Terms of service

Overview

This website is operated by La Oribeli. Throughout the site, the terms "we", "us" and "our" refer to La Oribeli. By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by these Terms of Service ("Terms"), including the additional policies referenced herein or available by hyperlink. These Terms apply to all users of the site. Please read them carefully before accessing or using the website; if you do not agree to all of these Terms, you may not access the website or use the Service. We reserve the right to update, change or replace any part of these Terms by posting updates to this page, and your continued use of the website following any change constitutes acceptance of that change. Our store is hosted on Shopify Inc., which provides the online e-commerce platform that allows us to sell our products to you.

1. Online store terms

By agreeing to these Terms, you represent that you are at least the age of majority in your place of residence. You may not use our products or the Service for any illegal or unauthorised purpose, nor may you violate any laws in your jurisdiction in using the Service, or transmit any worms, viruses or code of a destructive nature. A breach of any of these Terms will result in immediate termination of your Service.

2. General conditions

We reserve the right to refuse service to anyone, for any reason, at any time. You understand that your content (not including payment card information) may be transferred unencrypted and involve transmissions over various networks; payment card information is always encrypted during transfer. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service without our express written permission. Headings are for convenience only and do not limit these Terms.

3. Accuracy, completeness & timeliness of information

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 primary, more accurate, more complete or more timely sources of information; any reliance on the material on this site is at your own risk. This site may contain certain historical information, which is necessarily not current and is provided for your 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, and you agree that it is your responsibility to monitor changes to our site.

4. Modifications to the Service & 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 thereof) without notice. Subject to the Australian Consumer Law, we shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

5. Products, descriptions & screen display

All La Oribeli pieces are made to order. We have made every effort to display the colours and images of our products as accurately as possible; however, we cannot guarantee that your screen’s display of any colour will be accurate, and minor variation between product images or renders and the finished handcrafted piece is an inherent characteristic of handmade jewellery and not a defect. We reserve the right (but are not obligated) to limit the sale of our products to any person, geographic region or jurisdiction, to limit quantities, and to discontinue any product at any time. Product descriptions and pricing are subject to change at any time without notice. All materials used in each piece are listed on its product page, and it is the customer’s responsibility to review them prior to purchase: La Oribeli is not responsible for allergic reactions or sensitivities to materials that have been disclosed on the product page, and such reactions do not constitute a defect or a failure of the consumer guarantees under the ACL.

Photographs and videos of our pieces are captured under professional studio lighting and often at high magnification or close-up: the colour, brilliance and perceived size of a piece in real life may therefore differ from how it appears in photographs or video, and stones and details may appear larger than their actual size. The dimensions and specifications stated in the product listing prevail over any impression given by imagery.

Some product images displayed on this site are computer-generated (CAD) renders rather than photographs. These renders are produced directly from the same CAD files used to manufacture the piece, so they are structurally accurate; however, as computer-generated images, they may differ from the finished piece in respects such as surface finish, colour tone, lighting, reflectivity, brilliance and perceived scale. Where available, true photographs and/or video of the product are also shown. Variation between a rendered image and the finished handcrafted piece of this nature is inherent to rendered imagery, is not a misdescription, and does not constitute a defect or a failure to comply with the consumer guarantees under the Australian Consumer Law or any other applicable consumer protection laws.

6. Diamonds, gemstones & product specifications

All diamonds used in La Oribeli pieces are laboratory-grown diamonds, not natural (mined) diamonds, and all pieces are described and sold on that basis. Laboratory-grown diamonds are graded against the same standards as mined diamonds. As every La Oribeli design is different, stone total carat weight for each design is stated in its product listing and is approximate only: actual total carat weight may vary within the range stated in the listing (or, where a single weight is stated, by up to approximately 0.10ct), owing to variations in gemstone density and mineral composition inherent in the growth and cutting process. Stones are selected at a minimum grading of VS2 clarity, G colour and Very Good cut (or better in each case). While we endeavour to select within the highest grades for particular pieces, variation between individual stones is inevitable, and La Oribeli selects each stone on the basis of its visual performance assessed by eye, rather than by its certificate alone. Variation in carat weight or grading within the parameters stated above is an inherent characteristic of the goods and does not constitute a defect, a misdescription, or a failure to comply with the consumer guarantees under the ACL.

