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1. Definition and Interpretation

1.1

Design Specification means the detailed specifications for the manufacture, remodelling or repair of jewellery, and may include an image of the design, sketches, renders and details for the stones and metals to be used.

1.2

Jewellery means any jewellery or other objects, goods or services, such as design, manufacture or repair services, agreed to be provided by us to you as described in these Terms, the Design Specifications, Design Concepts, and/or Quote.

1.3

Custom Creation means any Jewellery custom designed or developed for you. This includes:

a)

any Collection design altered at your request beyond the standard options offered at the point of purchase; and

b)

any Jewellery developed for you through our Custom Process as defined below, including Jewellery that is the same or is similar to a Collection Piece.

This Jewellery remains a Custom Creation regardless of how it is purchased, including where it is purchased or paid for through our website. For the avoidance of doubt, selecting a standard metal, size, or engraving option offered at the point of purchase does not, on its own, make a piece a Custom Creation.

1.4

Collection(s), “Collection Piece(s)”, “Four Words Collection(s)” are references to a group of Jewellery designs, comprising a variety of artistic and aesthetic elements, that is owned exclusively by Four Words. These items are available for purchase directly through our website and have not gone through a Custom Process as defined below. A Collection piece remains a Collection piece where you select standard options offered at the point of purchase, such as metal, size, or engraving.

1.5

Estimate means an indicative, non-binding price provided to you prior to the finalisation of your Design Specifications. An Estimate is provided for guidance purposes only and does not constitute a confirmed price or a binding offer.

1.6

Price means the price payable by you to us as stated in any Quote.

1.7

Terms means these terms and conditions, and incorporates any Quote.

1.8

Quote means the confirmed price provided to you in writing once your Design Specifications have been finalised, setting out the Jewellery and the confirmed Price. In the event of any discrepancy between a Quote and an invoice or any other document, the Quote shall prevail.

1.9

"us", "we", "our" are references to Four Words Limited, and where the context permits includes our employees, agents and contractors.

1.10

"you", "your" are references to you — our customer.

1.11

All prices are in New Zealand dollars unless stated otherwise.

1.12

The singular includes the plural and vice versa. The term "include" shall not be constructed as limiting the text to which it refers.

1.13

Heirloom means any jewellery, stones, or metal provided by you that holds existing personal or sentimental value, whether for repair, remodelling, incorporation into new Jewellery, or recycling for its materials.

1.14

Placeholder Ring means a temporary ring provided to you to stand in for your final piece, for example to enable a proposal, where your final Jewellery is not yet complete.

1.15

Custom Process means the process of designing or developing Jewellery to your specifications, including the preparation of sketches, renders, CAD, or other design concepts, and the finalisation of a Design Specification.

2. General

2.1

These Terms set out the basis on which we will provide the Jewellery to you. We will not be bound by any additional terms or variations to these Terms unless recorded in writing and signed by you and us.

2.2

By accepting a Quote, making any payment to us, or otherwise authorising us to proceed with the Jewellery you will be deemed to have accepted these terms.

3. Design Process

3.1

During your initial consultation, we will advise you of the options when it comes to selecting stones, metals and designs. There is no charge for a consultation.

3.2

If you wish for us to create a Custom Creation that is not part of a Four Words Collection or within any other of our standard range of designs, a design deposit is required before we can proceed with Design Concepts. We will advise you of the design deposit amount.

a)

The design deposit must be paid within 3 calendar days before we begin designing your Jewellery.

b)

The design deposit is not an additional charge. Meaning it will be deducted from your final invoice, per clause 6.1(c).

c)

The deposit is refundable should you decide not to proceed, less the cost of any physical models or prototypes (such as 3D-printed resin models) produced in the course of developing your design.

d)

Where a deposit is paid to secure a Placeholder Ring, such deposit is non-refundable.

3.3

Where a Custom Creation is being made, we may provide an Estimate following your initial consultation. This Estimate is indicative only and is subject to change as the design is developed. Once your Design Specifications are finalised, we will issue a formal Quote confirming the price. For Collection or Custom Creation pieces where no design process is required, we will issue a Quote directly.

3.4

Quotes are valid for 10 working days from the date of issue.

3.5

A Quote may be accepted by paying the price, per clause 6.1.

3.6

If the design deposit (clause 3.2) or a Quote (clause 7.1) is not paid within the applicable timeframe, we are entitled to terminate the agreement. Where we terminate under this clause, or where you choose not to proceed, we may retain any amounts paid to us to the extent necessary to recover hard costs reasonably incurred up to that point, including but not limited to 3D scans, prints and models, stone sourcing, third-party repairs and materials. Any amounts retained in excess of our actual costs will be refunded to you.

3.7

Please be aware that we are unable to accept returns in the event that Jewellery is no longer required for any reason other than stated in clause 12.8.

