Ashlocks Reseller Terms & Conditions
TERMS AND CONDITIONS FOR BUYING WHOLESALE PRODUCTS
Welcome to Keepsake Jewellery Australia (“KJA”).
In these terms, we also refer to KJA as “our”, “we”, or “us”.
What are these terms about?
These terms apply when you or the company you represent (the Customer, you) place an order for wholesale products through any means; or use this website, being ![]()
https://keepsakejewellery.com.au/ and any other websites we operate with the same domain name and a different extension (“Website”), open a
wholesale account (“Account”) with us and purchase wholesale products through this Website (“Products”).
If you’re looking for our Privacy Policy, which we will comply with and you also agree to be bound by, you can find it ![]()
here.
How do I read these terms?
We separated these terms into three parts, so they are easy to read and understand. Those parts are:
- Part A: Terms for when you buy Products (applies when you buy)
- Part B: Terms for when you retail the Products (applies when you retail)
- Part C: Disclaimers, liability and warranties, and interpretation provisions (applies to both buying and retailing)
Please let us know if you have any questions about these terms, and don’t continue using this Website or purchase any Products unless you have read and agree to these terms.
I’ve returned to your Website, do I need to read these terms again?
Once you place an Order, the terms accepted at the point of sale will apply to your purchase of those Products. However, please note that we may change any part of these terms at any time by updating this page of the Website, so you may find that different terms apply next time you use this Website or purchase Products. You can check the date at the top of this page to see when we last updated these terms.
Part A
For When You Buy Products…
1. SUBMITTING AN ORDER
(a) By submitting an order for purchase of a Product using the Website’s functionality (Order) you represent and warrant that: (i)you have the legal capacity and are of sufficient age to enter into a binding contract with us; and (ii)you are authorised to use the debit or credit card you provide with your Order.
(b) Submitting an Order constitutes your intention and offer to enter into these terms where we will provide you with the Products you have ordered in exchange for your payment of the total amount listed upon checkout.
(c) Part A of these terms is not agreed between you and us until you receive an email from us confirming that your Order is being processed.
2. ACCOUNTS
(a) To submit an Order and/or to purchase a Product, you may be required to sign-up, register and receive a wholesale account through the Website (an Account).
(b) Once you complete the Account registration process, we may, in our absolute discretion, choose to accept you as a registered user within the Website and provide you with an Account.
(c) We may impose conditions or restrictions on your Account, including what Products you can Order, the prices at which the Products are available to you (which may be based on any previously negotiated commercial agreements we have with you); and where you can retail those Products.
(d) We may, in our absolute discretion and at any time, reject, suspend or cancel your Account for any reason, including for any failure to comply with these terms.
(e) As part of the Account registration process and as part of your continued use of the Website, you may be required to provide personal or business information and details, such as a valid email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, bank account information, and other information as determined by us from time to time.
(f) You warrant that any information you give to us in the course of completing the Account registration process will always be accurate, honest, correct and up-to-date.
(g) By applying for an Account with us you agree to be added to our wholesale mailing list where you’ll receive emails containing updates and promotions. You are able to unsubscribe from this list at any time. Your details will be dealt with in accordance with our Privacy Policy.
3. PRODUCTS
(a) We will endeavour to ensure that the Products provided will be substantially the same as the Products displayed on our Website, or as otherwise agreed with you in writing prior to you placing your Order. Please note that due to the nature of natural gemstones, natural variations in precious metals, screen display, colour and brightness, and image quality, Products may not exactly match the image on our Website.
(b) ![]()
From time to time some Products may be out of stock or unavailable and therefore we may not be able to fulfil part or all of your Order. This includes any errors in the stock numbers displayed on our Website as a result of technical or clerical errors. If this occurs, we will use reasonable endeavours to contact you as soon as possible to discuss potential solutions.
(c) We reserve the right to discontinue Products at any time.
(d) (Risk and Title) Until the price of your Products is paid in full, title in those Products is retained by KJA. Risk in the Products will pass to you on delivery in accordance with clause 5. Delivery must not be refused by you.
4. PAYMENT
(a) All prices are:
(i) wholesale prices which is subject to any applicable discussions between you
and KJA;
(ii) per unit (except where indicated);
(iii) in Australian Dollars;
(iv) to be held in strict confidence and be subject to confidentiality obligations set
out in clause 17; and
(v) subject to change prior to you completing an Order without notice.
