GENERAL TERMS

Opalminded.com is the website (further referred as Opalminded.com or the Website) operated by the trustee for the Opal Minded Foundation (Opal Minded). The general terms and conditions of sale will apply to purchases of our opal jewellery and loose stones on Opalminded.com or via our opal specialists.  Access to and use of the Website, or any of its associated products or services, is provided by Opal Minded (trading company). Please read these terms and conditions carefully. By using, browsing and/or reading the Website, it is confirmed that you have read, understood and agree to be bound by the listed terms and conditions (the Terms). If you do not agree with the Terms, you must cease usage of the Website, or any of Opal Minded services (the Services), immediately.

Opalminded.com provides you with an opportunity to browse and purchase various products and services listed for sale through the Website.

Opalminded.com and its contents are provided to you on a basis that the Website may contain errors, faults and inaccuracies and may not be complete and current. In the instance of an inaccuracy on the Website, Opal Minded retains the right to cancel an order and refund your payment when applicable. Opal Minded reserves the right to amend and update promotional activity on the Website without notice. Opal Minded reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Opal Minded updates the Terms that have a direct impact to you, we will publish the changes on this platform.

Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

All the terms and conditions set out on Openminded.com are in good faith and in accordance with the relevant provisions of Australian Consumer Law.

Your Obligations

You covenant and warrant that:

1. all information and data provided by you to us through the Opanminded.com (including as part of the customer registration process) or otherwise is true, accurate, complete and up to date;
2. the person receiving Opal Minded products (the Products) at the address specified by you as delivery address (Delivery Address) is authorised by you to do so;
3. you have and will comply with all relevant laws relating to your use of the Opalminded.com and your placement of any order to us;
4. you will ensure that your LoginID and password that is used to access the Opalminded.com and the details of your account is kept in a safe and secure manner;
5. you will promptly notify us if you are or become aware that there is or has been an unauthorised use of your LoginID and password or account, or any other security breach relating to your account;
6. you will promptly advise us of any changes to your information provided to us as part of our customer registration process;
7. you are responsible for any costs associated with your access to or use of the Opalminded.com, including Internet access fees;
8. you are responsible and liable for any person that uses your LoginID and password to order the Product(s) through the Opalminded.com;
9. you agree that we may charge you for all Products that we agree to supply to you that have been ordered using your LoginID and password through the Opalminded.com;
10. you will check the labels on the Products before consumption or use;

You must not:

1. use the Opalminded.com for any activities that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes;
2. use the Opalminded.com in a manner or way, or post to or transmit to or via the Opalminded.com any material, which interferes with other users or our other customers or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying this Website;
3. make fraudulent or speculative enquiries, purchases or requests through the Website;
4. use another person’s details without their permission or impersonate another person when using the Website;
5. post or transmit any obscene, indecent, inflammatory or pornographic material on or in relation to this Website or any other material that may give rise to any relevant legal proceedings;
6. tamper with or hinder the operation of the Website;
7. knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to the Website;
8. use any robot, spider, Website search or any kind of retrieval application or other mechanism to retrieve or index any portion of the Website;
9. modify, adapt, translate or reverse engineer any portion of the Website;
10. remove any copyright, trade mark or other proprietary rights notices contained in or on the Website;
11. reformat or frame any portion of the web pages that are part of the Website;
12. create accounts by automated means or under false or fraudulent pretences;
13. use the Website to violate the security of any computer or other network or engage in illegal conduct;
14. take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure;
15. use the Website other than in accordance with these terms and conditions; or
16. attempt any of the above acts or engage or permit another person to do any of the above acts.

Disclaimer

The information contained in this Website is provided in good faith on an “as is” basis. Opal Minded does not represent or warrant to the reliability, accuracy or completeness of the information contained on this Website. To the extent permitted by law, Opal Minded is not responsible or liable for any Liabilities (direct, indirect or consequential losses and damages) arising in any way (including without limitation negligence) for errors in, or omissions from, the information in this Website.

Definitions

Capitalised terms used are defined in these terms and conditions. In these terms:

‘’Force Majeure’’ means an act, omission or circumstance over which you or Opal Minded could not reasonably exercise control, and includes, without limitation:

(a) an act of God, fire, flood, tornado, hurricane, global pandemic or any other form of inclement weather, or conditions resulting from inclement weather; or

(b) explosion, concussion, collision, radiation, act of the public enemy, act of war (declared or undeclared), insurrection or national emergency (whether in fact or law).

