Terms and Conditions

General

1. These terms and conditions apply to all undertakings pertaining to Keepsakes By Nicoleta (herein referred to as “KBN”), unless specifically agreed to in writing by the business owner. This includes, but is not limited to, offers, orders, requests, communications and agreements involving KBN.
2. KBN terms and conditions apply exclusively in all business dealings involving KBN, unless expressly agreed to in writing.
3. KBN may accept differing terms and conditions by way of a written agreement. KBN will not be bound by differing terms and conditions unless specifically agreed to in writing.

Offers

1. Any offers made by KBN, whether verbal, in writing or published (either online or in print) are subject to change at anytime without notice.
2. All prices specified by KBN are inclusive of GST. Insurance, freight and delivery costs are charged separately at checkout.
3. Any crafting times advised by KBN are an estimate only, and do not constitute an agreement or firm deadline.

Pricing

1. KBN prices are calculated based on many varying factors, and are subject to change without prior notice. Factors considered include metal and gem pricing, exchange rates, cost of materials, transport, wages, taxes and levies, import duties and other price-determining costs.
2. In the event that there is a change to a price-determining cost, KBN reserves the right to adjust pricing at any time without notice. In the event that a price is increased after an agreement was entered into, and where the buyer is a natural person not acting for purposes relating to his or her business or profession, the buyer is entitled to revoke their order in exchange for a refund (less any applicable expenses).

Agreements

1. KBN considers an agreement has been made when an order and payment have been received. An order confirmation can be considered an acknowledgement of the agreement.  Any changes to the agreement will only be made and/or accepted by KBN in writing.
2. KBN considers the agreement to be concluded when an order has been dispatched.
3. Agreements with, or statements from staff members of KBN are not considered binding. The business owner: Nicoleta Stephens is the only person who has the power to make agreements on behalf of KBN.
4. Where any changes or cancellations to orders are made, the other party remains bound to the order. The other party are required to reimburse any losses incurred by KBN, including (but not limited to) costs already incurred and loss of profit.

Crafting Orders

1. Any crafting timeframe provided by KBN is an estimate. KBN is not bound by any dates or deadlines provided, and is not liable from any deviations.  Exceeding a crafting time does not entitle the buyer to compensation, dissolve or change the agreement.
2. Crafting times are provided based on the normal operations of a number of different stakeholders. Although KBN are not bound by crafting times, they are provided in good faith that they should be correct during normal operations.
3. A crafting time for an order becomes relevant only when an order is placed and paid for, and KBN have received any inclusions or information necessary to complete the order (including sizing and colour choices).
4. KBN considers the crafting time to be complete when an order is dispatched.
5. In the event of an order that involves multiple items, KBN reserves the right to hold any completed items until all items in the order are complete and ready to be dispatched. A partial delivery will invoke an extra shipping cost, which the customer is liable for.
6. As items are hand-crafted, deviations in colour and appearance are to be expected.
7. Where possible, customers will be given the opportunity to comment on the appearance of their order before it is dispatched (at the end of the agreement). KBN is not bound to consider any customer requests after an agreement has ended.

Risk and Liability

1. All orders shipped by KBN are insured by KBN against loss and damage during transport. KBN may provide details of insurance conditions upon request.  KBN is not liable for damage to orders that occur through transport that are outside of the insurance conditions.
2. Where loss or damage to an order occurs, KBN’s liability is strictly limited to the amount paid by KBN’s insurer.
3. Should KBN be in default of an agreement, KBN will reimburse damages that are regarded as an immediate and direct consequence of its failure to comply with the agreement.
4. Customers are bound to indemnify KBN against any third party compensation claims against KBN, and are liable for all costs resulting from them.

Complaints

1. Any order complaints must be submitted in writing, including photographs where appropriate, within 7 days of receiving delivery.
2. KBN are not liable for any wear and tear deterioration, or damaged caused by improper use or failure to adhere to care instructions.
3. Any complaints will be individually assessed. Where KBN is accountable for failing in the execution of an agreement, KBN reserves the right to recraft or refund, as appropriate to the situation.

Force Majeure

1. Force majeure is a circumstance that is outside of KBN’s control.
2. Without prejudice to any of KBN’s other rights, KBN reserves the right to suspend or dissolve an agreement partially or completely through a written statement, without liability to compensation or damages, if KBN is unable to execute the agreement due to force majeure.

Custody and Insurance of Goods

1. Where KBN is in possession of goods of the other party, for the purposes of executing an agreement, those goods are insured against risks of fire and burglary under the terms and conditions of its general policy. Details of KBN’s insurance policy may be provided upon request. KBN is not liable for damage to orders that occur through transport that are outside of the insurance conditions.
2. Where loss or damage to an order occurs, KBN’s liability is strictly limited to the amount paid by KBN’s insurer.