our records and warranty unless and until you ask us to erase this information. For more information on your right of erasure, please see the ‘Your rights’ section below.
If you are a resident of the EEA, you have the right to object to processing based solely on automated decision-making (which includes profiling), when that decision-making has a legal effect on you or otherwise significantly affects you.
We DO NOT engage in fully automated decision-making that has a legal or otherwise significant effect using customer data.
Our processor Woocommerce uses limited automated decision-making to prevent fraud that does not have a legal or otherwise significant effect on you.
Services that include elements of automated decision-making include:
Our Site does not sell Personal Information.
A cookie is a small amount of information that’s downloaded to your computer or device when you visit our Site. We use a number of different cookies, including functional, performance, advertising, and social media or content cookies. Cookies make your browsing experience better by allowing the website to remember your actions and preferences (such as login and region selection). This means you don’t have to re-enter this information each time you return to the site or browse from one page to another. Cookies also provide information on how people use the website, for instance whether it’s their first time visiting or if they are a frequent visitor.
We use the following cookies to optimize your experience on our Site and to provide our services.
The length of time that a cookie remains on your computer or mobile device depends on whether it is a “persistent” or “session” cookie. Session cookies last until you stop browsing and persistent cookies last until they expire or are deleted. Most of the cookies we use are persistent and will expire between 30 minutes and two years from the date they are downloaded to your device.
You can control and manage cookies in various ways. Please keep in mind that removing or blocking cookies can negatively impact your user experience and parts of our website may no longer be fully accessible.
Most browsers automatically accept cookies, but you can choose whether or not to accept cookies through your browser controls, often found in your browser’s “Tools” or “Preferences” menu. For more information on how to modify your browser settings or how to block, manage or filter cookies can be found in your browser’s help file or through such sites as: www.allaboutcookies.org.
Additionally, please note that blocking cookies may not completely prevent how we share information with third parties such as our advertising partners. To exercise your rights or opt-out of certain uses of your information by these parties, please follow the instructions in the “Behavioural Advertising” section above.
Please note that because there is no consistent industry understanding of how to respond to “Do Not Track” signals, we do not alter our data collection and usage practices when we detect such a signal from your browser.
We may update this Privacy Policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal, or regulatory reasons.
As noted above, if you would like to make a complaint, please contact us by e-mail or by mail using the details provided under “Contact Us” above.
If you are not satisfied with our response to your complaint, you have the right to lodge your complaint with the relevant data protection authority. You can contact your local data protection authority, or our supervisory authority here: [Add contact information or website for the data protection authority in your jurisdiction. For example: https://ico.org.uk/make-a-complaint/]
Last updated: 16/April/2025
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