Terms and Conditions
Please take the time to read these before choosing to hire.
1 Keeping Account Information and Passwords
confidential and Safe
In using this Website you accept that you are responsible for maintaining the confidentiality of your account and password and responsible for preventing unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account and password. You should take all necessary steps to ensure your password is kept confidential and secure and should inform us immediately if you have reason to believe that your password has become know to anyone else, or could be used in an unauthorised manner.
2 Warranting that Data you enter is true
2.1 When you register your details at this Website you warrant that the Personal Information that you provide when you register as a customer during a transaction or subsequently update is true accurate current and complete in all respects. It is your responsibility to update this information (using the Your Details section of the Website) as soon as you become aware of any changes.
2.2 You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
3 Your conduct whilst using the Website
3.1 You must not use the Website in such a way that is likely to cause any kind of disruption or damage to the Website or its level of service.
3.2 Your use of our Website must be for lawful purposes and not in connection with any fraudulent or criminal activity.
3.3 You alone are responsible for the communications sent from your computer and you should not communicate any material that is inaccurate illegal or offensive.
4 Availability of the Website
We will endeavour to ensure that the Website is available at all times and that its content downloads to you without error, however, due to the limitations of the Internet this cannot always be guaranteed. Maintenance to our systems may also necessitate the suspension of services at certain times however we will try our utmost to minimise such occurrences.
5 Licence for accessing the Website
You are granted a limited non exclusive licence to access and make personal use of the Website, but not to download (other than page caching) or modify it or any portion of it except with our written permission. Resale, commercial use, downloading, copying and automated data gathering from this Website or its contents is expressly forbidden.
6 Hire of Goods
6.1 We are hiring to you the jewellery (‘the Goods’) for the minimum period of three days and after that upon the terms and conditions set out in your contract with us including those set out in these terms and conditions.
6.2 The initial period of hire of the Goods will be as set out in a confirmation of order email. This may be extended with our prior email authorization.
6.3 The maximum period of hire will be 14 days, unless otherwise arranged.
6.4 You agree to pay a security holding deposit of 30% of the retail value of the items borrowed. This amount will be charged to your card on the day of dispatch of your items. The deposit will be returned to the card when goods have been received back as per the contract dates. If the items are lost or stolen this will be a payment of the excess owing for replacement of the items or be used towards the repair of any damage to the goods, beyond normal wear and tear.
7 The Contract between us
7.1 We must receive payment of the Initial Rental(s) for the Goods, your acceptance of liability for the payment of the 30% excess if the pieces are lost or stolen. You agree to pay for any repair of damage while the goods were in your care and for this amount to be deducted from the 30% excess paid on hiring.
7.2 Once payment of the Initial Rental(s) for the Goods and your acceptance of liability for any uninsured loss, theft of or damage to the Goods has been received by us and we have card authorised the replacement value for the Goods we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form. Our acceptance of your order brings into existence a legally binding contact between us.
8 Portrayal of Products
Every attempt is made to portray items as accurately as possible although slight variations may occur. The reproduction of colour is as accurate as photographic and publishing procedures allow. Please be aware that there may be differences in colour depending on individual screen calibration.
9 Payment of Rental(s)
9.1. You will pay to us without previous demand the Rental(s) payable for the Goods that you order as set out in our Website punctually. Any payments sent to us by post will be at your risk.
9.2 You will be required to pay extra for delivery. It might not be possible for us to deliver to some locations. Our delivery charges are set out in our Website and will be payable by you on making your order.
10 Delivery of Goods to you
10.1 We will deliver the Goods ordered by you to the address you give us for delivery at the time you make your order via Australia Post Registered mail services. This is person to person delivery, YOU must pick the piece up providing current photo identification with your current postal address. If you wish for someone else to pick up the goods you must notify us in writing at least one week prior to the goods being sent.
10.2 Delivery will be made after your order is accepted and on or as soon as possible after the dispatch date you selected on our order page and in any event Goods will be dispatched within 1 day of your the dispatch date you selected on our order page and we will e-mail you at the email address you provide on your order form to confirm that the Goods have been dispatched to you.
10.3 All items are subject to availability. If delivery is delayed due to unavailability or unforeseen factors (including pricing errors) we will advise you of the delay as soon as practicable. We will provide an estimate of the likely dispatch date and allow you to cancel your order if this is unacceptable to you by notifying us in writing of your wish to do so at any time before the estimated dispatch date.
11 Not to interfere or modify
You will not interfere with the Goods or modify or tamper with any part of the Goods, nor allow anyone except our representative to do any of these things. I f the piece becomes damaged do not attempt to repair it, please contact us as soon as possible and we will advise form there.
12 Loss or damage
12.1 If the goods are lost, stolen or damaged (beyond repair) , the 30% excess paid upon sending of the goods will be retained by us to cover the excess on replacement of the goods. The cost of repairs will also be deducted from the 30% excess and any balance paid back to you.
