Terms of service
OVERVIEW
Welcome to Alta Jewellery! The terms "we", "us" and "our" refer to Alta Jewellery. Alta Jewellery operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Alta Jewellery is powered by Shopify, which enables us to provide the Services to you.
Welcome to Alta Jewellery! The terms "we", "us" and "our" refer to Alta Jewellery. Alta Jewellery operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Alta Jewellery is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully. By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK], which is governed by the New Zealand Privacy Act 2020. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least 18 years of age (the age of majority in New Zealand), or that you are the parent or legal guardian of a minor dependent using this site under your supervision.
By agreeing to these Terms of Service, you represent that you are at least 18 years of age (the age of majority in New Zealand), or that you are the parent or legal guardian of a minor dependent using this site under your supervision.
To use the Services, including accessing or browsing our online store or purchasing any of the products we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide is correct, current, and complete. All personal information provided will be collected, held, and used strictly in accordance with our Privacy Policy and the Privacy Act 2020.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products in our online store. However, please note that colors or product appearance may differ slightly from how they appear on your screen due to your device settings and display configuration.
We have made every effort to provide an accurate representation of our products in our online store. However, please note that colors or product appearance may differ slightly from how they appear on your screen due to your device settings and display configuration.
Subject to your rights under the Consumer Guarantees Act 1993 (CGA) outlined in Section 5, we reserve the right to modify descriptions of products or discontinue items at any time without notice. We reserve the right to limit the sales of our products to any person, geographic region, or jurisdiction on a case-by-case basis.
SECTION 3 - ORDERS AND ACCEPTANCE
When you place an order, you are making an offer to purchase. Alta Jewellery reserves the right to accept or decline your order for any lawful reason. Your order is not accepted until we issue a formal order confirmation or dispatch the goods.
When you place an order, you are making an offer to purchase. Alta Jewellery reserves the right to accept or decline your order for any lawful reason. Your order is not accepted until we issue a formal order confirmation or dispatch the goods.
We must receive and process payment before your order is accepted. Once an order is placed, we may be unable to accommodate cancellation requests. If we reject, modify, or cancel an order after payment is taken, we will notify you promptly using the contact details provided and issue a full refund.
You represent and warrant that your purchases are for your own personal, domestic, or household use and not for commercial resale, trade, or export.
SECTION 4 - PRICES AND BILLING
Prices, discounts, and promotions are subject to change without notice. All prices posted on our website are stated in New Zealand Dollars (NZD) and are inclusive of Goods and Services Tax (GST) unless explicitly stated otherwise. Posted prices do not include delivery, customs duties, or local import charges if ordering from outside New Zealand.
Prices, discounts, and promotions are subject to change without notice. All prices posted on our website are stated in New Zealand Dollars (NZD) and are inclusive of Goods and Services Tax (GST) unless explicitly stated otherwise. Posted prices do not include delivery, customs duties, or local import charges if ordering from outside New Zealand.
You agree to provide current, complete, and accurate purchase and account information. You represent and warrant that you are authorized to use the chosen payment method and that all charges will be honored by your payment provider.
SECTION 5 - CONSUMER GUARANTEES AND LIABILITY
Nothing in these Terms excludes, restricts, or modifies any rights, guarantees, or remedies you have under New Zealand consumer law, including the Consumer Guarantees Act 1993 (CGA) and the Fair Trading Act 1986 (FTA) [The Consumer Guarantees Act 1993, Fair Trading Act 1986].
Nothing in these Terms excludes, restricts, or modifies any rights, guarantees, or remedies you have under New Zealand consumer law, including the Consumer Guarantees Act 1993 (CGA) and the Fair Trading Act 1986 (FTA) [The Consumer Guarantees Act 1993, Fair Trading Act 1986].
- Consumer Guarantees: If you are purchasing goods for personal use, our products come with guarantees that cannot be excluded. This includes guarantees that the jewelry is of acceptable quality, fit for purpose, and matches its description [The Consumer Guarantees Act 1993]. If a product fails to meet a guarantee, you are entitled to a repair, replacement, or refund in accordance with the CGA [The Consumer Guarantees Act 1993].
