Terms and Conditions of Sale

THE VILLAGE GOLDSMITH LIMITED (“THE COMPANY”)

TERMS AND CONDITIONS

These terms and conditions shall apply to the use of this site and your contract with the Company for any purchases made from the Company.

PRICING

All prices listed on this website are in New Zealand dollars and include GST. Unless otherwise stated. If we post your item outside of New Zealand we will deduct this amount from the purchase price.
Because we make each piece individually and because each diamond is unique, in most cases we will provide you with an independent quote for the ring you are purchasing.

TERMS OF PAYMENT

If you are a New Zealand customer you can purchase the goods using Direct Credit, cash or by DPS Payment Express (which accepts all major credit cards including Mastercard and Visa.)
If you are an international customer you may purchase goods using Direct Credit, Telegraphic Transaction, Bankdraft or DPS Payment Express (which accepts all major credit cards.)
RISK

The risk for goods supplied by the Company shall pass to you when you sign for the goods on the delivery of the courier parcel.

All costs incurred in the recovery of overdue accounts, including but not limited to debt recovery charges, late payment penalties and legal fees will be added to the balance of your account.

An unpaid account may also be recorded on a credit information database held by a credit reporting agency.

RETURN POLICY

Returns will be accepted at the discretion of The Village Goldsmith and are subject to a quality assurance check. When we receive the item our quality assurance team will inspect the item. Any items that show signs of wear or that have been damaged and/or resized and/or altered by a third party will not be accepted for return and invalidate our return policy.

OUR RETURN PROCESS

Once we receive your return and it has been confirmed we will process your refund within a couple of days. When we receive the item our quality assurance team will inspect the item. Any items that show signs of wear or that have been damaged and/or resized and/or altered by a third party will not be accepted for return and invalidate our return policy.

HOW TO RETURN AN ITEM

Return Code: Email crafted@villagegoldsmith.co.nz or call us on 0800 500 299 and we will give you a return code.
Arranging Return: We will assist you in arranging an insured shipping method.
Packaging your return: Include all original packaging material and contents. If applicable ensure that you include your diamond certificate.
If you have any questions about our returns policy, please contact us on crafted@villagegoldsmith.co.nz

SHIPPING

We ship all over the world and offer complimentary shipping within New Zealand.
Delivery times are calculated from the time payment is received and your order has been completed in our workshop:
• In Stock items can be ready to dispatch in as little as 1 – 2 working days.
• Custom made pieces will take approximately 3 – 6 weeks to craft (for more information see our Custom Design section). When we provide you with a quote we will also confirm when your piece will be completed.

Orders over $1500.00

All items over $1500.00 will be sent via courier and are fully insured until they arrive at your door, at which time a signature will be required to complete delivery.
Standard shipping timeframes and details are as follows:
New Zealand
• Your order will be sent via national courier
• Delivery time is approximately 1-3 working days (but may vary for rural areas).
• Package will require a signature upon delivery.
International
• Your order will be sent via an international courier (either DHL or Fedex).
• Delivery times may vary according to local import processes but we will do our best to provide you with an approximate delivery time with your order.
• Package will require signature upon delivery.
• The recipient will be responsible for any international customs duties or taxes that may be applied in the country of delivery, which are collected by the carrier at the time of delivery.

WARRANTY

As our jewellery is hand crafted in our workshop we stand behind all our items. If you have any questions or concerns please contact us on +64 4 473 5253 or contact us through our contact page and we will work to resolve the issue.

GOODS AND SERVICES TAX

GST (15%) is included within the retail price of the item where applicable. If you are purchasing your item from outside of New Zealand then you will not be charged New Zealand GST. You will be responsible for paying any applicable local taxes or duties in your destination country. If you have any questions about this feel free to contact and we will provide you with more information. If you are planning to take the item out of New Zealand we will assist you in arranging a tax-free purchase.