(b) (GST) Unless otherwise indicated, amounts stated on the Website are inclusive of GST. In relation to any GST payable for a taxable supply by KJA, you must pay the GST subject to KJA providing a tax invoice.
(c) (Invoice) Upon receiving your Order, we will issue you with an invoice setting out:
(i) the total price of the Products ordered;
(ii) delivery costs; and
(iii) GST.
(d) (Payment obligations) Unless otherwise agreed in writing, you must pay the Invoice within the time specified on the Invoice. Depending on our arrangements with you, Orders may not be shipped unless an Invoice has been paid for.
(e) (Pricing increases) We reserve the right to increase the wholesale prices displayed on our Website at any time. You acknowledge and agree that prices are subject to fluctuation for various reasons, including to account for changes to the Consumer Price Index as most recently published by the Australian Bureau of Statistics at that time, or to reflect a genuine increase in any cost component such as the cost of raw materials, exchange rate variations or any increases in expenses incurred by KJA.
(f) (Card surcharges) KJA reserves the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
(g) (Online payment partner) We may use third-party payment providers (Payment
Providers) to collect payments for Products. The processing of payments by the
Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.
(h) (Pricing errors) In the event that we discover an error or inaccuracy in the price at which your Order was purchased (including shipping prices), we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your Order at the correct price, or cancelling your order. If you choose to cancel your Order and payment has already been debited, the full amount will be credited back to your original method of payment.
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. DELIVERY AND SHIPPING
(a) (Delivery Costs) ![]()
Delivery costs will be calculated based on the delivery address you provide and added to the cost of your Order in the Invoice issued to you. By paying the Invoice you are agreeing to the delivery costs.
(b) (Delivery Times) We will provide you with an estimated delivery time when we accept your Order. Delivery times are estimates only and subject to change. We accept no liability for any Claims in respect of delays to delivery.
(c) (Delivery Details) KJA may charge you for delivery at any time (notwithstanding that it may not have previously done so). Where prices are stated as inclusive of delivery:
(i) delivery is to the delivery point specifically accepted by KJA; and
(ii) we will deliver the Products to you in accordance with the shipping information
displayed on our Website.
(d) (Delivery Issues) Third party courier terms apply to the delivery of the Products to you
(for most Orders in Australia we use Australia Post and you can find their terms ![]()
here). Any problems with delivery may first be directed to us to troubleshoot the issue. We will endeavour to assist you to ensure your delivery arrives. All delivery times provided to you are estimates only and are subject to postal delays and reasons beyond our control. We do not warrant or make any representation that your order will be delivered within the times indicated. We will not be liable for any loss or damage suffered as a result of or in connection with late deliveries.
(e) (Damage in Transit) As we use third party carriers to deliver the Products, you
acknowledge and agree that we are not liable for any loss of or damage to Products in transit. You must make all claims for such loss or damage against the carrier. We encourage you to take out insurance to protect yourself from loss of or damage to Products in transit.
(f) (International Orders) KJA reserves the right to refuse international orders. Approved international orders may be subject to customs and import duties upon reaching its country of destination. You will be responsible for paying all customs and import duties and acknowledge that failure to pay may result in your order being held at customs. We will not be liable for any costs you may incur in having your order released from customs, including reimbursing you for any customs or import duties you may pay.
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. CHANGES TO YOUR ORDER
6.1 CANCELLATION BY US
(a) We reserve the right to cancel your Order for any reason, and will notify you of this as soon as possible.
(b) Where payment has already been debited, the full amount will be credited back to your original method of payment.
(c) We are not liable for any liability whatsoever in respect of any delay in refunding a payment to you.
6.2 CANCELLATION BY YOU
You may cancel your Order up to the time that we confirm your Order in writing to you. Once we confirm your Order, your Order is binding and cannot be changed by you. However, our refunds and exchanges process in clause 7 may apply.
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RETURNS AND REFUNDS
7.1GENERAL
(a) Returns and exchanges of Products will only be accepted if you comply with the provisions of this clause 7, or we agree in writing to accept return of the Products.
(b) As a condition precedent to us considering any refund, replacement or repair, you must be able to provide valid proof of purchase of the relevant Products.
7.2![]()
CHANGE OF MIND RETURNS
(a) We aim to ensure that you are completely satisfied with your Products. If you are not satisfied with your Product for any reason, you may be entitled to a change of mind return. The following process applies to change of mind returns:
(i) You must submit a returns request via the contact details accessible provided
on the Website and inputting the relevant Order details. After you submit a
returns request, you must ship the Product being returned (Return Product) at
your cost, to the return address notified to you (Return Address) within 14 days
of the date that the Product was delivered to you (Delivery Date).
