Terms of service

TERMS OF SERVICE

OVERVIEW

This website is operated by Betteridge Sapphires. Throughout the site, the terms “we”, “us” and “our” refer to Betteridge Sapphires. Betteridge Sapphires offers this website, including all information, tools, products and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site, browsing our products, submitting an enquiry, placing an order or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including any additional terms, conditions and policies referenced herein and/or available by hyperlink.

These Terms of Service apply to all users of the site, including browsers, customers and anyone who submits information, enquiries, reviews, comments or other content through the website.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all of the terms and conditions of this agreement, then you may not access the website or use any services.

Any new features, tools, products or services which are added to the current store shall also be subject to these Terms of Service. You can review the most current version of these Terms of Service at any time on this page.

We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of, or access to, the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, territory or province of residence, or that you are the age of majority in your state, territory or province of residence and you have given us your consent to allow any of your minor dependants to use this site.

You may not use our products or services for any illegal or unauthorised purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction.

You must not transmit any worms, viruses or any code of a destructive nature.

A breach or violation of any of the Terms may result in an immediate termination of your access to our Service.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time, to the extent permitted by law.

You understand that your content, not including payment information, may be transferred unencrypted and may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Payment information is encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, access to the Service, or any contact on the website through which the Service is provided, without express written permission from us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We do our best to provide accurate and current information on our website. However, we are not responsible if information made available on this site is not accurate, complete or current.

The material on this site is provided for general information only and should not be relied upon as the sole basis for making decisions without consulting more complete, accurate or timely sources of information where appropriate. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information is not current and is provided for reference only.

We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site except as required by law. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service, or any part or content of it, without notice at any time.

We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service, except as required by law.

SECTION 5 - PRODUCTS OR SERVICES

Our products and services are offered online only, unless otherwise expressly agreed by us in writing.

Certain products or services may have limited quantities and are subject to return or exchange only according to our Refund Policy and any applicable Australian Consumer Law requirements.

Many of our sapphires, gemstones and jewellery pieces are one-of-a-kind. Once a one-of-a-kind item has sold, the exact same item may not be available again.

We have made every effort to display as accurately as possible the colours and images of our products that appear on the store. We cannot guarantee that your computer, phone or device screen will display colours accurately.

Gemstones are natural materials and may contain natural inclusions, colour zoning, growth features, small variations or characteristics. These features are part of the nature of natural gemstones and do not necessarily constitute a fault.

Stone measurements, carat weights and product details are provided as accurately as possible, however minor variations may occur.

Custom, bespoke and made-to-order jewellery may be subject to separate design approvals, production timelines, payment terms and refund conditions, as set out in the relevant product listing, invoice, quote, written agreement or correspondence.

Production timelines for custom, bespoke and made-to-order pieces are estimates only. We do our best to meet estimated timeframes, however delays may occur due to factors outside our control, including supplier delays, production delays, stone availability, casting delays, hallmarking, postage delays, public holidays or other unforeseen circumstances.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.

We reserve the right to limit the quantities of any products or services that we offer.

All descriptions of products and product pricing are subject to change at any time without notice, at our sole discretion.

We reserve the right to discontinue any product or service at any time.

Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected, except as required by law.

SECTION 6 - PAYMENT TERMS, BILLING AND ACCOUNT INFORMATION

Betteridge Sapphires is an online-only business. We do not accept cash payments for any orders, including loose sapphires, gemstones, custom jewellery, ready-to-wear jewellery, bespoke pieces, deposits, balances or any other purchases.

We do not accept cryptocurrency, digital currency, NFTs, tokens or any other virtual assets as payment.

All purchases must be paid through approved electronic payment methods, including card payment, Shopify Payments, PayPal, Afterpay, ZipPay, direct bank transfer or any other payment method made available by Betteridge Sapphires at checkout or by invoice.

We do not offer in-person cash sales, cash-on-collection arrangements, or cash payment for private viewings or custom orders.

We reserve the right to refuse, cancel or refund any order where payment is attempted by an unapproved method, or where we reasonably believe payment arrangements may breach legal or compliance requirements.

We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order.

These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing and/or shipping address.

If we make a change to or cancel an order, we may attempt to notify you by contacting the email address, billing address and/or phone number provided at the time the order was placed.

We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made through our store.

You agree to promptly update your account and other information, including your email address and payment details, so that we can complete your transactions and contact you as needed.

For more details, please review our Refund Policy.

SECTION 7 - SHIPPING, DELIVERY AND RISK

Shipping timeframes provided on our website, at checkout or in correspondence are estimates only.

We are not responsible for delays caused by Australia Post, courier providers, customs, border processing, incorrect delivery details, weather events, public holidays, natural disasters or other events outside our control.

You are responsible for ensuring that your shipping details are complete and accurate at the time of purchase.

If an order is returned to us due to an incorrect address, failure to collect, or another delivery issue outside our control, you may be responsible for any additional postage, insurance or redelivery costs.

Risk in the goods passes to you once the order has been delivered to the shipping address provided, except as otherwise required by law.

For high-value items, signature on delivery, identification or additional delivery requirements may apply.

SECTION 8 - RETURNS, REFUNDS AND CANCELLATIONS

Returns, refunds, exchanges and cancellations are handled in accordance with our Refund Policy and your rights under Australian Consumer Law.