ETHICAL DIAMOND SOURCE

At The Village Goldsmith we have a conflict-free diamond policy and take the issue very seriously. Many measures have been put in place over recent years to stop the flow of conflict diamonds. The Kimberley Process has been established which tracks diamonds from the mine to the market. Also many partnerships have been formed with the UN, governments and other organizations that manage diamond exports to prevent the trade of illegal diamonds.
The Village Goldsmith only purchases diamonds through respected diamond suppliers who adhere to our strict zero tolerance policy. For more information on the Kimberly Process Certification Scheme go tohttp://www.kimberleyprocess.com/

TAX FREE PURCHASES

When you purchase a piece of jewellery from us and you wish to take it out of New Zealand tax free this is the procedure that will occur.
Full payment for the piece must be made to the company within a 28 day timeframe, prior to you leaving New Zealand.
After you have cleared customs and immigration at the international airport you will leaving New Zealand from, you can present your copy of the “Tax Free Sales Receipt” at the airport collection point to collect your piece of jewellery. Our staff will give you guidance about where the collection point is located in the airport.
You must pick your jewellery up prior to your flight leaving New Zealand. You cannot pick it up on a return flight.
If you forget to pick your jewellery up prior to your departure flight you may need to pay the GST tax when you pick it up on your return to New Zealand.
If you are purchasing this piece tax free as a gift, you must present this gift/ engagement ring to that person while you are away overseas. If you wish to present this after your return to New Zealand you maybe expected to pay the GST tax on your return to New Zealand.

INTELLECTUAL PROPERTY

All intellectual property on this site, including without limit, the text, graphics and copyright works is owned by the Company.
All of our jewellery is designed by us, is unique and belongs to us. You cannot reproduce our designs, or have a jeweller (other than us) reproduce them for you.

REPAIRS TERMS AND CONDITIONS

An assessment will be carried out by a qualified expert prior to any repair taking place – this assessment will detail the condition & necessary repair of the item(s).

The Village Goldsmith accepts no liability in respect of any and all jewellery repairs or delays arising from jewellery repairs which we note are at the customer’s risk and this includes shipping to, from and while at The Village Goldsmith premises. 

Any such assessment shall not be relied upon by you, the customer, unless that assessment has occurred by a qualified expert. Any representation by The Village Goldsmith staff in-store and/or on receipt of the jewellery for repair, shall not be relied upon by you, the customer, as an assessment of the value, quality or authenticity of the jewellery item.

We accept no responsibility for gemstones that are chipped, cracked, fractured, damaged or not authentic, or where such an item is discovered during the course of the repair to be chipped, cracked, fractured, damaged or not authentic, or for gemstones that become loose during the repair undertaken.

In addition where you have provided a treated gemstone to The Village Goldsmith, and where this has not been disclosed to The Village Goldsmith at the time of receipt of the gemstone for repair, The Village Goldsmith takes no responsibility for the change of condition of the gemstone due to the repair requiring the removal of any internal and external treatments of the gemstones.

Similarly, The Village Goldsmith accept no responsibility for metals that are chipped, cracked, fractured, damaged or not authentic, or where such an item is discovered during the course of the repair to contain metals that are chipped, cracked, fractured, damaged or not authentic.

Any guarantee noted on your repair does not include damage or issues that arise from wear, accidental damage, misuse or abuse.

In the event that you leave Uncollected Goods with us for over 90 days, you agree that The Village Goldsmith will:-

Dispose of uncollected goods by way of disposal, auction or private sale for fair value, if you the customer have failed to collect the goods, provided we have given you written notice of our intention to dispose of the goods and you have failed to collect the goods.

Gold Buying Program

Upon inspection and/or analysis of your goods, Village Goldsmith will provide you with a quote for the purchase price of the goods.  That quote is Village Goldsmith’s full and final offer to purchase the goods from you at the quoted purchase price.  Your agreement to the quote provided by Village Goldsmith is an irrevocable acceptance of the purchase price offered and a legal agreement for Village Goldsmith to purchase, and you to sell, the goods for that purchase price.  Following purchase, the goods will be recycled and will not be available for resale or repurchase. This service is provided to enable recycling of precious metals, and generally no consideration will be given for gemstones

Amendments to Terms and Conditions

We reserve the right to amend these terms and conditions from time to time without further notice. Amendments will be effective immediately upon the inclusion of such amendments within the version of these terms and conditions on this website. Your continued use of the website following such amendment will be deemed to be your acceptance of and agreement to be bound by and comply with the terms and conditions as amended. It is your sole responsibility to regularly check the web site to determine if there have been any changes to these term and conditions and to review such changes.