- Business Purchases: If you are acquiring goods from us for the purposes of a business or trade, you agree that the provisions of the Consumer Guarantees Act 1993 do not apply, and we contract out of the CGA to the maximum extent permitted by law under Section 43 of the Act.
- Limitation of Liability: Except for liability that cannot be excluded by law (including the CGA), Alta Jewellery’s maximum liability to you for any loss or damage arising out of or in connection with the supply of goods or your use of the Services will be limited to the total amount paid by you for the specific product giving rise to the claim.
Our return and exchange process for change-of-mind, outside of your statutory CGA rights, is governed by our Refund Policy [LINK].
SECTION 6 - SHIPPING AND DELIVERY
We will endeavor to deliver your products within the estimated timeframes provided at checkout. However, delivery times are estimates only. Under the CGA, where no specific time is agreed, we guarantee that goods will be delivered within a reasonable time.
We will endeavor to deliver your products within the estimated timeframes provided at checkout. However, delivery times are estimates only. Under the CGA, where no specific time is agreed, we guarantee that goods will be delivered within a reasonable time.
Risk of loss and title for the products pass to you upon delivery of the goods to your specified delivery address.
SECTION 7 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, are owned by Alta Jewellery, its affiliates, or licensors and are protected by New Zealand and international copyright, trademark, and intellectual property laws.
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, are owned by Alta Jewellery, its affiliates, or licensors and are protected by New Zealand and international copyright, trademark, and intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, or publicly display any material from the Services without our prior written consent.
SECTION 8 - OPTIONAL TOOLS
We may provide you with access to optional third-party tools (such as payment gateways or currency converters) over which we have no direct control. You acknowledge that we provide access to such tools "as is" and "as available" without any warranties or endorsements. Any use of optional tools is entirely at your own risk and subject to the terms of the relevant third-party provider.
We may provide you with access to optional third-party tools (such as payment gateways or currency converters) over which we have no direct control. You acknowledge that we provide access to such tools "as is" and "as available" without any warranties or endorsements. Any use of optional tools is entirely at your own risk and subject to the terms of the relevant third-party provider.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANT: This section accurately characterizes Shopify's relationship with your store and should not be removed or modified.]
[NOTE TO MERCHANT: This section accurately characterizes Shopify's relationship with your store and should not be removed or modified.]
Alta Jewellery is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Alta Jewellery. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Alta Jewellery, including any injury, damage, or loss resulting from purchased products and services. Subject to any non-excludable statutory rights you may have under New Zealand law against third parties, you hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Alta Jewellery.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK], and certain personal information may be subject to Shopify's Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK], and certain personal information may be subject to Shopify's Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. In accordance with the New Zealand Privacy Act 2020, information you submit to the Services will be transmitted to and shared with Shopify, as well as third parties that may be located in countries outside of New Zealand. We take reasonable steps to ensure that any overseas recipients protect your personal information to a standard comparable to New Zealand privacy laws. Review our privacy policy [LINK] for more details on how we, Shopify, and our partners collect, use, store, and disclose your personal information.
SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. We may use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services.
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. We may use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services.
You represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are under no obligation to maintain your Feedback in confidence, pay compensation, or respond to any Feedback.
We reserve the right, but have no obligation, to monitor, edit, or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party's intellectual property or these Terms of Service. You agree that your Feedback will not violate any right of any third party or contain any malicious code or malware. You are solely responsible for the accuracy of any Feedback you make.
SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, there may be information on or in the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability.
Occasionally, there may be information on or in the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability.
Subject to our obligations under the Fair Trading Act 1986 (FTA), we reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information [Fair Trading Act 1986]. If an item is inadvertently listed at an incorrect price due to a genuine administrative or technical error, we reserve the right to cancel the order and provide you with a full refund. We will notify you as soon as possible if your order is affected by a pricing error.
SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any applicable New Zealand or international regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms; (g) to transmit, or procure the sending of, any unsolicited promotional material ("spam") in breach of the Unsolicited Electronic Messages Act 2007; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services.
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any applicable New Zealand or international regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms; (g) to transmit, or procure the sending of, any unsolicited promotional material ("spam") in breach of the Unsolicited Electronic Messages Act 2007; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services.
In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) use any robot, spider, scraping, data gathering and extraction tools, automatic devices or processes, AI tools (such as agentic AI) or automated or manual means to extract data from the Services; or (e) interfere with, bypass, or circumvent the security features of the site. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.
SECTION 14 - AGENTS
14.1 This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software, web crawler, or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that can be executed on behalf of or using a person's device, without direct human supervision.
14.1 This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software, web crawler, or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that can be executed on behalf of or using a person's device, without direct human supervision.
14.2 No Agent may access, use, or interact with Services unless, at all times, it identifies itself and operates in strict accordance with the requirements in section 14.4 below. In addition, no Agent may access, use, or interact with Services if we have requested that the Agent refrain from doing so.
14.3 We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with Services.
14.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the name of the Agent by including the following in the request's user agent string: "Agent/[agent name]"; (ii) not conceal or obfuscate that any access, use, or interactions are from an Agent, such as by (a) mimicking human behavior and interaction patterns, or (b) completing or circumventing CAPTCHAs or measures intended to distinguish computer use from humans, (iii) respond truthfully to any question or prompt seeking to determine if interactions are coming from a human or a computer, (iv) not circumvent or otherwise avoid any measure intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.
SECTION 15 - TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) if you breach these Terms. Where practical, we will provide you with prior notice, but we reserve the right to terminate access immediately without notice if your breach is serious or impacts the security of our store. Upon termination, you will remain liable for all outstanding amounts due up to and including the date of termination.
We may terminate this agreement or your access to the Services (or any part thereof) if you breach these Terms. Where practical, we will provide you with prior notice, but we reserve the right to terminate access immediately without notice if your breach is serious or impacts the security of our store. Upon termination, you will remain liable for all outstanding amounts due up to and including the date of termination.
The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Consumer Guarantees and Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, and Governing Law.
SECTION 16 - CONSUMER GUARANTEES AND WARRANTIES
The information presented on or through the Services is made available for general information purposes. While we take reasonable care to ensure accuracy, any reliance you place on such information is at your own risk.
The information presented on or through the Services is made available for general information purposes. While we take reasonable care to ensure accuracy, any reliance you place on such information is at your own risk.
Nothing in these Terms excludes, restricts, or modifies any consumer rights or guarantees you have under New Zealand law, including the Consumer Guarantees Act 1993 (CGA) and the Fair Trading Act 1986 (FTA) [The Consumer Guarantees Act 1993, Fair Trading Act 1986].
- For Personal or Household Use: If you are purchasing jewelry for personal, domestic, or household use, our products come with statutory guarantees that cannot be excluded. This includes guarantees that the products are of acceptable quality, fit for purpose, and match their description [The Consumer Guarantees Act 1993].
- For Business Use: If you are acquiring goods or services from us for the purposes of a business or trade, you agree that the provisions of the Consumer Guarantees Act 1993 do not apply, and we contract out of the CGA to the maximum extent permitted by law under Section 43 of that Act.
- Service Delivery: We do not guarantee that your use of the Services will be uninterrupted, timely, or error-free, but we will provide the online store services with reasonable care and skill as required by law.
SECTION 17 - LIMITATION OF LIABILITY
To the maximum extent permitted by New Zealand law, and except for any liability that cannot be legally excluded (including under the CGA), Alta Jewellery, our directors, officers, employees, affiliates, agents, contractors, service providers, or licensors, and those of Shopify, will not be liable to you for:
To the maximum extent permitted by New Zealand law, and except for any liability that cannot be legally excluded (including under the CGA), Alta Jewellery, our directors, officers, employees, affiliates, agents, contractors, service providers, or licensors, and those of Shopify, will not be liable to you for:
- Any loss or damage that was not reasonably foreseeable to both parties at the time the contract was formed.
