Terms of service
Terms of Service
Overview
Welcome to GemityBlue.
Throughout this website, the terms “we”, “us” and “our” refer to GemityBlue. By visiting our website, browsing our store, placing an order, or using any part of our services, you agree to these Terms of Service, together with our Privacy Policy, Shipping Policy, and Returns Policy.
Please read these terms carefully before using our website. If you do not agree with these terms, please do not use our website or purchase from our store.
Nothing in these Terms of Service limits your rights under Australian Consumer Law.
1. Online store and eligibility
By using this website, you confirm that you are at least the age of majority in your place of residence, or that you have permission from a parent or guardian to use this website.
You agree to provide accurate, current, and complete information when placing an order or creating an account. You are responsible for maintaining the confidentiality of your account details and for all activity under your account.
You must not use our website or services for any unlawful, fraudulent, abusive, or harmful purpose.
2. Our jewellery
GemityBlue creates and sells jewellery, gemstone pieces, accessories, and related products.
We make every effort to describe and photograph our pieces accurately. However, colours, gemstone tones, scale, brightness, and appearance may vary slightly depending on your screen, lighting, and device settings.
Many GemityBlue pieces feature natural gemstones. Natural stones may contain variations in colour, pattern, inclusions, texture, or tone. These characteristics are part of the individual nature of each stone and are not considered faults.
Product descriptions, availability, prices, and materials may be updated or corrected at any time.
3. Orders
When you place an order, you are making an offer to purchase the selected item or items.
An order is not accepted until payment has been received and your order has been confirmed. We reserve the right to refuse, cancel, or limit an order where there is an issue with availability, payment, pricing, suspected fraud, incorrect information, or an error on our website.
Please check your order carefully before submitting it. We may not be able to change or cancel an order once it has been processed or shipped.
If we need to contact you about your order, we will use the email address, billing details, shipping details, or phone number provided at checkout.
4. Prices, payment, and taxes
All prices are shown in the currency displayed at checkout.
Prices may change without notice. The price charged will be the price shown at the time your order is placed, unless there has been an obvious error.
Unless otherwise stated, prices do not include shipping, customs duties, import taxes, or destination-country handling fees.
For international orders, the customer is responsible for any customs duties, import taxes, VAT/GST, clearance fees, or local charges applied by the destination country. These charges are not controlled by GemityBlue and are not included in our product or shipping prices unless expressly stated.
You agree to provide accurate billing and payment information and confirm that you are authorised to use the payment method provided.
5. Shipping and delivery
Shipping options and estimated delivery times are shown at checkout where available.
Delivery times are estimates only and are not guaranteed. Delays may occur due to postal networks, customs processing, weather, public holidays, carrier disruptions, incorrect addresses, or events outside our control.
Please ensure your shipping address is correct before placing your order. GemityBlue is not responsible for delays or delivery issues caused by incorrect or incomplete address details supplied by the customer.
If your parcel appears delayed, lost, or damaged in transit, please contact us so we can assist with carrier enquiries where possible.
Nothing in this section limits your rights under Australian Consumer Law.
6. Returns and refunds
Returns, exchanges, and refunds are handled in accordance with our Returns Policy.
GemityBlue offers eligible change-of-mind returns within 14 days of delivery, subject to the conditions set out in our Returns Policy.
For hygiene reasons, earrings and other hygiene-sensitive jewellery may have stricter return conditions.
Nothing in our Returns Policy or these Terms limits your rights under Australian Consumer Law for faulty, damaged, unsafe, or incorrectly described goods.
7. Jewellery care and customer responsibility
Jewellery should be handled with care.
GemityBlue is not responsible for damage caused by misuse, impact, bending, rough handling, exposure to chemicals, perfumes, lotions, chlorine, salt water where unsuitable, improper cleaning, improper storage, or normal wear and tear.
Care information may be provided on product pages or with your order. It is the customer’s responsibility to follow any jewellery care guidance provided.
8. Custom, resized, altered, or special-order items
Custom-made, resized, engraved, altered, personalised, or special-order jewellery may not be eligible for change-of-mind returns unless faulty, damaged, or not as described.
Please choose carefully when ordering custom or altered pieces.
9. Website content and intellectual property
All content on this website, including text, images, product descriptions, logos, designs, graphics, photography, videos, branding, and layout, is owned by or licensed to GemityBlue unless otherwise stated.
You may not copy, reproduce, distribute, modify, publish, display, sell, or use any content from this website without our prior written permission.