3.8

If you wish to use a Placeholder Ring you may select one from our studio. The Placeholder Ring is provided on loan only and must not be altered, resized, or otherwise modified.

a)

A deposit is required; we will advise the amount at the time.

i)

Where the Placeholder Ring selected contains precious metals or gemstones, we may require a higher deposit reflecting its value.

ii)

If you plan to use the Placeholder Ring internationally, a higher deposit may also be required.

b)

The deposit is non-refundable. Where you proceed with a purchase, it will be applied as a credit toward your final purchase per clause 7.1(d).

c)

The Placeholder Ring may be held for 10 working days from the date of collection, unless otherwise agreed in writing.

d)

The Placeholder Ring must be returned in the same condition as provided. If returned in a damaged or altered condition, we may deduct from your deposit a reasonable amount to restore it back to its original condition, and where restoration costs exceed the deposit, you will be liable for the difference.

4. Order Acceptance

4.1

We reserve the right to decline or cancel any order, including but not limited to the following circumstances:

a)

The pricing or product description provided was incorrect at the time of order;

b)

The order is suspected to involve fraudulent activity;

c)

We are unable to source the required materials or stones;

d)

Any other circumstances outside of our reasonable control.

4.2

Where we cancel an order after payment has been made, we will contact you as soon as practicable and provide a full refund of any amounts paid, less any costs already reasonably incurred in progressing your order at the time of cancellation.

4.3

Where we reasonably suspect fraudulent activity, including but not limited to the use of stolen payment details, false identity, or misrepresentation and have notified the relevant authority within 5 working days, we may withhold a refund for up to 20 working days pending confirmation.

4.4

In the event that a price is displayed, quoted, or communicated incorrectly due to a typographical error, system error, or any other mistake, we reserve the right to correct the error and reissue the correct price before delivering the item to you. You will not be bound to proceed at the incorrect price, and we will not be bound to honour the first issued/original, incorrect price. If you do not wish to proceed at the corrected price, any amounts paid will be refunded in full.

4.5

Where you place an order through our website, you are making an offer to purchase. Any automated acknowledgement confirms only that we have received your order and that payment has been taken. It does not constitute acceptance of your order, nor does it form a binding agreement.

4.6

Following your order, we will verify availability and, where applicable, source the stone or materials for your piece. Once we have confirmed your order in writing, your order is accepted and a binding agreement is formed. Production will not commence until this confirmation has been issued.

4.7

Where, prior to confirmation, we identify that a stone or material you have selected is unavailable, has been incorrectly described, or does not meet our quality standards, we will notify you and offer either:

a)

a comparable replacement stone or material of equivalent quality and value; or

b)

a full refund of any amount paid.

You are not obliged to accept a replacement. Where you choose not to proceed, the full amount paid will be refunded.

4.8

We reserve the right, at our sole discretion, to decline or discontinue working with you and to bring any agreement to an end where we reasonably consider it appropriate to do so. Where we do so, we will refund any amounts paid to us, less any costs reasonably incurred up to that point in accordance with clause 3.6.

5. Website Accuracy

5.1

We make every effort to ensure that information on our website is accurate and up to date. However, we do not warrant that website content, including product descriptions, pricing, and availability, is complete, current, or error-free.

5.2

Where there is a discrepancy between website content and a Quote issued to you, the Quote shall prevail.

6. Price

6.1

Upon acceptance of a Quote, you agree to pay the price specified in that Quote in accordance with clause 7. You acknowledge that any Estimate provided prior to the Quote is indicative only and does not represent a confirmed or guaranteed price. The Quote represents the confirmed price and shall govern in the event of any discrepancy with any other document, including invoices.

6.2

If you request any changes to your Design Specification after your order has been confirmed or a Quote accepted by you, we will assess the impact of those changes on the Price and notify you of any revised Price before proceeding. We will not carry out any such changes until we have received your approval of the revised Price. If you do not approve the revised Price, we will proceed with your order on the basis of the original Design Specification and the original agreed Price. Any approved changes to the Price will be reflected in your Final Invoice, per clause 7.1(c).

6.3

If for whatever reason we decide to provide a refund, and you have paid by credit card, your refund will exclude any credit card and processing fees you have previously paid.

7. Payment

7.1

You agree to pay us as follows:

a)

Design Deposit: If you are making a Custom Creation (per clause 3.2) this fee will be required within 3 calendar days so that we can start creating your design.

b)

80% Deposit: After you accept your Quote (per clause 6) 80% of the quoted amount will be required to be paid within 7 calendar days.

c)

Final Invoice: When we notify you that your Jewellery is ready to be collected, we will require the remaining balance from your Quote to be paid before it can be picked up or delivered to you.

d)

Placeholder Ring Deposit: A deposit is required prior to collecting a Placeholder Ring. This will be applied as a credit toward your final purchase or forfeited if you do not proceed.

7.2

If you decide to use third-party financing, from a financier approved by us, then you are bound by the financier's terms and conditions. This will be provided to you prior to proceeding.

7.3

All payments must be made without set-off, deduction or counterclaim and are subject to goods and services tax unless you are purchasing duty-free (per clause 9).

7.4

If the final invoice has not been paid within 10 working days of us notifying you that your jewellery is completed and ready for collection, we will be entitled to charge a holding fee of $250 a month for each month we hold your completed jewellery for you. This fee reflects our actual costs of holding completed items on your behalf, including the impact of completed stock on our total insured value (which directly affects our insurance premiums) and the opportunity cost of safe storage capacity, which is limited in the total value of stock it can hold at any given time. You agree to indemnify us for any collection costs (including legal) in recovering amounts owing by you to us.