“GST” has the meaning it has in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

“Liabilities” means all direct and/or indirect liability for: costs; damages; losses; claims, causes of action, accidents; injuries; deaths; law and traffic violations; and expenses including but not limited to legal fees.

“LoginID” means the email address that you provided to us as part of the registration process to use the Website.

“Product’ means each good that is advertised on Opalminded.com.

PURCHASE of PRODUCT ONLINE

The purchase of goods and services are allowed only to persons over 18 years old.

Opal Minded is doing utmost to deliver the most accurate photographs, informed descriptions and precise measurements on opalminded.com to match the real product. Due to the dynamic nature of opal colour play and limitations on photography generally, it is accepted that photography does not capture and/or display the entirety of its colour qualities or attributes. While all the photography and information is provided in good faith, it is the purchsers responsibility to ensure due diligence in checking any and all aspects of the products they need to confirm before making an informed and binding buying decision. Should you like to reconfirm the information about your selection, please contact our opal specialists for more photographs or videos before going ahead with your order.

The guideline for ring sizing on Opalminded.com is based on the system of Durston Precision Box Ring Set (UK). It is your responsibility to check your finger size in the diameter or circumference against the ring size used in your country. Please be aware Opal Minded cannot take responsibility for variances between different sizing methods and standards.

We have an extensive range of opals in our collection. Should you be interested in any particularly piece that cannot be found on our Website, please contact our opal specialist at consultation@opalminded.com.

Every opal will be examined by our gemmologist before being dispatched to you. Should you have any further questions or concerns about our pieces or your order, please contact our opal specialist before confirming your order.

Whilst all care has been taken in providing accurate information, we do not accept any liability for errors or omissions herein and you release us to the greatest extent permitted by law from any such errors or omissions.

AUTHENTICITY GUARANTEE

At Opal Minded we guarantee the authenticity of all opals purchased through the Opalminded.com.

A complimentary Certificate of Authenticity (COA) will be provided with the product having the COA note in the listing description. A complimentary Certificate of Valuation (COV) will be provided with the product having the COV note in the listing description.

Should you require a Certificate of Valuation for your opal pieces, please contact our opal specialists for more details. The issuing COV is free of charge for all pieces purchased through the website.

ORDER CONFIRMATION ANS PAYMENT

Your order will be confirmed automatically after the payment is made. The order will be cancelled only when terms and conditions listed on Website have not been complied by customer or if such required by applicable law. We retain the right to delay and/or cancel the order if fraudulent activity is suspected. Please contact our opal specialist for details should cancelation occur.

All prices on opalminded.com are in Australian Dollars (AU$) and already include Australian Goods and Services Tax (GST). Customers purchasing outside Australia are automatically charged the duty-free price after filling in the shipping address.

All orders are payable in Australian Dollars (AU$) only. We accept debit and credit card: Visa, MasterCard, American Express, Pay and PayPal payments or bank transfer to the Opal Minded account.

All products remain the property of Opal Minded until full payment for the order has been received. All risk in the products passes on delivery which is deemed to take place upon acceptance of the products on the delivery address or nearest post office by your signature, or the signature of another authorised person whose details should be communicated prior the shipment.

ORDER CANCELLATION

Prior to the dispatch of an order, we may cancel all or any part of an order (including any orders that we have accepted) without any liability to you for that cancellation if:

1. the requested Products in that order are not available; or
2. there is an error in the price or the product description posted on the Website or in any other sales platform in relation to the relevant Product in that order;
3. we consider that the postage price selected in the checkout does not match the applicable price for the delivery address;
4. your order weight exceeds our maximum postal delivery weight (in which case we will contact you to make alternative arrangements where possible); or
5. that order has been placed in breach of these terms and conditions.

If we do so, then we will endeavour to provide you with reasonable notice of that cancellation, and will not charge you for the cancelled order if we cancel it before the delivery date or if you are not at fault or in breach of these terms and conditions.

ORDER REJECTION

We reserve the right to accept or reject your order for any reason, including (without limitation) if the requested Product is not available, if there is an error in the price or the product description posted on the Webite or in your order.

Each order placed for Products through the Website or any other means that we accept results in a separate binding agreement between you and us for the supply of those Products. For each order accepted by us, we will supply the Products in that order to you in accordance with these terms and conditions.

If we reject an order placed through the ite, then we will endeavour to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.

REPAIRS

Opal Minded guarantees its products for one year from the date of purchase against any faults in materials or workmanship in Australia as well as overseas. Over warranty period, Opal Minded has no responsibility for guaranteeing repairs. Any repairs are conducted and accepted following an inspection by our gemmeologist and jeweller. Should there be a disagreement as to the nature of the assessment, Opal Minded reserves the right to seek expertise outside of Opal Minded. Should a client request an outside expertise in writing, any costs of procuring such expertise are the client’s responsibility.

