Definitions and interpretations

a) “Us”, “we”, “our” are references to Mars Official Ltd – trading as Marbeck and where the context permits includes our employees, agents and contractors.

b) “you” and “your” are references to you our customer. 

1.       General

1.1. These terms set out the basis in which we provide 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 or us.

1.2 By accepting a quote, making any payment to us, or authorising us to proceed with the jewellery, you will be deemed to have accepted these terms

2.       Design process

2.1 During your initial consultation with us we will advise you of the various options when it comes to stone selection, metal and designs. There is no charge for this initial
consultation.

2.2 Should you wish to move forward with a bespoke piece that is outside of stone or metal changes on collection pieces, we will provide sketches based on your requirements. A design deposit will apply. The deposit is non-refundable and must be paid prior to design commencement. The design deposit will be deducted from the balance of your finished piece of jewellery.

2.3 Once you are happy with
the design we will provide you with a quote. Quotes are valid for 21 days following the date issued.

2.4 A quote can be accepted by payment of a non-refundable 50% deposit of the total specified amount. Once the deposit has been received we will purchase your selected stones which are non-returnable
or exchangeable.

2.5 We will then make a wax or CAD design up of your ring at this point small changes can be made such as claw thickness or band finish. Any substantial changes will incur additional costs. These will always be communicated to you before any work is done. As per clause 3.2. Once approved we will manufacture your ring to our high standard.

2.6 Please be aware that we are unable to accept returns of jewellery manufactured by us pursuant to these terms in the event that the jewellery is no longer required for any reason.

3.       Price

3.1 Upon accepting a quote,
you agree to pay the price specified in that quote.

3.2 In the event that the design specifications that a quote relates to are subsequently varied at your request, and such variations results in an increase in the Price set in that Quote, we will issue you with a revised quote reflecting the increased Price for your acceptance before any work is completed. You agree to pay this
increased price by the due date of the final invoice.

4.       Payment

4.1 You agree to pay the price
as follows:

a) where a non-refundable design deposit is payable for your custom design, this deposit must be paid to us (in part payment of the Price) upon you engaging us to create a design for
you.

b) upon acceptance of our Quote
a non-refundable deposit of 50% of the Price specified in the Quote must be
paid to us (in part payment of the Price) within 21 days of us issuing our
Quote to you.

c) when you have been notified
by us that your Jewellery has been crafted and is ready for collection, the balance of the Price (less deposit paid) must be paid to us in full within 10 days of us notifying you that your jewellery is complete and ready for
collection.

d) if you elect to purchase your jewellery duty free, the GST exclusive amount of the Price plus any airport collection fees must be paid at least 7 days prior to your flight.

e) for any engraving or repair services you engage us to carry out, the Price must be paid to us in full prior to any work commencing.

4.2 All payments are subject to GST unless you are purchasing duty free, or if you are an international customer Duties will be your responsibility see clause 5.3

4.3 In the event that you fail to pay the balance Price within the 10 days after we have notified you that your jewellery is ready for collection, unless recorded in writing and signed by you or us, we will be entitled to:

a)charge you a fee of $50 per month that balance of the price has not been received by us in full; and/ or

b) retain the jewellery and any deposits paid by you to cover our costs and losses incurred in relation to the Jewellery and pursuing the recovery of payment of any amounts owing by you to us, in which case we will cease to have any further obligations to you.

5.       Delivery

5.1 we will always use our best endeavours to supply your jewellery by the estimated delivery date. However because of the nature of custom-made fine jewellery, we occasionally cannot guarantee delivery on a specific date. If you require your jewellery for a specific date, please let us know during your initial consultation. If at any point, we believe we might not meet your time frame we will let you know as
soon as possible.

5.2 Completed Jewellery may be collected from our Auckland Showroom or delivered to an address specified by you. All deliveries are made by a signature required courier. You are responsible for ensuring that the address provided is correct and that someone will be available to take the delivery.

5.3 Where overseas delivery is
required you will be responsible for any import taxes, duties or levies that
may apply.

5.4 Jewellery will be deemed
to have been delivered upon:

a) collection of the Jewellery
from our showroom

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

 

c) collected from a duty free collection point at a New Zealand International Airport.

1.       Duty Free Service

6.1 we offer a duty free collection service. To take advantage of this service you must be the purchaser of the jewellery and departing a New Zealand international airport on an
international flight.

6.2 where you elect to purchase jewellery duty free you must:

a) notify us at the time that you accept our quote

b) provide us with your departing flight details within 4 weeks of the date of the tax invoice that we issue to you; and

c) pay the GST exclusive amount of the Price of your jewellery (less any deposit paid) in full to us at least 7 days prior to your date of departure.

6.2 If you fail to provide us with your flight date/ time, flight number and details of your departing airport within the timeframe set out in clause 6.1(b), you will be required to
pay the GST component of the Price of your jewellery to us.

6.3 We will make the jewellery available to you at your relevant New Zealand International Airport at a designated duty free collection point.

6.4 Please note that in the event you subsequently return to New Zealand 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, by the person bringing it into New Zealand. We recommend you consider New Zealand customs requirements for bringing goods into New Zealand prior to your departure.