7.5

After 90 days, if you have still failed to pay your final invoice, and unless agreed otherwise in writing, we will deal with the Jewellery in accordance with clause 19.1.

7.6

Where any amount remains unpaid following collection or delivery of your Jewellery, we reserve the right to refer the outstanding debt to a debt collection agency or take legal action to recover the amount owed. You agree to be liable for all reasonable collection costs, including but not limited to debt collection agency fees, any interest charged and legal costs incurred in recovering the outstanding amount.

8. Delivery

8.1

We will use our best endeavours to supply your Jewellery by the estimated delivery date. However, because of the nuances and nature of custom-made fine jewellery, we cannot guarantee delivery on a specified date. Any estimated delivery date we provide does not constitute a guaranteed date of delivery. If you require the Jewellery for a specific date, please let us know during your initial consult. You expressly understand and agree that we shall not be liable for delays caused by circumstances outside our reasonable control.

8.2

Completed Jewellery may be collected from our studio or delivered to an address specified by you. All deliveries are made by signature required courier. You are responsible for ensuring the address specified by you is correct and that you will be available to sign for the delivery.

8.3

Where you specify an overseas address for delivery, while we offer free international delivery, a delivery charge may apply in some cases, which must be paid in advance. Any import taxes, duties, or levies are your responsibility, except where we have expressly agreed to cover them. Where we agree to cover them, this will be confirmed in your Quote.

8.4

Jewellery will be deemed to have been delivered upon the following:

a)

you collect your Jewellery from our Studio; or

b)

where delivered by courier, the courier obtaining a signature purported to have been given by you; or

c)

collection from a NZ International Airport, per clause 9.

9. Duty Free

9.1

We offer a duty-free service. To take advantage of this service you must:

a)

be the purchaser of the Jewellery; and

b)

depart a New Zealand International Airport that accepts duty-free collections; and

c)

be flying on an international flight.

9.2

If you decide to purchase duty-free, you must provide us with your departing international flight details and the New Zealand International Airport you are departing from at least 7 working days before your flight:

a)

Before we can send the Jewellery to the designated collection point, we require full payment (per clause 7.1) and including any handling fee (per clause 9.4).

b)

After payment is made, we will make the Jewellery available to you at the designated collection point at the relevant New Zealand International Airport.

9.3

Note that in the event you subsequently return to NZ with your Jewellery, duty may apply on re-entry unless, amongst other things, the Jewellery is part of the personal effects of, and for the personal use or wear by, the person bringing it into NZ. We recommend you consider NZ customs requirements for bringing goods into NZ prior to your departure.

9.4

All duty-free purchases include a handling fee:

a)

This will be included in your final invoice (per clause 7.1) and must be paid before we can send your Jewellery to the designated collection point.

b)

The handling fee depends on the airport you are collecting from and varies between $85 and $500, depending on the value of the Jewellery.

9.5

Where you do not collect the Jewellery at the designated collection point prior to your departure, the Jewellery will remain at the collection point and will not be released other than in accordance with this clause. You must contact us to arrange one of the following:

a)

collection at the relevant New Zealand International Airport on a subsequent international departure, in which case the duty-free arrangement continues to apply; or

b)

return of the Jewellery to you within New Zealand, in which case the duty-free arrangement no longer applies. As the Jewellery will not be exported, goods and services tax becomes payable and must be paid prior to release. The handling fee paid under clause 9.4 will be refunded in full. You are responsible for any delivery costs incurred in returning the Jewellery to you.

10. Ownership/Risk

10.1

All Jewellery (except any items that have been provided by you) remains our property until full payment in accordance with these Terms.

10.2

All Jewellery will be at our risk until delivery has occurred. We strongly recommend you ensure you have insurance cover in place prior to delivery of the Jewellery to you.

11. Lifetime Manufacturing Warranty

11.1

All Jewellery we create for you will have a lifetime manufacturing warranty. In the event you feel there may be a manufacturing defect, contact us and we will provide instructions for you to send your Jewellery back to us to inspect.

a)

Once we receive the Jewellery, we will analyse and inspect your item to determine if there is a manufacturing defect.

b)

If we are able to confirm there is a manufacturing defect we will either offer to:

i)

repair;

ii)

exchange; or

iii)

where repair or exchange is not possible, provide a refund.

c)

If we determine there is no manufacturing defect, we will send you an estimate for the repair cost and advise accordingly.

d)

Please note, due to the nature of the Jewellery we provide and depending on the metals used, small and minor scratches or blemishes may be unavoidable during the manufacturing process and regular handling. You accept that this is not a defect in the craftsmanship, manufacturing, or quality.

e)

Where you disagree with our assessment of whether a manufacturing defect exists, the item may be referred to an independent, registered third-party assessor. Where agreement cannot be reached on the identity of the assessor, we will arrange for one to be appointed. The assessor's determination will be final and binding. Nothing in this clause limits any rights you may have under the Consumer Guarantees Act 1993.