12.2 You agree to notify us immediately of any such loss, theft, damage or destruction.
12.3 If on the return of the Goods to us they are damaged or not in the conditions supplied, and our insurers are not satisfied, we will endeavour at your cost to return the Goods to their original condition and you authorise us to deduct the cost thereof from the monies held under the 30% excess retained by us.
12.4 Failure to provide payment for non-returned goods will result in prosecution.
13 Prohibition against sale etc
You will not sell, hire or purport to sell, hire, loan or dispose of or part with possession of the Goods, nor allow them to be seized in satisfaction of your debts or for any other legal process, and will indemnify us against all losses, costs, claims, damage and expenses howsoever occasioned by your breach.
The Rental quoted will provide for GST payable under the laws of Australia.
15.1 If the Goods we deliver are not what you ordered or are damaged or defective, we will have no liability to you unless you notify us in writing at our contact address of the problem within seven working days of the delivery of the Goods in question.
15.2 If you do not receive the Goods ordered by you within 2 days of the dispatch date you selected on our order page , we shall have no liability to you unless you notify us in writing at our contact address of the problem within 2 days of the date on which you ordered the Goods.
If you notify a problem to us under this condition, our only obligation will be, at your option:
15.2.1 to make good any non-delivery
15.2.2 to replace or repair any Goods that are damaged or defective; or
15.2.3 to refund to you the amount paid by you for the Goods in question in whatever way we choose.
15.3 Save as precluded by law or otherwise in this agreement, we will not be liable to you for any indirect or consequential loss, damage or expenses which are not foreseeable howsoever arising out of any problem you notify us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund you the amount paid by you for the Goods in question under clause 15.2.3 above.
15.4 We accept no responsibility for consequential loss or damage howsoever arising from this hire agreement your contract with us unless it arises from our negligent act or default in which case the compensation payable shall be limited to the Rentals paid.
15.5 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer in Australian Law.
16 Termination by us
16.1 We reserve the right to terminate the contract between us whereupon you will no longer be entitled to the Goods if:
16.1.1 you have made any misrepresentation to us,
16.1.2 you fail to pay us the Rentals or any other monies due under this contract between us when due
16.1.3 if we do not deliver to your area,
16.1.4 we do not have the Goods you ordered in stock
16.1.5 one or more of the Goods you ordered was listed at an incorrect price due to a typographical error
16.1.6 you breach these terms and conditions and your contract with us
16.1.7 you suffer a petition for a bankruptcy order to be presented, or call any meeting of your creditors, or execute any assignment for their benefit
16.2 In the event of a breach in accordance with clause 16.1 you must return the Goods to us via Australia Post registered mail or such other mode of delivery acceptable from time to time by our insurer at your own expense and risk within five working days of us notifying you in writing of our intention to terminate the contract ensuring that the Goods are packaged adequately to prevent damage in transit and if we notify you of our intention to terminate your contract but we have already processed the Goods for delivery you must not unpack the Goods when they are received by you. If you prefer us to arrange collection we will make arrangements with our carriers and deduct the cost of carriage (which is equivalent to the dispatch carriage cost) from your refund of the Rentals.
16.3 Once we have notified you that we are terminating your contract, any Rentals sum debited by us from your credit card in respect of
(a) Goods to be supplied which will not then be supplied
(b) any period of hire after the Goods have been returned to us
(less any ancillary costs we incur) will be re-credited to your account as soon as possible and in any event within thirty working days of receipt by us of the Goods returned by you and received by us in the condition they were in when delivered to you.
16.4 If you do not return to us the Goods delivered to you or you do not pay the cost of delivery within five working days of us notifying you in writing of our intention to terminate the contract, we shall be entitled to collect the Goods from you and deduct the direct costs of recovering the Goods from the Rentals to be re-credited to you. If there is any damage or deterioration in the Goods we will charge you for their reduction in value.
16.5 Upon termination of the contract the provisions of clause 18 will apply.
16.6 This termination policy does not affect your statutory rights.
17 Termination by you
17.1 You acknowledge that you will not have the right to terminate the contract where the performance of the contract by us has begun (i.e. upon dispatch of the Goods to you) before the end of the seventh working day beginning with the day after the date that your contract came into existence.
17.2 To terminate your contract you must notify us in writing as soon as possible at our contact address.
17.3 On termination of the contract you must return the Goods to us via Austrailia Post registered mail or such other mode of delivery acceptable from time to time by our insurer at your own expense and risk within five working days of notifying us in writing of the termination ensuring that the Goods are packaged adequately to prevent damage in transit and if you terminate your contract but we have already processed the Goods for delivery you must not unpack the Goods when they are received by you. If you prefer us to arrange collection we will make arrangements with our carriers and deduct the cost of carriage (which is equivalent to the dispatch carriage cost) from your refund of the Rentals.