(ii) All Return Products must be returned:
(A) in original, unworn, undamaged condition, with all tags still attached
and no stains, marks, breakages, blemishes or any other
imperfections on the Products, as determined in our sole discretion;
(B) together with any proof of purchase, packaging for the Product and
any other information reasonably required by us. For the avoidance of
doubt, all pendants and charms must be placed inside the small white
pouch it comes with and then placed inside the resealable bag or
tissue paper as they were in when received by you on delivery.
(iii) We are not responsible for Return Products that are lost in transit or not
received. We recommend you return any Return Products with tracking.
(iv) If we determine, in our discretion, that you have met the requirements under this clause 7.2, we will issue you a full refund credited to the original method of
payment or store credit equal to the purchase price of the Product (excluding
shipping costs).
(v) If we determine that you have not met the requirements under this clause 7.2,
we will not offer a return, and we may either keep the Product or deliver it back
to your nominated address (at your cost).
(vi) Please allow up to 5 business days from when we receive the Return Product
for us to process the refund. Once we process the refund, we will send you a
confirmation email.
7.3 FAULTY PRODUCTS
(a) You must promptly inspect the Products on delivery and provide us with written notice within 48 hours of receipt of delivery if you, acting reasonably, reject any Products which you consider faulty in accordance with clause 7.3(e); or where a Product is not substantially the same as the Product you ordered as displayed on our Website (subject to reasonable variation as a result of screen display, colour and brightness, and image quality). Accordingly, you must provide us with a full description of the fault or variation (including images, descriptions and any evidence reasonably acceptable to KJA that the Products are not of acceptable quality).
(b)![]()
Due to the inherent nature of natural gemstones and precious metal alloys, there may be slight variations in colour or shade throughout various batches of Products. This does not constitute a faulty Product.
(c) Products which have been worn, damaged, mistreated or modified by you are not faulty Products. This includes chains, rings & earrings that have been ‘caught & snagged’.
(d) If a rejection is determined by us, in our absolute discretion, to be valid, we will provide you with a refund or replacement of the same or similar product as elected by KJA.
(e)![]()
The following process applies to any Product you believe to be faulty.
(i) If we determine that your Product may be faulty, we may request that you send
the Product back to us at your cost for further inspection, including any
packaging, accessories, manuals, documentation or registration shipped with
the Product. We reserve the right to further inspection before deeming a
Product faulty.
(ii) If we determine in our reasonable opinion that the Product is not faulty, or is
faulty due to fair wear and tear, misuse, failure to use or handle in accordance
with the manufacturer’s instructions, or failure to take reasonable care, we will
refuse your return and (if applicable) send the Product back to you at your cost.
(iii) If we determine that the Product is faulty, we will issue you with a store credit,
replacement or refund (including delivery costs) depending on the nature of the
fault. All refunds will be credited back to your original method of payment unless
you request otherwise and we approve this request.
(iv) If you fail to comply with the provisions of this clause 7.3 in respect of a faulty
Product, we may, in our absolute discretion, issue only a partial refund or no
refund in respect of the faulty Product.
(v) Nothing in this clause 7 is intended to limit or otherwise affect the operation of
any manufacturers’ warranties which you may be entitled to or any of your rights
which cannot be excluded under applicable law.
8 INTELLECTUAL PROPERTY
(a) KJA retains all intellectual property rights in the design of the Products, including the labelling and packaging, or those rights are owned by a third party. You must not attempt to copy, reproduce, manufacture or otherwise commercialise the Products except as contemplated by this agreement.
(b) We grant you a non-exclusive, royalty free, non-transferable, worldwide and revocable licence to use the intellectual property rights of the Products and any labelling, packaging or promotional material we provide to you under this agreement, for the purpose of retailing the Products in accordance with these terms.
(c) If you do use our intellectual property, you must do so in compliance with any direction given by us including but not limited to any brand guidelines.
(d) In this clause 8, “intellectual property rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.
9 THIRD PARTY SUPPLIERS
(a) We may do any of the following:
(i) outsource any part of performing any services related to providing the Products, including delivery of your Products; or
(ii) procure materials and Products from third party suppliers,
without further notice to or permission from you.
(b) To the maximum extent permitted under applicable law, we will not be liable for any acts or omissions of those third parties, including where such third parties cause delay or damage to any part of your Order, or are negligent in providing services or goods.