11.2

Any repair or service performed by a jeweller other than us will void the lifetime manufacturing warranty, except where we have given our prior written approval, for example where you are located outside of Auckland or overseas and we approve a local repairer.

11.3

Our lifetime warranty does not cover any wear and tear, loss, loss of a gemstone, or theft. You acknowledge that the following is not a result of any defect or poor workmanship and that we will not be responsible for the cost of rectifying the following, but not limited to:

a)

General wear and tear.

b)

Scratches, dents or marks to any metal surface.

c)

Wearing off of any plating.

d)

Damage caused to the jewellery by you or another party.

e)

Discolouration of precious metals caused by chemicals, make-up, immersion in pools, water, hot tubs or bathing.

f)

Wearing out, loosening or bending of the prongs over time due to everyday wear, or damage resulting in gemstones falling out.

g)

Loss of a gemstone caused by damage from everyday wear or from other damage (see also clause 11.6).

h)

Loss or theft.

i)

Wearing jewellery will, over time, naturally scratch and mark the metal surface. This is inherent to precious metals and is not a defect or poor workmanship.

11.4

The warranty excludes damage or loss caused by a failure to obtain the repairs required to preserve the structural integrity of the Jewellery, per clause 12.5.

11.5

You acknowledge that metal has a natural tendency to "relax" after the setting of stones. This may result in some stones becoming loose or falling out, particularly smaller or very closely set stones or certain designs where minimal claws or surrounding metal is used. You agree this does not constitute poor workmanship.

11.6

If within 6 months, any gemstones equivalent to 0.10 carats or less fall out of your Jewellery, we may, at our discretion replace and re-set such stones free of charge providing you return the affected Jewellery to us. Otherwise, we will quote you for the cost of replacement.

11.7

Our lifetime manufacturing warranty covers defects in the mount, setting, and workmanship only. It does not extend to the replacement of any stones, regardless of value, except as provided in clause 11.6 in relation to stones of 0.10 carats or less that fall out within 6 months of delivery. The warranty does not cover chips, cracks, or damage to stones, whether caused during everyday wear, accidental impact, or any other circumstance. In the event a stone is lost, we will repair or replace the mount under warranty where a manufacturing defect is confirmed, however the cost of replacing the stone itself is not covered. We strongly recommend you obtain appropriate insurance cover for your Jewellery, including stone replacement and damage, prior to taking delivery.

11.8

This warranty covers defects in our own workmanship, materials, and manufacturing only. Our liability in respect of heirloom pieces, and any other stones, metals, or materials supplied by you, is dealt with in Section 13.

11.9

Where any repair, resize, or service is carried out on Jewellery finished other than in a standard polished finish, including but not limited to matte, satin, brushed, hammered, or blackened finishes, the restoration of that finish is not covered by warranty and will be quoted separately. We will advise you of any such cost prior to proceeding.

12. Customer Care, Resizing, and Returns

12.1

All Jewellery is crafted to our high standard of workmanship and undergoes a thorough quality control check prior to being made available to you for final inspection.

12.2

Where you have first inspected the finished Jewellery, taking possession or delivery of the Jewellery will be deemed acceptance of it and confirmation that it has been completed in accordance with the Design Specifications.

12.3

In the case of delivery, unless you notify us in writing of any non-compliance within 10 working days of delivery, you will be deemed to have accepted the finished Jewellery and confirmed that it has been completed in accordance with the Design Specifications.

12.4

You acknowledge that all images, videos, renders, CAD designs, and descriptions of your Jewellery are representations only. Colours, finishes, and proportions may vary slightly from images and videos due to screen settings, lighting, and photographic representation. CAD renders and design concepts may not perfectly replicate the finished piece, and stone sizes and weights are approximate and may vary slightly within industry-accepted tolerances. These variations do not constitute a defect or grounds for a return or refund. Moissanite and other non-diamond stones are described and sold by their measurements in millimetres. Any carat weight quoted in respect of such stones is an approximate diamond-equivalent weight only. You acknowledge that such measurements and weights are approximate, may vary within industry-accepted tolerances, and do not constitute a defect or grounds for a return or refund.

12.5

We recommend you care for your Jewellery in the manner set out in the Care Guide on our website. We will not be responsible for any damage sustained to your Jewellery where this has not been followed.

12.6

Lifetime Jewellery Care Service: We provide a complimentary "lifetime" Jewellery care service for jewellery with a purchase price above NZ$2,500. This allows you to bring your Jewellery to us for a check-up, where we will professionally clean it. If your Jewellery is a ring, we will also check the claws and tighten them if needed. This complimentary service does not apply to Jewellery with a purchase price under NZ$2,500. This is different from the Lifetime Warranty defined in clause 11.

