Terms & Conditions
1. Definition and Interpretation
1.1 Design Specification means the detailed specifications for the manufacture, remodelling or repair of jewellery, and may include an image of the design, and details for the stones and metals to be used
1.2 Jewellery means any jewellery or other goods or services, such as design, manufacture or repair services, agreed to be provided by us to you as described in these Terms, the Design Specifications, Design Concepts, and/or Quote
1.3 Custom Creation means any Jewellery that has been custom designed for you, and is not part of any Collection or Modified Collection as defined below.
1.3 Collection refers to a group of Jewellery designs, comprising a variety of artistic and aesthetic elements, that is owned exclusively by Four Words. These Jewellery items are readily available for purchase by consumers without customisation, modification or bespoke creation.
1.4. Modified Collection refers to Jewellery that is part of a Collection as defined above, that has been modified or customised at your request.
1.5 Price means the price payable by you to us as stated in any Quote
1.6 Terms means these terms and conditions, and incorporate any Quote
1.7 Quote means the quote provided by us to you setting out the Jewellery and the Price.
1.8 “us” , “we” , “our” are references to Four Words Limited, and where the context permits includes our employees agents and contractors.
1.9 “you” , “your” are references to you — our customer.
1.10 All prices are in New Zealand dollars unless stated otherwise.
1.11 The singular includes the plural and vice versa. The term “include” shall not be constructed as limiting the text to which it refers.
2. General
2.1 These Terms set out the basis on which we will provide the Jewellery to you. We will not be bound by any additional terms or variations to these Terms unless recorded in writing and signed by you and us.
2.2 By accepting a Quote, making any payment to us, or otherwise authorising us to proceed with the Jewellery you will be deemed to have accepted these terms.
3. Design Process
3.1 During your initial consultation, we will advise you of the options when it comes to selecting stones, metals and designs. There is no charge for a consultation.
3.2 If you wish for us to create a Custom Creation that is not part of a Four Words Collection or within any other of our standard range of designs, a design deposit fee of $350 is required before we can proceed with Design Concepts. We will advise you if this design deposit is required in advance.
a) The design deposit must be paid within 7 days before we begin designing your Jewellery.
b) The design deposit is not an additional charge. Meaning it will be deducted from your final invoice, per clause 5.3.
c) The deposit is refundable if you decide not to proceed with your order.
3.3 Once you are happy with the Design Specifications and or Design Concepts, we will provide a Quote so you can be certain of the cost. Quotes are valid for 7 days.
3.4 A Quote may be accepted by paying the price, per clause 4.1. Once the required amount is paid we will purchase your selected stones, which are non-returnable and non-exchangeable.
3.5 We will then manufacture your jewellery to our high standards of workmanship. You will have the opportunity to inspect your finished Jewellery before you provide final sign-off.
3.6 If the Quote (clause 3.4) or Design Deposit (clause 3.2) is not paid within 7 days, we are entitled to terminate the agreement and retain any previous amounts paid prior to termination.
3.7 Please be aware that we are unable to accept returns in the event that Jewellery is no longer required for any reason other than stated in clauses 10.7 and or 10.8.
4. Price
4.1 Upon acceptance of any Quote, you agree to pay the price specified in that Quote, in the manner set out in clause 5, and otherwise in accordance with these terms.
4.2 If you make any changes to your Design Specification the price specified in that Quote may change. You agree to pay any changes within your final invoice, per clause 5.1(c).
4.3 If for whatever reason we decide to provide a refund, and you have paid by credit card, your refund will exclude any credit card and processing fees you have previously paid.
5. Payment
5.1 You agree to pay us as follows:
a) Design Deposit: If you are making a Custom Creation (per clause 3.2) this fee will be required within 7 days so that we can start creating your design.
b) 80% Deposit: After you accept your Quote (per clause 4) 80% of the quoted amount will be required to be paid within 7 days.
c) Final Invoice: When we notify you that your Jewellery is ready to be collected, we will require the remaining balance from your Quote to be paid before it can be picked up or delivered to you.
