Terms and Conditions

Definitions

1. “Design Total” refers to the price given as a quote for the item with specifications as seen on our website

2. “Indicative Price” refers to an estimate of the total price of the item calculated from specifications contained in the Ring Designer.  This is not a quote and the price is subject to change.

3. “Jewellery” refers to any item manufactured by us using precious metals, Stones and/or other components

4. “Ring Designer” means the application on our website that enables you to design your Jewellery

5. “Stone” refers to a precious or semi-precious gemstone

6. “Terms” refers to these terms and conditions, and incorporates any given quote or accepted variation

7. “We”, “us” or “Hart & Halo” means Smilestones Jewellery Limited trading as Hart & Halo.

8. “You” or “the customer” means the person purchasing the Jewellery from us.

General

9. These terms set out the basis on which we will supply the Stones or Jewellery to you.  We will not be bound by additional terms or variations unless set out in writing and signed by both parties.

10. By accepting a quote, paying an amount to us, or otherwise authorising us to proceed with your Jewellery, we deem you to have accepted these terms.

Process

11. You design the Jewellery you would like using the Ring Designer and once you are ready to have it manufactured, you select the “Finalise my Design” option and continue through the check-out process, which will include payment of the Design Total.

12. If you wish to make any alterations or explore options for your Jewellery, and you type text in the “Additional requests” box, the Design Total will no longer be a final quote, and instead change to an Indicative price, which is subject to change depending on what you request.

13. Once the check-out process is complete and at least 50% of the Design Total has been paid, manufacture of your Jewellery will begin.

14. If an Indicative Price was shown, we will receive your request and be in touch if we have any questions about this and/or to give you an indication of how long your request might take to process.

15. Once your additional request has been processed and a final price has been reached, the order status will change from “Pending price” to “Price confirmed” and you will be able to log in and pay the Design Total for your Jewellery.  Once at least 50% of the Design Total has been received manufacture of your Jewellery will begin.

16. Any changes to your design that require a revision will be communicated to you via email and your approval via email will be required before we are able to confirm the Design Total as per clause 14 above.

17. Once manufacturing has begun, we are unable to guarantee we can accommodate any further changes without further costs being incurred.

18. If you do request further variations to your Jewellery after confirming your order and making payment of at least 50% of the total price, and these variations incur further cost, this cost will be added to the Design Total and the difference must be paid in full before we can release the completed Jewellery to you.

19. Please be aware that we are unable to cancel orders once the manufacturing process is underway.

20. In the highly unlikely event your centre stone is damaged during the manufacturing process, we will contact you to discuss options.  Please note that it may not be possible to replace or recreate the exact item.  If you are unhappy with our replacement options, we will provide you with a full refund.

Intellectual Property

21. All designs created using our website and/or software remain the intellectual property of Hart & Halo.  We reserve the right to use these designs at our discretion and do not require permission to do so.

Design specifications

22. The specifications of the Jewellery will be as per the ring designer, and will also be noted in the check-out process.

23. Due to the nature of market availability there will be a slight variation tolerance allowed for in the use of the side diamonds used in your design.  This will be as follows:

for stones less than 0.5 carat the;

a. Colour – the colour we generally use for the side diamonds in your design will be between G-I (to J for melee ie. very small, for example 1mm)

b. Clarity – the clarity we generally use for the side diamonds in your design will be between VS1-SI2

c. Carat – the carat of the side diamonds may have a variation of up to 0.10 carats up or down of the carat as specified in your design

 for stones more than 0.5 carat the;

d. Colour – the colour we generally use for the side diamonds in your design will be between D-G

e. Clarity – the clarity we generally use for the side diamonds in your design will be between VVS1-VS2

f. Carat – the carat of the side diamonds may have a variation of up to 0.20 carats up or down of the carat as specified in your design.

24. If the diamonds we propose to use in your design fall outside of these accepted tolerance levels as specified in clause 23, we will contact you to get your approval before continuing, including on any associated change to price if applicable.

25. If there is an associated change to the Design Total that was accepted by you, we will adjust the Design Total price accordingly and this will be seen as a variation as per clause 18.

Payment and Ownership

26. All Stones and Jewellery (excluding any components that have been provided by you) remain our property until full payment has been received.  This includes any extra costs that were incurred because you chose to make variations to your Jewellery once the Design Total had been accepted.