The colour and intensity of individual stones will also vary naturally from stone to stone, and may differ from renders, photographs and videos, within the grading parameters stated above. Likewise, minor variation in the colour and finish of gold and other precious metals may occur between pieces owing to alloy batches and hand-finishing. Precious metals naturally develop a patina and may tarnish, dull or oxidise over time with wear and with exposure to air, moisture, chemicals, perfumes and cosmetics: this is a natural property of the metal and the normal result of wear, not a manufacturing fault, and is excluded from our warranty and from any assessment of defect as set out in our Return & Refund Policy. In particular, black rhodium is a surface plating: black rhodium finishes will fade, lighten and wear back over time with use, gradually revealing the tone of the underlying metal. This is an expected and unavoidable characteristic of black rhodium (and all rhodium-plated) jewellery, not a manufacturing fault, and the rate of fading depends on wear, skin chemistry and exposure to chemicals and abrasion. Similarly, white gold is naturally a warmer-toned alloy that is finished with a bright white rhodium plating: as that plating fades and wears with use, the warmer tone of the underlying alloy will gradually show through, and white gold pieces will require periodic re-plating over time to maintain their bright white finish. The need for re-plating is routine maintenance inherent to white gold jewellery, is undertaken at the customer’s own cost, and is not a manufacturing fault or defect. Care instructions are provided with each piece and should be followed to maintain its finish.

7. Pricing

Pricing is subject to change without notice and may vary from piece to piece depending on factors including gold weight, precious-metal market fluctuations and gemstone costs. The price payable for an order is the price stated at checkout or quoted in writing at the time the order is placed. Taxes and shipping are not included unless expressly stated.

8. Payment

Payment of the full purchase price is required at the time of ordering. La Oribeli does not accept deposits or part-payments, and production of a piece will not commence until payment has been received in full.

9. Orders & billing information

We reserve the right to refuse or cancel any order you place with us, and to limit or cancel quantities purchased per person, per household or per order, including orders placed under the same customer account, payment card, or billing/shipping address, and orders that in our sole judgment appear to be placed by dealers, resellers or distributors. If we change or cancel an order, we will attempt to notify you via the contact details provided at the time of order. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store.

10. Custom commissions

For custom commissions, the customer’s approval of the final design render constitutes final and irrevocable confirmation of the order specifications. Once the final render has been approved, the commission cannot be changed, altered or cancelled, and production will proceed strictly in accordance with the approved render. It is the customer’s responsibility to review the final render carefully (including dimensions, materials, stones, engraving and finish) prior to approval, and La Oribeli accepts no liability for any error or omission in specifications approved by the customer at the render stage. Nothing in this clause limits the consumer guarantees under the Australian Consumer Law in respect of workmanship or conformity of the finished piece with the approved render.

The approved render is a computer-generated representation produced from the manufacturing CAD file: the finished handcrafted piece will be structurally consistent with it, but may exhibit the variations in finish, colour tone, lighting and reflectivity described above, and such variation is not a defect. Nothing in this clause limits the consumer guarantees under the Australian Consumer Law, or any other applicable consumer protection laws, in respect of workmanship or structural conformity of the finished piece with the approved render.

11. Cancellations

As all pieces are made to order, orders cannot be cancelled, amended or refunded once production has commenced. La Oribeli reserves the right, at its sole discretion, to accept or decline any order prior to acceptance.

12. Returns, refunds & warranty

All sales are final. Returns, refunds, exchanges and warranty claims are governed by our Return & Refund Policy, subject always to the non-excludable consumer guarantees under the Australian Consumer Law.

13. Resizing

La Oribeli does not offer resizing. As all pieces are crafted overseas and made to order, it is the customer’s responsibility to confirm the correct size prior to ordering (and, for custom commissions, prior to approving the final render). Any resizing after delivery is undertaken at the customer’s own cost and risk through a qualified jeweller of the customer’s choosing, and resizing or any other alteration by a third party will void any assessment of manufacturing fault attributable to our workmanship.

14. Shipping

Shipping is governed by our Shipping Policy. We are not liable for delays in delivery once an order has been dispatched, including delays caused by customs processing, couriers, or incorrect or incomplete delivery information provided by the customer, except to the extent required by the Australian Consumer Law. Once an order has been signed for or marked as delivered by the courier, La Oribeli is not responsible for lost or stolen items. For international orders, the recipient is responsible for all customs charges, import duties and taxes levied by the destination country, as set out in our Shipping Policy.