GOLD TRADING TERMS & CONDITIONS

1. Interpretation
In this agreement unless context otherwise requires:

Account – means a The Village Goldsmith Limited account held by The Village Goldsmith Limited on your behalf or the purpose of facilitating any product or service, including holding or trading metals on behalf of the client

.Authorised Agent – means any person you have properly authorised to give trading or funding instructions to The Village Goldsmith Limited on your behalf in connection with your account.

Available Funds – means cleared funds, including funds which have been made available by means of direct debit.

Business day – means a day in which banks and foreign exchange markets are open for business in Auckland, New Zealand.

2. General
This agreement applies to all dealings between the client (collectively referred to as “you” or “your”) and The Village Goldsmith Limited (collectively referred to as The Village Goldsmith Limited, “we”, “our” and “us”) regardless of the facility/devise/mechanism used to facilitate the dealings.

3.
We will not be responsible for any loss or liability incurred by you where we do not receive your instructions or where any dealing or proposed dealing is interrupted, unable to be completed or unable to take place due to the failure of any telephone, computer, other electronic or technological device.

4.
Upon its commencement, this agreement replaces any agreement that currently exists between you and us and the obligations entered into under the prior arrangement will be treated as if they were entered into pursuant to this agreement.

5.
You acknowledge that by placing an order with The Village Goldsmith Limited or creating an account you evidence your acceptance of this binding agreement.

6. Your Commitments
You warrant that all information provided by you in your application is complete and correct and is not misleading, and agree that we may rely on that information unless and until we receive written notice of any change signed by you. Any such varied information will be covered by this warranty.

7.
You warrant that you have full capacity, power and are otherwise properly authorised to enter into obligations and exercise rights pursuant to this Agreement. If you are a company, you warrant that you are duly incorporated and validly existing in your jurisdiction of incorporation. If you are the trustee of a trust or superannuation fund and that you have the right to be fully indemnified out of trust assets or the superannuation fund for obligations incurred under the Agreement.

8.
You represent that at all times during your dealings with us you will be in a position to meet all your commitments and obligations arising from these dealings.

9.
You acknowledge that we do not give personalised advice or make personalised recommendations and that is therefore your responsibility, before ordering the purchase or sale of any precious metal through us, to assess and evaluate the proposed transaction in the light of your then current financial situation, investment objectives and particular needs.

10.
You acknowledge that the type, nature, extent, service provider or platform of any service, product or facility available to you may change from time to time. In such circumstances where it considers it reasonably necessary, The Village Goldsmith Limited provides notice to you of the change.

11.
You acknowledge that The Village Goldsmith Limited is not responsible for the reliability, completeness or accuracy of any third party information it provides or makes available to you. The Village Goldsmith Limited shall choose third party providers that it considers suitable and use reasonable endeavours to inform you of any deficiencies (of which it becomes aware) with respect to any information.

12.
You acknowledge that The Village Goldsmith Limited is entitled to rely on instructions from any authorised Agent that you appoint until it has notice in writing from you a reasonable time before a transaction is due to occur that such appointment has been revoked.

13.
You acknowledge that The Village Goldsmith Limited has the right to correct any trading or administrative errors including but not limited to reversing or cancelling orders without your consent.

14.
You acknowledge The Village Goldsmith Limited operating policy as follows: The Village Goldsmith Limited endeavours to deal fairly and in due turn with all orders to buy and sell precious metals regardless of your instructions source or method of delivery. It is practice of The Village Goldsmith Limited to enter all orders in the sequence in which they are received, and otherwise as expeditiously as practicable as but no earlier than receipt of notification by The Village Goldsmith Limited from its bank of the purchase monies becoming available funds.

15.
You acknowledge that all orders are automatically assigned an expiry date unless otherwise specified by you at the time of placing an order. This expiry date is 4:30pm NZ time of the Business day which the order was placed, unless otherwise extended at the sole discussion of The Village Goldsmith Limited. All transactions are real time and cannot be cancelled. Any foreign exchange rate utilized by us will be the applicable The Village Goldsmith Limited foreign exchange rate as at the time and on the date on which the transaction has been effected.