27. If you are paying on a payment plan, we will wait to receive the final payment until we arrange to deliver your Stone or Jewellery.  Alternatively, we will notify you once your Jewellery has been crafted.  Once notified of completion, we expect the final balance payment to be made within ten (10) days of the notification.

28. Failure to make this payment may result in penalties being added to your final amount at a rate of $100 per month for each part or whole month we hold your Jewellery for you.

29. If we believe there is no intention from you to make final payment, the Jewellery remains our property.  We will refund you any payments made toward the Jewellery item minus our manufacturing costs and any other expenses already incurred, and we will have no further obligation to you.

30. You indemnify us for any collection costs (including legal amounts) in recovering amounts owing by you to us.

31. If your order is for a loose Stone, failure to complete full payment either on a payment plan, or within ten (10) days of the purchase being made, will result in the transaction being void and we will refund to you any payments made to date minus any expenses incurred by us.

Delivery and Risk

32. Once full payment has been made, and your Jewellery has been crafted (where applicable), we will send it to you using our fully insured courier service.  Once delivery has been made, you will take over all ongoing risk and liability for the Stone or Jewellery.  We strongly recommend you have insurance cover in place prior to receiving your Jewellery.

33. If you do not receive the Stone/Jewellery in the expected timeframes once the item is out for delivery and are unable to contact the courier company to follow this up, please contact us as soon as possible.

34. If you receive your item but it has been damaged in transit, you will need to contact us as soon as possible, but no later than ten (10) days after it was delivered.

35. If you receive notification that your Stone/Jewellery has been delivered but you do not believe you have received it, please contact us immediately but no later than 48 hours after it was reported as delivered.

36. If your item does get lost in transit, we will discuss what we can do to replace it. Please note that it may not be possible to replace or recreate the exact item.  If you are unhappy with our replacement options, we will provide you with a full refund.

Stones

37. If you wish to view a Stone prior to committing it to a piece of Jewellery, these full terms and conditions including the payment conditions will apply.

38. If you choose to return the Stone for a refund, you will have seven (7) days from the date you received the Stone to return it.

39. To be eligible for a refund:

a. All return instructions must be complied with including how to package the Stone for return

b. All accompanying documents provided must be returned with the Stone

c. The security seal around the gem box must not be tampered or broken, to indicate the Stone box has not been opened.

d. The Stone must be in the same condition you received it in and not damaged, chipped or broken in any way.

Returns, Warranty and Customer Care

40. As each piece of Jewellery manufactured through us is unique and entirely made to order, we are unable to accept returns.  Once you have received your Jewellery, you have seven (7) days to inspect it and notify us in writing if you have any concerns.  After this period you will have deemed to have accepted the Jewellery as conforming with your design specifications.

41. We recommend you care for your Jewellery as per the care instructions on our website.

42. Our warranty covers our workmanship, but you accept the following are not a result of defect or poor workmanship and therefore not covered under the warranty;

a. General wear and tear including scratches, dents and patina surface

b. Loss of Stones

c. Wearing off of any plating

d. Damage caused by you or another party

e. Loss or theft

Use of Personal Information

43. In registering to use our website and services, we are then able to use your personal information in order to fulfil your order.  

44. You agree that we may also use your information for marketing purposes, which includes providing this information to third parties who assist us with marketing activities.  There will be an option to opt out of communications if you so wish.

45. Your personal information is covered under the Privacy Act 2020. Please refer to our full privacy policy here.

Consumer Guarantees Act 1993

46. Subject to clause 47, we undertake to comply with our obligations under Consumer Guarantees Act 1993 (the Act) and the Fair Trading Act 1986.

47. Where any Stone or Jewellery is acquired by you for use in a business, you agree that the Act does not apply.  

Governing Law

48. These terms shall be governed by New Zealand law and subject to the non-exclusive jurisdiction of the New Zealand Courts.

Waiver

49. No delay or failure by us to execute any of our rights or remedies will constitute a waiver or variation of any such right or remedy.

Validity

50. If any part of these terms is illegal or unenforceable, the remaining provisions will continue in full force and effect.

Amendments to Terms

51. We reserve the right to amend these terms at any time without prior notice to you. Such amendments will become effective immediately upon their posting on our website and will apply to any new orders placed.