15. Optional tools & third-party links

We may provide you with access to third-party tools, and certain content or services on the site may include links to third-party websites, over which we have no control or input. Such tools and links are provided "as is" and "as available" without any warranties, representations or conditions of any kind and without endorsement, and your use of them is entirely at your own risk. We are not liable for any harm or damage arising from your purchase or use of goods, services, resources or content on any third-party website; please review the relevant third party’s policies before you engage in any transaction, and direct any complaints or questions regarding third-party products to the third party.

16. User comments, feedback & other submissions

If you send us creative ideas, suggestions, proposals, plans or other materials, whether at our request or otherwise (collectively, "comments"), you agree that we may, at any time and without restriction or compensation, edit, copy, publish, distribute, translate and otherwise use your comments in any medium, and that we are under no obligation to maintain comments in confidence or to respond to them. Your comments must not violate any right of any third party (including copyright, trademark, privacy or other proprietary rights), must not contain unlawful, abusive, obscene, defamatory or malicious material, and must not mislead us or third parties as to their origin. We may, but have no obligation to, monitor, edit or remove content we determine in our sole discretion to be objectionable or in violation of these Terms. You are solely responsible for the accuracy of any comments you make.

17. Personal information

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

18. Errors, inaccuracies & omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times or availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders where any information is inaccurate, at any time without prior notice (including after you have submitted your order). We undertake no obligation to update or clarify information except as required by law.

19. Prohibited uses

In addition to the other prohibitions in these Terms, you are prohibited from using the site or its content: for any unlawful purpose; to solicit others to perform unlawful acts; to violate any regulations, rules or laws; to infringe our intellectual property rights or those of others; to harass, abuse, defame, intimidate or discriminate; to submit false or misleading information; to upload or transmit viruses or other malicious code; to collect or track the personal information of others; to spam, phish, spider, crawl or scrape; for any obscene or immoral purpose; or to interfere with or circumvent the security features of the Service. We reserve the right to terminate your use of the Service for violating any of the prohibited uses.

20. Intellectual property

All content on this site, including designs, images, renders, text and branding, is and remains the property of La Oribeli and may be used for personal, non-commercial purposes only. Any custom designs created at your request become and remain the intellectual property of La Oribeli.

21. Disclaimer of warranties; limitation of liability

We do not guarantee that your use of our Service will be uninterrupted, timely, secure or error-free, nor do we warrant that the results obtained from use of the Service will be accurate or reliable or that any errors in the Service will be corrected, and we may remove or cancel the Service at any time without notice. Except as expressly stated by us and subject to the ACL, the Service and all products delivered through it are provided "as is" and "as available", and in no case shall La Oribeli, our directors, employees, affiliates, agents, contractors, suppliers or service providers 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 or replacement costs) arising from your use of the Service or any products procured through it, even if advised of the possibility. Nothing in these Terms excludes, restricts or modifies the application of the Australian Consumer Law or any liability that cannot lawfully be excluded, and where liability cannot be excluded, our liability is limited to the maximum extent permitted by law.

22. Indemnification

You agree to indemnify, defend and hold harmless La Oribeli and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, suppliers and employees 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 or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

23. Severability

If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed without affecting the validity and enforceability of the remaining provisions.

24. Termination

The obligations and liabilities of the parties incurred prior to termination survive termination for all purposes. These Terms are effective unless and until terminated by you or by us. You may terminate these Terms at any time by ceasing to use our site; if in our sole judgment you fail to comply with any term of these Terms, we may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.

25. Entire agreement

Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision. These Terms and any policies posted by us on this site constitute the entire agreement between you and us and govern your use of the Service, superseding any prior agreements, communications and proposals, whether oral or written. Any ambiguity in the interpretation of these Terms shall not be construed against the drafting party.

26. Governing law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Victoria, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of Victoria.

27. Changes to Terms of Service

You can review the most current version of the 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 by posting updates to our website. It is your responsibility to check this page periodically for changes, and your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

28. Discounts

La Oribeli does not offer discounts and will not honour discount codes from any source (including codes published by third-party websites or search engines).

29. Contact information

Questions about these Terms of Service should be sent to us at contact@laoribeli.com.