16.
You agree and warrant notifying The Village Goldsmith Limited immediately or any errors or omissions in our records with respect to your details or Account.

17.
You acknowledge that in times of highly volatile, fast moving and turbulent market conditions, all trade requests at the current “actual” market value (“live” pricing) unless otherwise agreed with The Village Goldsmith Limited.

18.
You acknowledge that The Village Goldsmith Limited reserves the right to suspend trading, or immediate fulfilment of orders in times of high market volatility or fast moving market conditions.

19.
You acknowledge that prices published by The Village Goldsmith Limited in daily price sheets (or otherwise) are for indicative purposes only and subject to this Agreement, the pricing of your order is normally “locked in” (based on a premium over the spot price of the metals) at the time of order confirmation.

20.
You acknowledge that all orders are FINAL. Once your order is confirmed, you cannot change, modify or cancel the order.

21.
You acknowledge that it is your responsibility to take delivery of the metal.

22.
You acknowledge that The Village Goldsmith Limited, at its sole discretion, may introduce or amend storage fees or storage conditions. The Village Goldsmith Limited will endeavour to notify you of such an amendment.

23.
You acknowledge that this Agreement is governed by the laws of New Zealand.

24. Your Instructions
All instructions are subject to the law, and the terms of this Agreement.

25.
It is your responsibility to ensure that all instructions given to The Village Goldsmith Limited (whether by you or an Authorised Agent) are in accordance with the law, and this Agreement.

26.
The Village Goldsmith Limited will make all reasonable efforts to carry out your clear instructions promptly, subject to clause 25. You acknowledge that where your instruction is given in writing, whether faxed, posted, SMS or by e-mail, the instruction will be deemed to have been received by us when we act on the relevant instruction. Accordingly you accept responsibility to ensure that your written instruction has been received and actioned by The Village Goldsmith Limited.

27.
We are not obliged to accept any application or instruction to trade.

28.
We will act only within the parameters of your instructions.

29.
If we consider it is our reasonable interest to do so and to the extent permitted by law, we may decline to act on your behalf in relations to any particular dealings, without explanation or advance notice. Additionally we may decline to act on your behalf: Where we believe the transaction would result in no change of beneficial ownership: Or Where we believe the instructions are ambiguous, incomplete or unclear.

30.
If more than one person constitutes the client, then they are jointly and severable bound by this Agreement and we are entitled to act upon the instructions of any one of those persons. Unless specified otherwise on the account application form.

31. Payment and Settlement Obligations
You must pay The Village Goldsmith Limited
a. Consideration for any purchase of precious metals, commission, fees and charges in connection with your Account at the rates and currency notified by us in writing from time to time
b. Any fees, taxes or other charges levied by a third party on The Village Goldsmith Limited in connection with your order or        

Account: and
c. Interest on any unpaid amounts at the rate determined by us from time to time from the day the amount falls due until the date of the paid:
d. All costs, expenses/losses accrued by The Village Goldsmith Limited as a result of your failure to settle by due date included.

32.
In the event of any default by you in the fulfilment of any of your obligations to us;
a. You must pay us a default administration fee of NZ$250 + GST for each default; and
b. You must compensate and indemnify us  (including our subsidiaries, and their respective directors, employees, contractors and agents) in respect of any and all losses, claims and expenses incurred by us as a result of your default; and
c. Without limiting the generality of (b) above, we may exit all of the positions taken by us in relation to your Contract, including any physical contracts, in which case you will indemnify us in respect of any costs and losses we may incur as a result of exiting any position; and
d. Without limiting the generality of (b) above, if you default in payment of an invoice (which includes termination or cancellation of an order by you) you will pay us the difference between the price invoiced to you for any Product and the current buyback price (as determined by us) of the Product as at the date your default is processed; and
e. You irrevocably authorise us to debit your Account (including your credit card or debit card account) in respect of any such losses; and
f. We may refuse to accept or fulfill any further orders from you for Product or our Services

33.
You are required to provide Available Funds to pay for all costs in connection with a purchase of precious metals, by settlement date or at any earlier time as required by The Village Goldsmith Limited.