The GemityBlue name, branding, product designs, and visual identity must not be used without permission.
10. Third-party services and links
Our website may include links, tools, apps, payment services, shipping services, or other features provided by third parties, including Shopify and payment providers.
We are not responsible for the content, accuracy, policies, practices, or performance of third-party websites or services. Your use of third-party services may be subject to their own terms and privacy policies.
11. Shopify
GemityBlue is hosted on Shopify, which provides the e-commerce platform that allows us to sell our products online.
Sales made through this store are between you and GemityBlue. Shopify is not responsible for the products purchased from GemityBlue, including any injury, damage, loss, return, refund, or dispute relating to those products, except where required by law.
12. Privacy
Your use of our website is also governed by our Privacy Policy.
By using our website or placing an order, you acknowledge that personal information may be collected and processed to operate our store, process orders, take payment, arrange delivery, prevent fraud, and provide customer support.
Because our store is hosted by Shopify and may use third-party apps or services, your information may be processed by service providers located outside Australia.
13. Reviews, comments, and feedback
If you submit reviews, comments, photos, suggestions, ideas, or other feedback to GemityBlue, you confirm that your content is accurate, lawful, and does not infringe the rights of any third party.
You give GemityBlue permission to use, reproduce, display, edit, and share that feedback for business, marketing, customer service, and website purposes.
We may remove or refuse to publish content that we consider offensive, misleading, unlawful, abusive, spam, or otherwise inappropriate.
14. Errors and inaccuracies
Occasionally, our website may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, availability, shipping charges, or delivery estimates.
We reserve the right to correct errors, update information, or cancel orders affected by an obvious mistake, including after an order has been submitted.
If an order is cancelled due to an error, we will notify you and provide a refund for any amount paid.
15. Prohibited uses
You must not use this website:
- For unlawful, fraudulent, harmful, or misleading purposes
- To infringe intellectual property rights
- To transmit viruses, malware, or harmful code
- To harass, abuse, threaten, or defame others
- To collect personal information without consent
- To interfere with the security or operation of the website
- To scrape, copy, or harvest website content without permission
- To impersonate another person or provide false information
- To attempt to bypass checkout, security, fraud prevention, or access controls
We may restrict, suspend, or terminate access to our website if we believe these terms have been breached.
16. Automated access
You must not use bots, scrapers, automated tools, or AI agents to access, copy, monitor, test, or interact with our website in a way that affects security, performance, stock availability, checkout, customer experience, or our intellectual property rights.
We may block or restrict automated access at any time.
17. Disclaimer
Our website and services are provided on an “as available” basis.
We do not guarantee that the website will always be uninterrupted, secure, error-free, or available at all times.
To the fullest extent permitted by law, we exclude warranties and conditions that are not expressly stated in these terms. However, nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, remedy, or protection that cannot be excluded under Australian Consumer Law.
18. Limitation of liability
To the fullest extent permitted by law, GemityBlue is not liable for indirect, incidental, special, or consequential loss, including loss of profit, loss of revenue, loss of data, or business interruption arising from your use of our website or purchase of our products.
Where liability cannot be excluded by law, our liability is limited to the remedies available under Australian Consumer Law or other applicable law.
Nothing in these terms limits your rights for faulty, damaged, unsafe, or incorrectly described goods where those rights cannot legally be limited.
19. Indemnity
You agree to indemnify GemityBlue against reasonable losses, claims, damages, costs, and expenses arising from your breach of these terms, your misuse of our website, your unlawful conduct, or your infringement of another person’s rights.
20. Severability
If any part of these Terms is found to be invalid, unlawful, or unenforceable, that part will be removed or limited to the minimum extent necessary. The remaining terms will continue to apply.
21. Waiver
If we do not enforce a right under these Terms, this does not mean we waive that right.
22. Governing law
These Terms of Service are governed by the laws of Queensland, Australia.
You and GemityBlue submit to the courts of Queensland and any courts that may hear appeals from those courts.
23. Changes to these Terms
We may update these Terms of Service from time to time by posting the updated version on our website.
The version published on our website at the time of your order or use of the website will apply.
Your continued use of our website after changes are posted means you accept the updated terms.
24. Contact information
Questions about these Terms of Service can be sent to:
GemityBlue
Email: gemityblue@gmail.com
Postal address: P.O Box 253, Bli Bli, Queensland 4560, Australia
Trading name: GemityBlue
Business registration / ABN: 36 296 988 247