5.2 If you decide to use third-party financing, from a financier approved by us, then you are bound by the financier’s terms and conditions. This will be provided to you prior.
a) When using financing, there is an admin & processing fee, set by the financer at $200. We will inform you of this prior.
5.3 All payments must be made without set-off, deduction or counterclaim and are subject to goods and services tax unless you are purchasing duty-free (per clause 7)
5.4 If the final invoice has not been paid within 10 days of us notifying you that your jewellery is completed and ready for collection, we will be entitled to charge a holding fee of $100 a month for each month we hold your completed jewellery for you. You indemnify us for any collection costs (including legal) in recovering amounts owing by you to us. After 90 days, if you have still failed to pay your final invoice, and unless agreed otherwise in writing, you default on your deposit and cannot claim this back.
6. Delivery
6.1 We will use our best endeavours to supply your Jewellery by the estimated delivery date. However, because of the nuances and nature of custom-made fine jewellery, we cannot guarantee delivery on a specified date. Any estimated delivery date we provide does not constitute a guaranteed date of delivery. If you require the Jewellery for a specific date, please let us know during your initial consult. If at any point we believe we might not meet your time frame, we will let you know as soon as possible. You expressly understand and agree that we shall not be held financially liable for any delays in delivery.
6.2 Completed Jewellery may be collected from our studio or delivered to an address specified by you. All deliveries are made by signature required courier. You are responsible for ensuring the address specified by you is correct and that you will be available to sign for the delivery.
6.3 Where you specify an overseas address for delivery, a delivery charge may apply, which must be paid in advance. You accept any import taxes, duties or levies that may apply.
6.4 Jewellery will be deemed to have been delivered upon the following:
a) you collect your Jewellery from our Studio; or
b) where delivered by courier, the courier obtaining a signature purported to have been given by you; or
c) collection from a NZ International Airport, per clause 7.
7. Duty Free
7.1 We offer a duty-free service. To take advantage of this service you must:
a) be the purchaser of the Jewellery; and
b) depart a New Zealand International Airport that accepts duty-free collections; and
c) being flying on an international flight.
7.2 If you decide to purchase duty-free, you must provide us with your departing international flight details and the New Zealand International Airport you are departing from at least 7 working days before your flight:
a) Before we can send the Jewellery to the designated collection point, we require full payment (per clause 5.1) and including any handling fee (per clause 7.4).
b) After payment is made, we will make the Jewellery available to you at the designated collection point at the relevant New Zealand International Airport.
7.3 Note that in the event you subsequently return to NZ with your Jewellery, duty may apply on re-entry unless, amongst other things, the Jewellery is part of the personal effects of, and for the personal use or wear by, the person bringing it into NZ. We recommend you consider NZ customs requirements for bringing goods into NZ prior to your departure.
7.4 All duty-free purchases include a handling fee:
a) This will be included in your final invoice (per clause 5.1) and must be paid before we can send your Jewellery to the designated collection point.
b) The handling fee depends on the airport you are collecting from and varies between $20 and $500, depending on the value of the Jewellery.
8 Ownership/Risk
8.1 All Jewellery (except any items that have been provided by you) remains our property until full payment in accordance with these Terms.
8.2 All Jewellery will be at our risk until delivery has occurred. We strongly recommend you ensure you have insurance cover in place prior to delivery of the Jewellery to you.
9. Lifetime Manufacturing Warranty
9.1 All Jewellery we create for you will have a lifetime manufacturing warranty. In the event you feel there may be a manufacturing defect, contact us and we will provide instructions for you to send your Jewellery back to us to inspect.
a) Once we receive the Jewellery, we will analyse and inspect your item to determine if there is a manufacturing defect.
b) If we are able to confirm there is a manufacturing defect we will either offer to:
Repair;
exchange; or
provide a refund, depending on the damage and or availability of materials.
c) If we determine there is no manufacturing defect, we will send you an estimate for the repair cost and advise accordingly.
d) Please note, due to the nature of the Jewellery we provide and depending on the metals used, small and minor scratches or blemishes may be unavoidable during the manufacturing process and regular handling. You accept that this is not a defect in the craftsmanship, manufacturing, or quality.