Please review our Refund Policy before placing an order.

Custom, bespoke, resized, altered, personalised or made-to-order pieces may have different return or cancellation conditions, as set out in the relevant product listing, invoice, quote, written agreement or correspondence.

Nothing in these Terms is intended to exclude, restrict or modify any rights you may have under Australian Consumer Law.

SECTION 9 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available”, without any warranties, representations or conditions of any kind and without any endorsement.

We shall have no liability arising from or relating to your use of optional third-party tools, except as required by law.

Any use by you of the optional tools offered through the site is entirely at your own risk and discretion. You should ensure that you are familiar with, and approve of, the terms on which tools are provided by the relevant third-party provider.

We may also, in the future, offer new services and/or features through the website. Such new features and/or services shall also be subject to these Terms of Service.

SECTION 10 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us.

We are not responsible for examining or evaluating the content or accuracy of third-party websites, and we do not warrant and will not have any liability or responsibility for third-party materials, websites, products or services.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content or any other transactions made in connection with third-party websites, except as required by law.

Please review third-party policies and practices carefully and make sure you understand them before you engage in any transaction.

Complaints, claims, concerns or questions regarding third-party products or services should be directed to the third party.

SECTION 11 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions, such as reviews, testimonials, images, videos or competition entries, or if you send creative ideas, suggestions, proposals, plans or other materials without a request from us, whether online, by email, by social media, by postal mail or otherwise, you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate and otherwise use those submissions in any medium.

We are and shall be under no obligation to maintain any comments in confidence, pay compensation for any comments, or respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine, at our sole discretion, to be unlawful, offensive, threatening, defamatory, obscene, abusive, misleading, inappropriate, or otherwise objectionable, or which violates any party’s intellectual property rights or these Terms of Service.

You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, confidentiality or other personal or proprietary rights.

You further agree that your comments will not contain unlawful, abusive, obscene or misleading material, or contain any computer virus or other malware that could affect the operation of the Service or any related website.

You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments.

You are solely responsible for any comments you make and their accuracy.

We take no responsibility and assume no liability for any comments posted by you or any third party, except as required by law.

SECTION 12 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

Please review our Privacy Policy for more information.

SECTION 13 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions.

These may relate to product descriptions, gemstone details, pricing, promotions, offers, product shipping charges, transit times, availability or other information.

We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice, including after you have submitted your order.

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including pricing information, except as required by law.

No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 14 - PROHIBITED USES

In addition to other prohibitions set out in these Terms of Service, you are prohibited from using the site 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, state, territory or local laws, regulations, rules or 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;

(f) to submit false or misleading information;

(g) to upload or transmit viruses or any other type of malicious code that may affect the functionality or operation of the Service, 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, abusive or immoral purpose;

(k) to interfere with or circumvent the security features of the Service, any related website, other websites or the internet;

(l) to attempt to use an unapproved payment method; or

(m) to structure, split or arrange payment in a way that may breach legal or compliance requirements.

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 15 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

To the maximum extent permitted by law, your use of, or inability to use, the Service is at your sole risk.

The Service and all products and services delivered to you through the Service are, except as expressly stated by us or required by law, provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied.

Nothing in these Terms is intended to exclude, restrict or modify any consumer guarantee, right or remedy that cannot be excluded, restricted or modified under Australian Consumer Law.

To the maximum extent permitted by law, Betteridge Sapphires, our directors, officers, employees, affiliates, agents, contractors, suppliers, service providers or licensors shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including lost profits, lost revenue, lost savings, loss of data, replacement costs or similar damages, whether based in contract, tort, negligence, strict liability or otherwise, arising from your use of the Service or any products procured using the Service.

Where our liability cannot be excluded, our liability will be limited to the maximum extent permitted by law.

SECTION 16 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Betteridge Sapphires and our directors, officers, employees, affiliates, agents, contractors, licensors, service providers, subcontractors and suppliers from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms of Service, your violation of any law, or your violation of the rights of a third party.

SECTION 17 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law.

The unenforceable portion shall be deemed to be severed from these Terms of Service.

Such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 18 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us.

You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our services, or when you cease using our site.

If, in our sole judgement, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may terminate this agreement at any time without notice.

You will remain liable for all amounts due up to and including the date of termination, and we may deny you access to our services or any part of them.

SECTION 19 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service, together with any policies or operating rules posted by us on this site or in respect to the Service, constitute the entire agreement and understanding between you and us and govern your use of the Service.

These Terms supersede any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us, including any prior versions of these Terms of Service.

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 20 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you products or services shall be governed by and construed in accordance with the laws of Australia.

Where applicable, these Terms are also subject to Australian Consumer Law.

SECTION 21 - CHANGES TO TERMS OF SERVICE

You can review the most current version of these Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website.

It is your responsibility to check our website periodically for changes.

Your continued use of, or access to, our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 22 - CONTACT INFORMATION

Questions about these Terms of Service should be sent to us at betteridgesapphires@outlook.com.

Our contact information is posted below:

Betteridge Sapphires
betteridgesapphires@outlook.com
PO Box 273, Rubyvale QLD 4702 Australia
Phone: 0408989921
ABN: 58312654426