Additionally:

a)

We strongly recommend you take advantage of this complimentary lifetime service, to ensure your Jewellery remains in top condition. Regular service of your jewellery is sometimes a requirement for insurance cover.

b)

The complimentary service is only available once per year.

c)

If you wish to use this service more than once a year, an additional charge may apply.

d)

We will also advise you if we recommend any other maintenance, or if repair work is required, including their estimated cost. Please note that any additional services (including those listed in clause 11.3) will incur a charge.

e)

We reserve the right to vary the nature of this service at any time or cease the provision of this service where appropriate due to a change in circumstance. We will notify you of any material changes within six months of the change(s) coming into effect.

f)

Please note that you may be responsible for any delivery or shipping fees incurred during this complimentary service.

g)

Aftercare and servicing work takes up to 20 working days from receipt of your Jewellery and may take longer depending on the work required. If you require your Jewellery to be returned sooner, we may be able to accommodate this at an additional charge, which we will advise you of in advance.

h)

The complimentary service does not include re-plating, including the rhodium plating of white gold, which constitutes ordinary maintenance arising from wear. Re-plating is available as a chargeable service, which we will quote prior to proceeding.

12.7

We offer one complimentary ring resizing within 12 months of you accepting your Jewellery. All resizes are conditional on the following:

a)

Steps must be taken by you to ensure you had and provided us with the correct ring size before designing your ring.

b)

The complimentary resize covers the size adjustment itself. In respect of Collection pieces, it covers a resize up to the allowance stated on the relevant product page, or up to two ring sizes (equivalent to the UK letter sizing) where no allowance is stated:

i)

Where a resize exceeds the stated allowance, or two ring sizes where no allowance is stated, it will incur a cost. We will inform you of any costs prior to making changes.

ii)

In some circumstances, due to the design of the ring, we may not be able to re-size it without compromising its integrity. If this occurs, we will advise you of options and provide an estimate of corresponding costs.

iii)

Where a resize requires additional work, including but not limited to resetting stones, re-engraving, restoring hand-detailing, or reinforcing the band, that work is chargeable. We will provide a quote for any such work and obtain your approval prior to carrying it out. Where we carry out a resize without having first quoted such additional work, that work will be included at no charge to you.

c)

If you decide to resize your Jewellery by a jeweller other than us or our manufacturing partners then your lifetime warranty, per clause 11, will be void.

d)

If the Jewellery has an existing engraving, resizing may not be possible and an additional charge may apply. We will inform you of any costs prior to making changes.

e)

If the ring contains fine details (such as milgrain or accenting gemstones), or particular features, it maybe not be eligible for a free resize. We will advise you of options and provide an estimate of the costs to resize the ring.

f)

Jewellery made with alternative metals, including Platinum 600, Stainless Steel, Titanium, Tungsten, Carbon Fibre, and Zirconium (black or grey), cannot be resized. These are excluded from the complimentary resizing service. If a size adjustment is required, we will advise available options and provide a quote if any cost.

g)

Any resized Jewellery may result in minor blemishes, markings or defects. In some circumstances, this is unavoidable due to the nature of resizing Jewellery. You accept that this may occur. We take no responsibility for this but will take every effort to minimise or avoid this from occurring. You accept that this may occur whether or not we advised of it in advance.

h)

Any resizing request outside of this 12 month period will incur a cost, solely at our discretion.

i)

Where you are not sized by us directly, we require your ring size to be provided in millimetres. We will manufacture your ring to the millimetre size provided. Where a letter size is provided instead, we will convert this to the nearest millimetre equivalent and manufacture accordingly. If the converted size proves incorrect, a resize may still be performed under the complimentary resize entitlement, however this will use up your one free resize.

j)

Finger size can change between the time of initial measurement and the completion of your Jewellery due to factors including but not limited to temperature, weight changes, and time of day. Your ring will be manufactured to the original millimetre size provided at the time of order. Where a resize is required as a result of this change, this will be treated as the complimentary resize under clause 12.7 and will use up your one free resize entitlement.

k)

We will use our best endeavours to manufacture your ring to within half a ring size of the size provided. You acknowledge that due to the nature of fine jewellery manufacturing, minor variation may occur, and a tolerance of up to half a size is considered acceptable and does not constitute a defect or grounds for a return or refund.

l)

For wider band rings, defined as any band with a width of 3mm or greater, please be aware that the internal diameter may vary slightly depending on the point of measurement, including the leading edge, middle, and trailing edge of the band. As a result, a wider tolerance of up to one full ring size is considered acceptable for wider bands and does not constitute a defect or grounds for a return or refund.

m)

Please be aware that some ring designs, including but not limited to full eternity rings, may not be resizable or may not be returnable to their original state following a resize. You accept this risk when requesting a resize.

12.8

In the unlikely circumstance you are unsatisfied with a piece of Jewellery from one of our Four Words Collections (excluding products from our Tastemaker Series), you may return your Jewellery for an exchange or refund, provided that:

a)

Your Jewellery is returned to us within 14 calendar days of collection or delivery; and

b)

Your Jewellery is undamaged and unchanged in state. We will not accept any Jewellery that shows signs of wear or alteration.

c)

The item does not contain natural stones, including natural diamonds or natural coloured gemstones, which are non-returnable and non-exchangeable.

12.9

Provided the above conditions are met, we will provide you with return instructions. Once we have received and inspected the ring, we will start the refund process. Please note this can take up to 20 working days and money will be refunded to the original payment method exclusive of any transaction fees.