Please contact our opal specialists for any repairs and servicing your jewellery by email or via our Website.

The opal piece purchased from the Website should be returned for repair to the boutique in the Rocks, Sydney. Sending goods for repair by post, the buyer is responsible for all shipping and insurance costs and undertakes any risk of loss, theft or damage of goods during the shipment. Opal Minded will not be responsible for items lost or damaged in transit if you choose not to insure.

Opal Minded is not responsible or liable, financially or otherwise, for any damage resulting from causes other than faults existing in the product at the time of purchase. Improper use of the product which results in damage, any intentional or unintentional alterations of the product by the client or their associated parties voids Opal Minded’s guarantee.

WARRANTY & LIABILITY

Opal Minded accepts liability for all legal guarantees and warranties expressed or implied to the transactions under the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth), and any other legislation, such as the Fair Trading Acts (or equivalent legislation) in each State and Territory, the effect of which cannot be excluded by law.

1. Where we are permitted by law (and subject to clause described immediately above here:
2. we do not warrant or represent the suitability of the Website or a Product for any purpose; and
3. we will not be liable to you for indirect and consequential loss (including without limitation for loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind) or loss or corruption of data, in contract, tort, under any statute or otherwise (including negligence) arising from or connected to the Website or the Product.

Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.

COPYRIGHT & INTELLECTUAL PROPERTY

The Website, the Services and all of the related products of Opal Minded are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Website content and compilation of the Website (including text, graphics, logos, button icons, video images, audio clips and software, the ‘Content’) are owned or controlled for these purposes, and are reserved by Opal Minded or its contributors.

Opal Minded retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:

• any rights including Intellectual Property rights;
• the business name, trading name, domain name, trade mark, design, patent, registered design or copyright of Opal Minded; or
• the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
• a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).

You must not, without the prior written permission of Opal Minded: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third-party content for any purpose.

RESTRICTED USE

You must not use this Website to post or transmit:

(a) any information or materials which breach any laws or regulations, infringe a third party’s rights, or are contrary to any relevant standards or codes; or

(b) any unlawful, threatening, defamatory, obscene, indecent, inflammatory or pornographic material or material that could give rise to civil or criminal proceedings.

USER ACCOUNT RULES

By creating an account you are accepting the conditions of all the other policies listed on this Website. Additionally, you confirm that you:

• are over 18 years of age
• will not share your LogIn and/or password with other parties
• will not use your account for any unlawful practices (as defined by Australian law and any applicable law of your country of residence)
• will not leave your account logged in and available for unauthorised use by other parties.

Opal Minded is not responsible for any use of your account contravening any of Opal Minded policies listed on this Website.

ACCOUNT TERMINATION OR SUSPENSION

We may terminate this agreement for convenience at any time on notice to you. Without qualifying the foregoing, we may immediately suspend, terminate or limit your access to and use of the Website and (where relevant) your account if we reasonably suspect that you have commit fraudulent act and/or you breach these terms and conditions.

OPAL MINDED E-GIFT CARD

The Opal Minded E-Gift Card can be redeemed online and used towards any Opal Minded product at: www.opalminded.com.  

This Gift Card has no expiry date. This Gift Card is non-replaceable, non-refundable, non-reloadable and cannot be redeemed for cash or used to buy another Gift Card. No discount codes/links can be applied or used to purchase a Gift Card. 

Gift Cards can only be used to make purchases up to the initial Gift Card amount, or the remaining balance. If your purchase exceeds the balance on the Gift Card, you must pay the excess using another payment method. 

Gift cards are only valid in the currency they were issued. 

FORCE MAJURE & TERMINATION

If Opan Minded is wholly or partially precluded from complying with its obligations under this agreement by Force Majeure:

(a) as soon as practicable after an event of Force Majeure arises, Opal Minded notify you of the extent to which it is unable to perform its obligations under the Website terms and conditions; and

(b) the affected  obligations to perform in accordance with this Website will be suspended for the period of the delay due to Force Majeure.

If a delay due to Force Majeure exceeds thirty (30) days, Opal Minded will discuss the matter with you and will give you no less than thirty (30) days’ notice and attempt to reach a mutually satisfactory resolution to the problem. If a mutually satisfactory resolution cannot be reached, both parties may terminate this agreement by giving thirty (30) days written notice.

GOVERNING LAW CLAUSE

This Agreement is subject to the laws of the State of New South Wales.