9.2 Any repair or service performed by a jeweller other than us will make the lifetime manufacturing warranty void.
9.3 Our lifetime warranty does not cover any; wear and tear, loss, loss of a gemstone, or theft. You acknowledge that the following is not a result of any defect or poor workmanship and that we will not be responsible for the cost of rectifying the following, but not limited to:
a) General wear and tear.
b) Scratches, dents or marks to any metal surface.
c) Wearing off of any plating.
d) Damage caused to the jewellery by you or another party,
e) Discolouration of precious metals caused by chemicals, make-up, immersion in pools, water, hot tubs or bathing.
f) Wearing out, loosening or bending of the prongs over time due to everyday wear, or damage resulting in gemstones falling out.
g) Loss of a gemstone caused by damage from everyday wear or from other damage (see also clause 9.6).
h) Loss or theft.
9.4 The warranty excludes damage or loss caused by a failure to obtain the repairs required to preserve the structural integrity of the Jewellery, per clause 10.4.
9.5 You acknowledge that metal has a natural tendency to “relax” after the setting of stones. This may result in some stones becoming loose or falling out, particularly smaller or very closely set stones or certain designs where minimal claws or surrounding metal is used. You agree this does not constitute poor workmanship.
9.6 If within 6 months, any gemstones equivalent to 0.10 carats or less fall out of your Jewellery, we may, at our discretion replace and re-set such stones free of charge providing you return the affected Jewellery to us. Otherwise, we will quote you for the cost of replacement.
9.7 Where any work undertaken by us relates to heirloom jewellery or other stones or jewellery not sourced by us, while we will take all due care, you expressly understand and agree that we shall not be held liable for any loss or damage to such stones or jewellery while being repaired/incorporated into the Jewellery or otherwise in our possession.
10. Customer Care, Resizing, and Returns
10.1 All Jewellery is crafted to our high standard of workmanship and undergoes a thorough quality control check prior to being made available to you for final inspection.
10.2 Where you have first inspected the finished Jewellery, taking possession or delivery of the Jewellery will be deemed acceptance of it and confirmation that it has been completed in accordance with the Design Specifications.
10.3 In the case of delivery, unless you notify us in writing of any non-compliance within 7 days of delivery, you will be deemed to have accepted the finished Jewellery and confirmed that it has been completed in accordance with the Design Specifications.
10.4 We recommend you care for your Jewellery in the manner set out in the Care Booklet. We will not be responsible for any damage sustained to your Jewellery where this has not been followed.
10.5 Lifetime Jewellery Care Service: We provide a complimentary “lifetime” Jewellery care service for rings with a purchase price above NZ$2,500. This allows you to bring your Jewellery to us for a check-up, where we will professionally clean it. If your Jewellery is a ring, we will also check the claws and tighten them if needed. This complimentary service does not apply to a ring with a purchase price under NZ$2,500 or any other piece of jewellery that is not a ring. Additionally:
a) We strongly recommend you take advantage of this complimentary lifetime service, to ensure your Jewellery remains in top condition. Regular service of your jewellery is sometimes a requirement for insurance cover.
b) The complementary service is only available once per year.
c) If you wish to use this service more than once a year, an additional charge may occur.
d) We will also advise you if we recommend any other maintenance, or if repair work is required, including their estimated cost. Please note that any additional services (including those listed in 9.3) will incur a charge.
e) We reserve the right to vary the nature of this service at any time or cease the provision of this service where appropriate due to a change in circumstance.
f) Please note that you may be responsible for any delivery or shipping fees incurred during this complimentary service.
g) Four Words reserves the right to, at any time and using its sole discretion, terminate this service and deem this clause void.