12.10

A recycling fee of 15% of the purchase price applies to any return or exchange of a Collection piece under this clause. This fee does not apply where Jewellery is returned due to any remedy to which you are entitled under the Consumer Guarantees Act 1993.

12.11

This return entitlement does not extend to Collection pieces containing natural stones (including natural diamonds and natural coloured gemstones), which are non-returnable.

12.12

Where you exchange a Collection piece or have a centre stone replaced, the replacement piece is non-returnable and non-exchangeable, except where it is found to have a manufacturing defect.

12.13

If you prefer to exchange your item, we will advise you of the available options, including the expected replacement timelines. The replacement item is non-returnable and non-exchangeable. For the avoidance of doubt, a recycling fee (per clause 12.10) applies to all exchanges. Nothing in this clause limits your rights per the Consumer Guarantees Act nor if there is a manufacturing defect (per clause 11.1).

12.14

This clause applies to Collection pieces only. Custom Creations are made to order and are non-returnable, as set out in clause 12.9.

12.15

You may make no more than one return or exchange under this clause in any 12-month period.

12.16

In the unlikely circumstance you are unhappy with a Custom Creation, we cannot offer a refund nor do we allow returns. However, at our discretion, we may allow you to re-make, modify, exchange and/or provide a partial refund. We acknowledge this does not override rights afforded to you under the Consumer Guarantees Act per clause 25.2 of these Terms.

12.17

Any product purchased as part of our Tastemaker Series is:

a)

non-returnable;

b)

non-refundable;

c)

not eligible for free resizing (unless explicitly stated); and

d)

may not be resizable (unless explicitly stated).

Each piece in this series is created in collaboration with our featured Tastemaker and made to order specially for you. Because of this personalised nature, we're unable to offer returns, exchanges, free resizing, or refunds on these items.

12.18

Where you are required to return Jewellery to us, you are responsible for ensuring the item is appropriately packaged and insured for its full value during transit. Where damage occurs as a result of improper packaging, this will not be treated as a warranty claim and any repair costs will be at your expense. Where we provide a return label, your item will be covered for loss during transit. Where you arrange your own return shipping, we are not liable for any loss or damage that occurs in transit. We recommend using a tracked and insured courier service and can provide guidance on suitable options upon request.

12.19

Where a resize, polishing, or similar service requires the removal of metal, you acknowledge that the metal removed becomes fine particles and mixed workshop material that cannot be separately recovered. Such metal is not retained, returned, refunded, or exchanged.

12.20

By proceeding with any aftercare, repair, or servicing carried out by us, including any service not specifically described in these Terms, you acknowledge and accept the applicable service terms, assessment requirements, costs, and timeframes advised by us at the time of service. We reserve the right to assess each piece individually and to determine the appropriate method of servicing having regard to its design, structural integrity, and condition.

12.21

Where Jewellery is engraved, any change or amendment to the engraving text following completion may incur an additional fee due to the rework required. Where an engraving must be redone as a result of a resize, any cost will be addressed under clause 12.7(d), and you acknowledge that minor variation may occur between the original and the redone engraving.

13. Heirloom and Customer-Supplied Materials

13.1

We are pleased to work with your heirloom or customer-supplied materials. The following conditions apply any time you supply materials to us, regardless of purpose:

a)

The item must have a current insurance valuation completed by an independent third party prior to being provided to us. We are unable to provide this valuation ourselves but can recommend a suitable valuer upon request.

b)

If the item contains precious metal, it must be hallmarked, or alternatively verified by an approved third party assessor to confirm the metal type and purity. We will provide guidance on approved assessors upon request.

c)

Where the item is or contains stones, particularly natural gemstones, we may require independent verification or certification of those stones prior to accepting the item.

13.2

If you are unable to provide an insurance valuation, you may still provide your heirloom or customer-supplied materials to us. However, you acknowledge and agree that our maximum liability for any loss or damage to the item, or any materials derived from it, is capped at $100 regardless of the actual value of the item due to our insurance policy limitations. Prior to accepting your item or materials, we will draw this limitation to your attention and ask you to confirm your acknowledgement of this cap. We strongly recommend you obtain an insurance valuation before proceeding.

13.3

While we will handle all heirloom and customer-supplied materials with the utmost care, you acknowledge that working with such materials carries inherent risks. We shall not be liable for any loss, damage, or change to any heirloom, stones, or other materials not sourced by us, whether occurring while they are being repaired, incorporated into the Jewellery, or otherwise in our possession, beyond what is reasonably unavoidable, nor for any manufacturing defect in such materials. Any loss of stones must be protected by your own insurance.

13.4

Specifically, with stones, you acknowledge that there is an inherent risk of chipping, cracking, or damage to stones during the unsetting, resetting, or incorporation of stones into Jewellery. While we will take all reasonable care, we may not identify pre-existing vulnerabilities in a stone, and we shall not be held liable for any such damage, whether or not the relevant risk was identified or communicated to you in advance.

13.5

Small or melee stones re-set from your heirloom or supplied piece are not calibrated and may vary in dimension. Accordingly, such stones carry a heightened risk of loosening or becoming dislodged, particularly in halo or closely-set designs. You accept this risk. The complimentary stone replacement provided under clause 11.6 does not apply to heirloom or customer-supplied stones.