34. Authorities and Indemnities
Clauses 33 to 40 (inclusive) of this Agreement will continue in full force and effect after this Agreement expires or is terminated.

35.
In connection with the establishment of these arrangements and the collection of overdue payments, you authorise us to supply relevant information contained in your application form and other records to a credit reporting agency and to obtain credit reports about you from credit reporting agency.

36.
You authorise us to record any telephone conversation(s) between you and us, with or without an audible tone warning device.

37.
You agree to pay our normal commission fees and to reimburse us for any extraneous costs, such as GST, for transactions made on your behalf.

38.
You authorise us to appropriate any credits, payments and other receipts from you or from your Account in such manner and order as we think fit against any amounts due or owing by you to us or otherwise.

39.
You agree to indemnify, The Village Goldsmith Limited, its subsidiaries, and their respective directors, employees, contractors and agents against all costs, including but not limited to losses, damage, actions, proceedings, claims, costs (including legal costs), demands, damages, liabilities or expenses which may be brought against, suffered or incurred by The Village Goldsmith Limited by reason of breech of this Agreement.

40.
You agree to release to The Village Goldsmith Limited, its subsidiaries, and their respective directors, employees, contractors and agents from any obligation or liability with respect to any loss, whether direct or consequential, that you suffer or incur in connection with your business dealings with The Village Goldsmith Limited.

41.
The Village Goldsmith Limited shall not be liable for any loss arising in connection with the operation (including delays and errors) breakdowns, disruption to or malfunction of any system, device or service.

42. Variation
We reserve the right to vary this Agreement. Any variation of this Agreement shall apply to all dealings between you and us from the day on which the variation takes effect. If we vary this Agreement, we shall give not less than seven days notice to you at the postal or electronic address last notified to us by you. However, we may make a variation without prior notice where such variation is necessary to restore or maintain the security of our systems or any Accounts.

43. Notice
Any notice, request, demand or other communication may be sent to your postal or electronic address last notified to us and the notice, request, demand or other communication shall be taken to have been received by you if sent by prepaid letter on the Business day following posting and if sent by facsimile or other electronic means when there is confirmation of receipt by whatever means.

44 Termination
Subject to the completion of any outstanding obligations, these arrangements may be may be terminated by either party giving not less than seven days written notice to the other party.

45. Assignment
You must not assign this Agreement without prior written consent of The Village Goldsmith Limited. The Village Goldsmith Limited may assign this agreement without notice to you.

46. Severance
If the whole or any part of a provision of this Agreement is or shall become void, unenforceable or illegal, the remainder of this Agreement shall have full force and effect. The parties agree that in such a case, the provision held void, unenforceable or illegal shall be replaced by such provision that in its commercial and legal context is most similar to the provision held void, unenforceable or illegal.

47. Privacy
The Village Goldsmith Limited
 and entities controlled by it are subject to the Privacy Act 1983.

a) Collection of Personal Information. We collect personal information (including your full name, address and contact details) so that we may administer our relationship with you, provide you with products and services you request, as well as information about The Village Goldsmith Limited products and services. Where it is necessary to do so, we also collect information on individuals such as company directors and officers (where the company is our client), as well as client’s agents and persons dealing with us on a “one off” basis. If you provide us with incomplete or inaccurate information, we may not be able to provide you with the products or services you are seeking.

b) Disclosure of Personal Information We may communicate personal information to:
i. Agents who refer business to us, and external product providers and
ii. Organisations who we outsource certain functions. In all circumstances where contractors and agents may become aware of personal information, confidentiality arrangements apply. Personal information may only be used by our agents and contractors for our purposes. We may be allowed or obliged to disclose information by law.

c) Access to Your Information

You are entitled to see and have corrected any information we hold about you, any transaction entered into by you with The Village Goldsmith Limited, and your The Village Goldsmith Limited accounts.

48. Warranties
You acknowledge and agree that the representations and warranties given under this agreement shall be deemed to be repeated each time you enter into any service or transaction with us.