10.6 We offer one complimentary ring resizing within 90 days of you accepting your Jewellery. All resizes are conditional on the following:
a) Steps must be taken by you to ensure you had and provided us with the correct ring size before designing your Jewellery.
b) The proposed re-size is no greater than two ring sizes (equivalent to the UK letter sizing):
If the re-size is greater than two ring sizes, it may incur a cost. We will inform you of any costs prior to making changes.
In some circumstances, due to the design of the Jewellery, we may not be able to re-size it without compromising its integrity. If this occurs, we will advise you of options and estimate an estimate of corresponding costs.
c) If you decide to resize your Jewellery by a jeweller other than us or our manufacturing partners then your lifetime warranty, per clause 9, will be void.
d) If the Jewellery has an existing engraving resizing may not be possible and an additional charge may occur. We will inform you of any costs prior to making changes.
e) If the Jewellery contains fine details (such as milgrain or accenting gemstones), or particular features, it may not be eligible for a free resizing. We will advise you of options and provide an estimate of the costs to resize the ring.
f) Any resized Jewellery may result in minor blemishes, markings or defects. In some circumstances, this is unavoidable due to the nature of resizing Jewellery. You accept that this may occur. We take no responsibility for this but will take every effort to minimise or avoid this from occurring.
g) Any resizing request outside of this 90-day period may incur a cost, solely at our discretion.
10.7 In the unlikely circumstance you are unsatisfied with a piece of Jewellery from one of our Four Words Collections, you are eligible to return your Jewellery and receive a free exchange or full refund, provided the below conditions are met:
a) Your Jewellery is returned to us within 14 days of collection or delivery; and
b) Your Jewellery is undamaged and unchanged in state. We will not accept any Jewellery that shows signs of wear or alteration.
Provided the above conditions are met, we will provide you with return instructions. Once we have received and inspected the ring, we will start the refund process. Please note this can take up to 14 days and money will be refunded to the original payment method.
10.8 In the unlikely circumstance you are unhappy with a Custom Creation or modified Four Words Collection piece, we cannot offer a full refund nor do we allow returns. However, at our discretion, we may allow you to re-make, modify, exchange and or provide a partial refund.
11. Intellectual Property
11.1 You acknowledge that we are the owner of copyright in all designs produced by us, whether or not at your direction. You agree not to reproduce, in whole or part, any of our designs or engage another person to use or reproduce our designs. You further acknowledge that we are free to use our designs for other purposes, including creating jewellery for other persons or as part of our own collections.
12. Use of information
12.1 We collect your information in order to provide Jewellery to you. You agree that we may also use any personal information you provide to us for marketing purposes, including sending electronic messages, and that we may provide such information to third parties who assist us in this regard. You are entitled under the Privacy Act to view and seek correction of any personal information held by us.
13. Consumer Guarantees Act 1993
13.1 Where any Jewellery is acquired by you for use in a business, you agree that the Consumer Guarantees Act 1993 (the Act) does not apply. Any liability we may have to you is limited to the repair or replacement of the Jewellery supplied by us for which the liability arises.
13.2 Where any Jewellery is supplied to you as a “consumer” (as defined by the Act), for non-business purposes, the Act will apply and prevail over any contrary provisions in these Terms. We do not give any guarantees or make any warranties in addition to those contained in the Act, and our liability to you is limited to our obligations under the Act.
14. Governing Law
14.1 These Terms shall be governed by NZ law and subject to the non-exclusive jurisdiction of the NZ courts.
15. Waiver
15.1 No delay or failure by us to exercise any of our rights or remedies will constitute a waiver or variation of any such right or remedy.
16. Validity
16.1 If any part of these Terms is illegal or unenforceable, the remaining provisions will continue in full force and effect.