17.4 Once you have notified us that you are terminating your contract, any Rentals sum debited by us from your credit card will be re-credited to your account (subject to the deductions as per clause 17.7) within thirty working days of receipt by us of the Goods returned by you and received by us in the condition they were in when delivered to you.
17.5 If you do not return the goods delivered to you or do not pay the cost of delivery within five working days of notifying us in writing of the termination, we shall be entitled to collect the Goods from you and deduct the direct costs of recovering the Goods from the Rentals to be re-credited to you. If there is any damage or deterioration in the Goods we will charge you for their reduction in value.
17.6 We will be entitled to deduct all costs and expenses of recovery of the Goods or making good any damage caused from any Rental sums received before making a refund to you
17.7 This termination policy does not affect your statutory rights.
18 Return of Goods
18.1 The termination of your contract will not affect your obligations under the contract and these terms and conditions as to receipt by us of the Goods at our contact address via Australia Post registered mail and us having had the opportunity of inspecting the Goods, confirming their condition, notifying you of this and the payment by you of all monies due to us.
18.2 When returning the Goods you agree to confirm to us via email the date that the Goods have been dispatched to us.
18.3 Goods returned on time will have their security deposit refunded to them.
19 Late Charges
19.3.1 If you fail for any reason to return the Goods to us by the date specified in the contract you authorize us to debit your credit card in accordance with clause 19.3.2 and 19.3.3 from the monies held under the card authorization as detailed on our Website unless otherwise agreed in writing with us.
19.3.2 If the Goods are returned to us up to 24 hours late you authorize us to debit your credit card with the equivalent of 24 hours of Rental
19.3.3 If the Goods are returned to us over 48 hours late you authorize us to debit you credit card with the equivalent of 48 hours Rental
19.4 If you fail for any reason to return the Goods to us on termination of this contract you authorise us to debit your credit card with the Retail replacement value of the Goods
We reserve the right to charge and you agree to pay interest to us at the rate of 3% above the base rate of Lloyds TSB on all monies due to us but unpaid from the date they become due until the actual date of payment.
21 Consequence of Termination
We will be entitled to recover from you any monies due to us under these terms and conditions and the contract between us which we are otherwise unable to recover.
We are entitled at any time to assign the benefit of your contract with us. You may not transfer the rights or your obligations under your contract.
23 Data protection
23.1 Before entering into your contract with us we may search your records at credit reference agencies. They will add to their record about you details of our search which will be seen by other organisations making searches. Details about you and your payment record under your contract will be used to help make credit, credit related and insurance related decisions about you and members of your household and occasionally for fraud prevention or to trace debtors. You can contact us for details of the credit reference agencies used by us. You have a legal right to these details and can receive a copy of the information held about you on payment of a fee.
23.2 Information held about you by credit reference agencies may be linked to records relating to any person with whom you are linked financially and other members of your household.
23.3 We may give information about you and your payment record under your contract with us to credit reference agencies, debt collecting agents and any proposed assignee, transferee or chargee of this agreement or of our interest in your contract, their insurers or advisers.
23.4 We may use a credit scoring or other automated decision-making system. We may monitor and record telephone calls for the purpose of security and training.
24 Communications and Notices
24.2 For contractual purposes you consent to receive electronic communications from us and that all agreements notices disclosures and other communications served by us electronically have the same legal bearing as they would if served in writing provided that this does not affect your statutory rights under Australian law.
25 Changes to Terms & Conditions
We reserve the right to make changes to these Terms & Conditions and other documents, policies or Website content at any time. You will be subject to the Policies and terms and conditions in force at the time that you use the Website or order goods from us.
26 Events beyond our control
We shall have no liability to you for any failure to deliver Goods you have ordered or any delay in doing so or for any damage or defect to Goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
27 Links, Advertising and Promotion
We will at times be featured in the press and linked to other websites. The content of such features and links will not always by under our control and will not necessarily reflect our beliefs of opinions and as such we will not be responsible for such material.
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
GeoGem and the logos portrayed in the Website are the absolute property of GeoGem Consultants Pty Ltd.
31 Ownership of the Goods
The ownership of the Goods hired shall at all times remain vested in [GeoGem Consultants Pty Ltd] and you will acquire no right, title or interest in the Goods other than to hire them pursuant to your contract with us.
32 Governing law
32.1 The contract between us shall be governed by and interpreted in accordance with Australian law and the Australian courts shall have jurisdiction to resolve any disputes between us.
32.2 You must observe and comply with all applicable regulations and legislation including obtaining all necessary customs, import or other permits to hire the Goods from our Website. The importation or exportation of certain goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the Goods you purchase
33 Entire agreement