13.6

Where you supply any materials to us, you warrant that they are accurately described, in a condition suitable for use, and that you have disclosed any known damage, defects, or pre-existing issues prior to providing them to us. We accept no liability for any defects, damage, or loss arising from materials supplied by you, including any pre-existing issue not disclosed to us and any defect that only becomes apparent during the manufacturing process. We strongly recommend you have any customer-supplied materials independently valued and insured before providing them to us.

13.7

If you would prefer we scrap or recycle your heirloom or supplied pieces, we will provide an initial Estimate of the metal credit based on our assessment of the metal type and approximate weight of your piece. This Estimate is indicative only and may vary. A confirmed credit amount will be provided in the Quote once the piece has been weighed and assessed. You may choose to accept the credit or decline it at that stage.

13.8

Where the supplied piece contains multiple metal types, or where multiple pieces are being scrapped or recycled, an additional administration fee may apply to organise and process the materials. We will advise you of this fee prior to proceeding.

13.9

If you decide to scrap your piece, no credit or monetary value will be attributed to any stones found in your piece. Stones will be treated as follows:

a)

Stones smaller than 2mm will be lost during the melting process and cannot be recovered or returned. By providing your piece to us you accept this.

b)

Stones 2mm or larger are considered larger stones and may be returned to you at your request. You may choose to incorporate them into your new Jewellery or retain them separately.

c)

If you wish to retain any stones prior to us beginning work, you may arrange for a third party to remove them at your own cost before providing the piece to us. We can provide guidance on where to get this done upon request.

13.10

Where you request that we remove and return stones from your piece, a fee may apply to cover the cost of removal. We will advise you of this fee prior to proceeding and this cost will be passed on to you. Where stones are not claimed prior to us beginning work, and you have not made arrangements for their removal, we will proceed on the basis that you have accepted the terms of clause 13.9.

14. Gift Purchases

14.1

Where Jewellery is purchased as a gift, the purchaser accepts these Terms on behalf of both themselves and the recipient. The 14-day return period for Collection pieces under clause 12.8 runs from the date of collection or delivery to the purchaser, not the date of gifting. We recommend the purchaser arranges for the recipient to be sized prior to ordering where possible.

14.2

Where a gift recipient wishes to exchange or return a Collection piece, they must provide proof of purchase and the Jewellery must meet the conditions set out in clause 12.8. Returns and exchanges for gift purchases are otherwise subject to the same terms as any other purchase.

15. CAD and Render Approval

15.1

Once you have approved a CAD design, render, or Design Specification, any subsequent changes requested by you may incur additional costs and extend production timelines. Approval of a CAD or render constitutes confirmation that you are satisfied with the design and wish to proceed to production.

16. Stone Sourcing

16.1

Where a specific stone has been requested by you, we will use our best endeavours to source it. In the event that your requested stone becomes unavailable due to supply constraints or other reasons outside our control, we will notify you and may offer a comparable substitute stone of equivalent quality and value. You are not obliged to accept the substitution. If you do not wish to proceed with the substitute, you may cancel your order and receive a full refund of any amounts paid, less any costs reasonably incurred up to that point.

16.2

Accent or melee stones under 1.0 carat are supplied uncertified unless certification is specifically requested. Where certification is requested, an additional cost will apply, which we will advise prior to proceeding.

17. Photography and Marketing

17.1

We reserve the right to photograph, film, and use images and videos of completed Jewellery for marketing, promotional, and portfolio purposes, including on our website, social media channels and any publication. If you have a specific date in which you would not like any content of your Jewellery shared prior to, you must notify us in writing before your Jewellery is completed.

17.2

If you wish to opt out of your jewellery being used for photography or marketing purposes, you must notify Four Words in writing prior to or at the time of collection of the jewellery. Where such notice is received, Four Words will not use images of your jewellery for any marketing or promotional purpose.

18. Comparison Purchasing

18.1

We do not permit comparison purchasing. Comparison purchasing is where multiple items are ordered with the intent of keeping one and returning the remainder. Given the custom and bespoke nature of our Jewellery, all orders are made to your specifications and are subject to our returns policy as set out in clause 12. If you have questions about a design or quality before committing to an order, please contact us and we will be happy to assist.

19. Uncollected Jewellery

19.1

Where your completed Jewellery remains uncollected and your final invoice unpaid after 90 days from the date we first notified you that your Jewellery was ready for collection, we will issue written notice to your last known contact details of our intention to sell or otherwise dispose of the Jewellery, providing a further 30 days from the date of that notice to collect and pay in full. If the final invoice remains unpaid and the Jewellery remains uncollected at the end of that 30-day notice period, we reserve the right to sell or otherwise dispose of the Jewellery at our reasonable discretion. The proceeds of any such sale will be applied in the following order:

a)

first, to recover the outstanding balance of the final invoice;

b)

second, to recover any reasonable costs of sale incurred by us.

Any surplus remaining after those deductions will be refunded to you within 10 working days of the sale being completed. If the proceeds of sale are insufficient to recover all amounts owed to us, we reserve the right to pursue recovery of any shortfall from you directly, including by way of debt collection or legal proceedings.

