Terms and Conditions

 

Refund and Returns Policy 

To give you complete confidence in your in-store purchases, SkyGem & Co. offers a 30-day conditional refund and return policy. If, for any reason, you’re not happy about your purchase of our in-store stock items, we’ll give you a full refund with no questions asked.

The item must be unworn and in the same condition as when you picked it up, accompanied by all original product taggings, documentations and packagings. Those items showing signs of wear and tear, any form of scratch or damage will not qualify for a refund.

Returns and Refund Policy excludes:

(a) taking up the 50% payment options

(b) custom-made settings or jewellery; any modified or engraved items;

(c) loose natural diamonds, all fancy colour natural and lab grown diamonds and gemstones specifically imported or brought in at the customer’s request;

(d) Items that have been made to specifically fill an order (not in stock at the time the order is placed) or altered to fill an order do not qualify for this return offer.

If you have any questions, please contact us at [email protected] or Call us at 03 9650 5190

 

365 Days Free Resizing

We are pleased to offer one complimentary resizing for our Made-to-Order and Bespoke rings of +/-2 standard ring size within 365 days from the invoice date. International and interstate customers will only need to pay for shipping both ways. Please note that all diamond eternity rings and 2tone Men’s ring cannot be resized due to their design. Modified, and engraved rings are subject to resizing fees. Tennis bracellets, diamond necklaces and bangles do not apply for the free resize. 

 

Loose Diamond Availability and Pricing

Your deposit or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our supplier’s offer to sell.

We try to maintain our prices as current as possible. However, due to currency fluctuations, variations in market prices, human input errors, or unforeseen changes such as variations in supplier prices, there may be instances when there is a price change on an item you have ordered. All prices are subject to verification at the time of order and should there be a price change on an item you have ordered, we will contact you to advise you of the change prior to importing the diamond in.

From time to time, data, including prices, may be inaccurately displayed on the Site due to system or typographical errors. While we make every attempt to avoid these errors, they may occur. We reserve the right to correct all and any errors when they do occur, and we not accept liability for inaccurate or erroneous prices. If an item is listed at a price that is lower than its actual price, we will, at our discretion, either contact you for instructions before shipping the item or cancel the order and notify you of such cancellation. If the order has been shipped, you agree to either return the item or pay the difference between the actual and charged prices.

SkyGem & Co. is not obligated to fulfill an order if the price is incorrect. The order will be cancelled, and any payment will be refunded in full by the same method that it was made.

If an item goes out of stock before we are able to post a notification on the Site, we will contact you directly to discuss possible options.

 

Ordering and Payment

We accept payment by PayPal at custom’s request with a 3.8% service charge, all credit and debate card pay over the phone incurred a 2.2% terminal fee and 1.6% SQUARE terminal fee applies for in-store purchases. Please ensure that you provide us with your correct billing address and telephone number. Incorrect information may result in a delay in processing your order.

By placing an order with us, you represent and warrant that:

(a) the billing information supplied is true, correct and complete; and

(b) you will pay all costs and charges incurred by you at the amounts in effect at the time incurred, including all applicable taxes.

It is your responsibility to ensure that there are sufficient cleared funds available for payment of your order on the due date.

(a) Unless otherwise negotiated prior to the sale, all orders are to be paid in full at the time they are placed. In the case of payment made by direct bank transfer, we require payment confirmation within 12 hours of placing the order, and we allow up to 48 hours for the funds to clear.

(b) If payment is not made in full at the time the order is placed, a non-refundable deposit must be paid for ‘lay-by’ orders of 50% before we begin crafting the item, or for loose diamonds. Title to and property of the goods will not pass to the Customer until the purchase price has been paid in full. The full purchase price must be paid within three (3) weeks of the date of the order for jewellery, and three (3) days for loose diamonds upon receiving confirmation of the diamond’s arrival, unless other payment terms have been negotiated and agreed upon by SkyGem & Co.

By using this option, any return policy is voided. We are not able to offer any refunds on purchases using this deposit method. If the balance is not paid within the agreed terms of the original purchase date, or if you change your mind, the 50% deposit is forfeited. This is to cover the manufacturing cost of the jewellery and the re-stocking fee for the diamonds.

We reserve the right to refuse service or to cancel a transaction at any time if we reasonably believe that an unauthorised transaction has been made, or if payment is not received within our payment terms. Deposits or partial payments will not be refunded. We will not accept any future orders from customers who have not complied with our payment terms.

SkyGem & Co. will not be liable for losses resulting from transactions which are carried out by you or any other person:

(a) engaging in fraud;

(b) allowing unauthorised access to your account; or

(c) engaging in the misuse, loss or theft of your identity or account details.

(d) not meeting agreed payment terms

 

Indemnity

You agree to indemnify and hold harmless SkyGem & Co, its staff and ownership, independent contractors, service providers, advisors and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable legal fees) arising out of or related to any content you post, store or otherwise transmit on or through our Site or your use of or inability to use our Site, including without limitation any actual or threatened suit, demand, or claim made against SkyGem & Co. and/or its independent contractors, service providers, advisors, employees, directors or consultants, arising out of or relating to such content, your conduct, your breach of these Terms and Conditions, or your breach of the rights of any third party.

 

Termination

These Terms and Conditions terminate automatically if, for any reason, we cease to operate the Site. We may otherwise terminate these Terms immediately, on notice to you, if you have breached these Terms in any way

 

Disclaimer

Unless expressly provided to the contrary, this Site, its content or the information available on or through it is provided on an “as is” basis without warranties of any kind, either express or implied, including warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge that you use this Site at your own risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of this Site, and that SkyGem & Co. and its affiliates shall not be liable for any damages special, indirect or consequential of any kind related to your use of this Site. Warranties and return rights concerning such products are governed by terms provided elsewhere in this Site and by applicable law.

SkyGem & Co. strives to provide you with useful, accurate, and timely  information and materials on this Site but assumes no responsibility for the accuracy and completeness of that information or those materials. SkyGem & Co. may change the content of any information or materials available on this Site, or to the products described in them, at any time without notice.

SkyGem & Co. makes no commitment to update the information or materials on this website which, as a result, may be out of date. Information and opinions expressed in bulletin boards or other forums are not necessarily those of SkyGem & Co. Neither SkyGem & Co, nor its officers, directors, employees, agents, distributors, advisors or affiliates are responsible or liable for any loss damage (including, but not limited to, actual, consequential, or punitive), liability, claim, or other injury or cause related to or resulting from any information posted this Site. SkyGem & Co. reserves the right to revise these terms and/or legal restrictions at any time. You are responsible for reviewing this page from time to time to ensure compliance with the then-current terms and legal restrictions because they will be binding on you. Certain provisions of these terms and legal restrictions may be superseded by expressly designated legal notices or terms located on particular pages of this Site.

 

Liability

To the full extent permitted by law, we exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages.

To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms and Conditions.

These Terms and Conditions are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions or obligations.

If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option:

(a) in the case of goods:

(i) the replacement of the goods or the supply of equivalent goods;

(ii) the repair of the goods;

(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods;

or

(iv) the payment of having the goods repaired, and

(b) in the case of services:

(i) the supply of the services again; or

(ii) the payment of the cost of having the services supplied again.

SkyGem & Co. total aggregate liability for all claims relating to these Terms and Conditions and your use of the Site is limited to the price payable for any products purchased by you under these Terms and Conditions.

Either party’s liability for any claim relating to these Terms and Conditions will be reduced to the extent to which the other party contributed to the damage arising from the claim.