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Terms of Trade

Pearl necklace

Minturn Jewellery Limited 

  1. Payment

    1. We will provide you with our quoted price prior to commencing the work.

    2. All quotes will be in writing.

    3. Our quoted price is valid for 5 days from the date that the quoted price is provided to you.

    4. Upon acceptance you will pay a non-refundable deposit of 30% of the quoted price (unless we agree another deposit amount with you).

    5. Invoices are due not later than the date which is 7 days from the date of our invoice.

    6. If you fail to make any payment on the due date for payment, then interest will accrue on the unpaid amount at a rate of 15% per annum from the date for payment to the date which payment is actually made.

    7. The balance of the purchase price is required before we are obliged to deliver the completed jewellery to you.

    8. If the scope of our work changes, we will discuss this with you prior to altering the price.

    9. If the scope of our work changes and you do not agree to our altered price, you may elect for us only to carry out the work that originally quoted or you can elect to terminate the work and we will only invoice you for our work and costs to date.

  2. Our obligations

    1. We will:

      1. Carry out the work we have quoted for in a proper and competent manner and with reasonable care and skill;

      2. Provide goods that are of acceptable quality and will comply with any description that we have provided;

      3. Provide goods and services within the time that we have stated, or otherwise within a reasonable time.

    2. We have the right to sell the goods, and that the goods are free of any security.

  3. Delivery and Risk

    1. We send completed jewellery to you by a courier service. We cease to be responsible for damage or loss when you receive the jewellery.

    2. We become responsible for any goods that you send to us when we receive them (unless we have arranged for delivery to us).

    3. We will maintain appropriate insurance against loss or damage to any goods which we are responsible for.

    4. Ownership of jewels and other materials that is included in jewellery that is either purchased by you or repaired by us passes to you upon payment of the full purchase price.

  4. Repairs, Returns and Exchanges

    1. We will repair any jewellery that is damaged before it is delivered to you, provided you notify us within two weeks of delivery of the jewellery.

    2. We will consider a return and exchanges for unworn jewellery, provided the request is received within 7 days of delivery to you. We will not accept return and exchange of custom-made jewellery or Christmas sale orders unless we have breached our obligations under clause two.

    3. When requesting repairs, returns, or exchanges, we will require your name, invoice number and a description of the jewellery. If we accept the request, we will send you a shipping label and packaging for the item to be returned.

  5. Force Majeure

    1. Neither party shall be deemed in breach of the Contract, or otherwise liable to the other, by reason of any delay in performance, or non-performance of any of its obligations under the Contract to the extent that such delay or non-performance is caused by any event or circumstance beyond its reasonable control (“an event of force majeure”), including but not limited to any delay in performance or non-performance by any supplier or other third party service provider; adverse weather conditions; difficulties in obtaining material; equipment or supplies; power failure or breakdown in machinery; strikes; labour disputes; act of God; war; riot; civil commotion; compliance with any law or governmental order, rule, regulation or direction; fire, flood, or storm.

    2. If force majeure occurs, the party whose obligations are affected shall use all reasonable endeavours to keep the other informed and cooperate with the other, with a view to minimising the effect of such event upon the performance by the affected party of its obligations under the Contract. Where an event of force majeure continues for a period exceeding 30 days, either party may on written notice terminate the Contract.

  6. Privacy

    1. We collect personal information from you for the purpose of arranging bookings, marketing and training.

    2. You have the right to request a copy of any personal information that we hold for you and request correction of any personal information. You can make a request by calling 021 211 0378 or emailing minturnjewellery@gmail.com.

  7. General

    1. If the whole or any part of any provision of the Contract is determined to be invalid or unenforceable then such provision or part shall be severed from the body of the Contract which shall continue to be valid and enforceable to the fullest extent permitted by law. 

    2. Any failure or neglect by either party to enforce at any time any provision of the Contract shall not be construed as nor deemed to be a waiver of any of that party’s rights under the Contract. 

    3. The parties agree that the Contract and these Terms are not intended to benefit any third party and that the provisions of Subpart 1 of Part 2 of the Contract and Commercial Law Act 2017 are wholly excluded. 

    4. The Contract shall be governed by and construed in accordance with New Zealand law and the parties submit to the exclusive jurisdiction of the New Zealand courts in respect of any dispute or claim arising out of or in connection with the Contract. 

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