Terms & Conditions

By visiting our website you are agreeing to our terms and conditions. When you complete a purchase, you agree to be bound by these terms and conditions. We reserve the right to update these terms and conditions at any point, and you agree to be bound by the most recent updated version of them. All references to amounts are in New Zealand dollars inclusive of GST. We are a designer-owned business in New Zealand & any purchasers made via our website are governed by New Zealand law. We design all of our jewellery ourselves, therefore any duplication, copying, or reproduction of any of the items showing on our website in any shape or form is strictly prohibited. Any taxes and duties are the responsibility of the purchaser. We take no responsibility for any delay in the processing of your purchase should local taxes or duties be applied when shipping overseas. We do not accept returns or exchanges & all sales are final. If you receive a defective or damaged item, please contact us within 3-5 working days and immediately in the case of damage incurred during shipment. If your purchase becomes faulty at a later date, please contact us with a detailed description of the damage and photos along with your order number and purchase date. Where possible we will repair or replace your items expediently. By placing an order directly through our site, you warrant that:
You are at least 18 years old. You are legally capable of entering into binding contracts; and You have read, understood and agreed to these Terms and Conditions.

YOUR ORDER
After placing an order, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. We will confirm acceptance of your order by sending you an email that confirms that Products have been dispatched (Dispatch Confirmation) and your contract will relate only to those Products dispatched. Your credit/card will not be charged until we send you the Dispatch confirmation, except in the case of pre-order or commission items, when you will be required to make payment in advance.

A delivery charge will be added to your order value where appropriate, please see delivery times and charges relating to the product that you wish to purchase.

PRICE AND PAYMENT
Payment for all products must be by credit or debit card. We will not charge or debit your card until your order is available for dispatch.
Please note that Bespoke or Made to Order items may require full payment in advance. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection. We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing.

DELIVERY
The Products will be at your risk from the time of delivery.
Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
If your item is a commission, please check estimated delivery times and allow up to 6-8 weeks for delivery. If your item is temporarily out of stock, we will notify you of the delay and dispatch it as soon as it arrives IN STOCK.

ACCURACY OF CONTENT
We have taken great care in the preparation of the content of our website, in particular to ensure that the details, descriptions and prices are correct at the time of publishing. However, it is possible that the details of some of the products or services that you link to from our site, may have been changed, amended or may no longer be available through that third party site.
We therefore do not give any warranty as to the accuracy or completeness of our site and will not be responsible for any errors or omissions or for the results arising from the use of such information.

AMENDMENTS
We reserve the right to change, modify, substitute or remove without notice any products, services or information on this site from time to time.

OUR LIABILITY
We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.

Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.

This does not include or limit in any way our liability:
For death or personal injury caused by our negligence.
For fraud or fraudulent misrepresentation; or
For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability; or For any deliberate breaches of these Terms by us that would entitle you to terminate the contract between us. We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable provided that this clause shall not prevent claims for loss of or damage to your tangible property that fall within the terms of the quality warranty clause above or direct foreseeable loss claims as above, or any other claims for direct financial loss that are not excluded by any of categories of this clause.

IMPORT DUTY
If you order products they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order. Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.

WRITTEN COMMUNICATIONS
When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

NOTICES
All notices given by you to us must be given to Fiona Knapp Jewels at info@fionaknappjewels.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 13 (www.practicallaw.com/A above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.

TRANSFER OF RIGHTS AND OBLIGATIONS
The contract between you and us is binding on you and us.
You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
Strikes, lockouts or other industrial action.

Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.

Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

Impossibility of the use of public or private telecommunications networks.
The acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

WAIVER
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14 www.practicallaw.com. SEVERABILITY
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

ENTIRE AGREEMENT
These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.

Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions. Our right to vary these terms and conditions:
We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.

You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).