6.5 Where you wish to purchase jewellery duty free a handling fee will apply and must be paid prior to jewellery being delivered to your relevant New Zealand Airport collection
point. The handling fee varies depending on the cost of the jewellery and will be between $250-$500

2.       Ownership/ Risk

7.1 All Jewellery (excluding any items that have been provided by you) remains our property until full payment in accordance with these terms has been made by you.

7.2 All jewellery will be at our risk until delivery has occurred in accordance with clause 5.4. We strongly recommend you have insurance cover in place prior to delivery of the jewellery to you.

3.       Customer Care

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

8.2 Your piece may have small flaws or imperfections we see these as being reflective of a hand crafted piece
and as signs of a makers mark or touch.

8.3 If you feel that the jewellery has not been completed in accordance with the design specifications you will have 7 days to notify us of this after accepting your piece of
jewellery.

8.4 We recommend you care for your jewellery in the manner set out in the Marbeck care pamphlet which is also
available on our website. We will not be responsible for any damage sustained
to your jewellery where this has not been followed.

8.5 You acknowledge that metal has a natural tendency to “relax” after setting of stones. This may result in
some stones coming loose or falling out, particularly smaller or very close set
stones. You agree this does not constitute poor workmanship.

8.6 You acknowledge that the
following matters (as reasonably determined by us in our assessment of the Jewellery) are not a result of any defect of poor workmanship, and we will not be responsible for the cost of rectifying:

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 any other party;

e) loss of stones (subject to
clause 9.1);

f) loss or theft.

8.7 Where any work undertaken by us relates to heirloom jewellery or other stones or jewellery not sourced by us, we will take all due care but do not accept any liability for any loss or damage to such stones or jewellery while being repaired/ incorporated into the jewellery or otherwise while in our possession.

8.8 Prior to any work beginning with respect to your heirloom jewellery, other stones or jewellery not sourced by us , we will require a valuation (to our required standard) to
be provided to us at your expense ( we can arrange this for you)

4.       Engagement Rings - Customer
Care

9.1 If within 6 months of purchase, any stones 0.1 carats or less fall out of your engagement ring other than as a result of impact (as determined by us in our assessment of your engagement ring), we may at our discretion replace and re-set such stones free of charge provided you return the affected jewellery to our showroom.

9.2 we provide a complimentary engagement ring service during the first 5 years following the date of purchase of your Engagement Ring. This allows you to bring your Engagement Ring in to us for a check-up, where we will tighten the claws and professionally clean it. We will also advise you during our check-up if we consider that any other maintenance or repair work is required to your Engagement Ring. Please note that any additional services (including any work required to rectify matters specified in clause 8.6) will incur an additional charge. We strongly recommend you take advantage of our complimentary Engagement Ring Service to ensure your
Engagement Ring remains in top condition.

9.3 Our Complimentary Engagement Ring service includes up to 2 complimentary services during the first 5 years

following the date of purchase of your engagement ring, as follows;

a) an initial Service one year
after the date of purchase of your engagement ring

b) a second service between 3 and 5 years after the date of purchase of your Engagement ring

9.4 Please email the showroom before bringing your ring in for a service so that we can organise an agreed time.

9.5 Any services outside of these three services will incur a charge. The complimentary services are only
applicable to jewellery created by us.

9.6 We offer one complimentary re size for all Engagement Rings purchased from us.

1.       Insurance

10.1 We strongly recommend you have appropriate insurance cover in place for your jewellery prior to collecting it (or receiving it if being delivered to you).

10.2 in the event your jewellery is damaged following delivery (see clause 5.4) due to failure to properly care for your jewellery (see clause 8.4) or as a result of any reason
not directly related to our workmanship (including any reason contained in clauses 8.6(a)-(f), you will be responsible for the cost of any repair you engage us to undertake if that cost is not met by your insurer.

2.       Valuation

11.1 Where we provide you with a valuation in respect of any jewellery purchased from us, this valuation will be an independent valuation from Jewellery Valuers Company Ltd or such other third-party valuation that we choose to engage.

11.2 The valuation is provided for insurance purposes only and will specify the “replacement value” of your jewellery.

11.3 Mars Official Ltd (trading as Marbeck) assumes no responsibility or liability for the valuation provided by Jewellery Valuers Company Ltd or such other third-party valuation that we choose to engage to value any jewellery.

3.       Intellectual Property

12.1 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 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 collection.

12.2 You acknowledge that we reserve the right to post photos of your piece on social media or on our website. We will always ask your permission before including any names and to ensure that the ring is with its recipient.

4.       Use of information

13.1 We collect your personal information in order to provide the Jewellery to you. You agree that we may also use any personal information you provide to us for marketing purposes, including but not limited to sending electronic messages. You are entitled under privacy act 2020 to view and seek correction of any personal information
held by us.

5.       Consumer Guarantees Act 1993

14.1 where any Jewellery is acquired by you for use in a business, you agree that the Consumer Guarantees Act 1993 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.

14.2 Where any Jewellery is supplied
to you as a ‘consumer’ (as defined in the Act) for a non-business purpose, the Act will apply and prevail over any contrary provisions in these Terms. 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.

6.       Governing Law

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

7.       Waiver

16.1 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.

8.       Validity

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