20. Force Majeure

20.1

We shall not be liable for any delay or failure to perform our obligations under these Terms where such delay or failure arises from circumstances beyond our reasonable control, including but not limited to natural disasters, pandemics, supply chain disruptions, acts of government, or other events outside our control. Where such an event occurs, we will notify you as soon as practicable and will use our best endeavours to resume performance as soon as possible.

21. Christmas Period

21.1

Our workshop and design team observe an annual Christmas break from the Friday before Christmas Day until the end of the first full working week of the New Year. During this period, production, design work, and any work requiring our workshop or design team will be paused. All related timelines referenced in these Terms, including but not limited to production, delivery, design, resizing, and aftercare, are suspended during this time and will resume once the workshop reopens. Any timeframes that fall within or overlap this period will be extended accordingly.

22. Intellectual Property

22.1

You acknowledge that we are the owner of copyright in all designs produced by us, whether or not at your direction. You agree not to reproduce, in whole or part, any of our designs or engage another person to use or reproduce our designs. You further acknowledge that we are free to use our designs for other purposes, including creating jewellery for other persons or as part of our own collections.

22.2

Where you provide us with any materials in the course of designing your Jewellery, including images, sketches, references, or design ideas, you warrant that you hold the necessary rights to those materials and that their use by us will not infringe the rights of any third party. You acknowledge that any such materials are provided on a non-confidential basis and that we may retain and use them for the purpose of designing and producing your Jewellery.

23. Use of Information

23.1

We collect and use your personal information in accordance with our Privacy Policy, which is available at fourwords.co.nz and forms part of the terms on which you engage with us. Our Privacy Policy sets out the information we collect, the purposes for which we collect and use it, how we store and protect it, and your rights of access and correction.

23.2

By placing an order with us, you acknowledge that we may use your personal information to communicate with you about your order and, where you have not opted out, to send you marketing communications relating to our products and services. You may opt out of receiving marketing communications at any time by contacting us at hello@fourwords.co.nz or by following the unsubscribe link in any marketing email.

23.3

Where we engage third-party service providers (such as email marketing platforms) to assist us in delivering our services or communications, those providers may have access to your personal information only to the extent necessary to perform their functions, and are required to handle that information in accordance with applicable privacy laws and their own privacy obligations.

24. Limitation of Liability

24.1

To the fullest extent permitted by law, we shall not be liable for any indirect, consequential, incidental, special, or punitive damages of any kind, including but not limited to loss of profits, loss of revenue, loss of data, or any other financial loss arising out of or in connection with your order or these Terms, even if we have been advised of the possibility of such damages.

24.2

Our total liability to you in connection with any order shall not exceed the amount paid by you for the Jewellery to which the claim relates.

24.3

Nothing in this clause limits our liability for death or personal injury caused by our negligence, or for any liability that cannot be excluded by law, including under the Consumer Guarantees Act 1993.

25. Consumer Guarantees Act 1993

25.1

Where any Jewellery is acquired by you for use in a business, you agree that the Consumer Guarantees Act 1993 (the Act) does not apply. Any liability we may have to you is limited to the repair or replacement of the Jewellery supplied by us for which the liability arises.

25.2

Where any Jewellery is supplied to you as a "consumer" (as defined by the Act), for non-business purposes, the Act will apply and prevail over any contrary provisions in these Terms. In particular, if Jewellery does not meet the guarantees of acceptable quality or correspondence with description under the Act, you may be entitled to a remedy notwithstanding any provisions in these Terms that would otherwise limit or exclude returns, refunds, or exchanges. We do not give any guarantees or make any warranties in addition to those contained in the Act, and our liability to you is limited to our obligations under the Act.

26. Governing Law

26.1

These Terms shall be governed by NZ law and subject to the non-exclusive jurisdiction of the NZ courts.

27. Dispute Resolution

27.1

In the event of a dispute arising out of or in connection with these Terms or any Jewellery provided by us, both parties agree to attempt to resolve the dispute in good faith through negotiation before pursuing any other remedy. If the dispute cannot be resolved through negotiation, either party may refer the matter to mediation before pursuing legal action. The costs of mediation shall be shared equally between the parties unless otherwise agreed.

27.2

Nothing in this clause prevents either party from seeking urgent injunctive or other interim relief from a court where necessary.

28. Changes to These Terms

28.1

We reserve the right to update, amend, or replace these Terms at any time at our sole discretion. The most current version of these Terms will govern your order. By continuing to engage with us or proceeding with an order, you accept the Terms as they stand at that time. We recommend you review these Terms periodically.

29. Waiver

29.1

No delay or failure by us to exercise any of our rights or remedies will constitute a waiver or variation of any such right or remedy.

30. Validity

30.1

If any part of these Terms is illegal or unenforceable, the remaining provisions will continue in full force and effect.

Very into this, actually

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Showroom

Level 3, 10 O'Connell Street Auckland 1010

Mon-Fri: 10am - 6pm

Sat: 9am - 5pm

By Appointment Only

+64 9 802 2845

hello@fourwords.co.nz

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