- Any loss of profits, loss of revenue, loss of savings, or loss of data arising out of or in connection with your use of the Services.
Except for liability arising from a failure to meet a statutory guarantee under the CGA (where the remedy is determined by law), our maximum aggregate liability to you for any claim under these Terms or in connection with the products will be limited to the total amount actually paid by you for the specific product giving rise to the claim.
SECTION 18 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Alta Jewellery, Shopify, and our affiliates, partners, officers, directors, employees, agents, and contractors from any losses, damages, liabilities, costs, or claims, including reasonable legal fees, made by any third party due to or arising out of: (1) your material breach of these Terms of Service, (2) your intentional violation of any law or the rights of a third party, or (3) your unlawful use of the Services.
You agree to indemnify, defend, and hold harmless Alta Jewellery, Shopify, and our affiliates, partners, officers, directors, employees, agents, and contractors from any losses, damages, liabilities, costs, or claims, including reasonable legal fees, made by any third party due to or arising out of: (1) your material breach of these Terms of Service, (2) your intentional violation of any law or the rights of a third party, or (3) your unlawful use of the Services.
We will notify you promptly of any indemnifiable claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you at your expense, and you agree to cooperate fully with our defense of those claims.
SECTION 19 - SEVERABILITY
In the event that any provision of these Terms of Service is determined by a New Zealand court or tribunal to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed to be severed from these Terms of Service, and such determination shall not affect the validity and enforceability of any other remaining provisions.
In the event that any provision of these Terms of Service is determined by a New Zealand court or tribunal to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed to be severed from these Terms of Service, and such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 20 - WAIVER; ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior agreements or communications.
Any ambiguity in the interpretation of these Terms will be resolved fairly and will not automatically be construed against the drafting party, subject to the provisions of the Fair Trading Act 1986 regarding unfair contract terms [Fair Trading Act 1986].
SECTION 21 - ASSIGNMENT
You may not transfer, assign, or delegate your rights or obligations under these Terms without our prior written consent. We may transfer, assign, or delegate our rights and obligations under these Terms to a third party (for example, if we sell our business), provided that such assignment does not reduce your rights or guarantees as a consumer under New Zealand law.
You may not transfer, assign, or delegate your rights or obligations under these Terms without our prior written consent. We may transfer, assign, or delegate our rights and obligations under these Terms to a third party (for example, if we sell our business), provided that such assignment does not reduce your rights or guarantees as a consumer under New Zealand law.
SECTION 22 - GOVERNING LAW
These Terms of Service, your use of the Services, and any separate agreements whereby we provide you products or Services shall be governed by, and construed in accordance with, the laws of New Zealand. You and Alta Jewellery irrevocably submit to the non-exclusive jurisdiction of the courts and tribunals of New Zealand.
These Terms of Service, your use of the Services, and any separate agreements whereby we provide you products or Services shall be governed by, and construed in accordance with, the laws of New Zealand. You and Alta Jewellery irrevocably submit to the non-exclusive jurisdiction of the courts and tribunals of New Zealand.
SECTION 23 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 24 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. If we make material changes that could disadvantage you, we will notify you in advance via the email address associated with your account or through a prominent notice on our website before the changes take effect. Your continued use of or access to our website or the Service following the implementation of those changes constitutes acceptance of the updated Terms.
SECTION 25 - CONTACT INFORMATION
Questions about these Terms of Service should be sent to us at alta.jewellery2024@gmail.com.
Questions about these Terms of Service should be sent to us at alta.jewellery2024@gmail.com.
Alternatively, you can contact us via our physical or mailing address:
[Insert Alta Jewellery Physical/Mailing Address, e.g., Auckland, New Zealand]
[Optional: NZBN / New Zealand Business Number: Insert here if applicable]
[Insert Alta Jewellery Physical/Mailing Address, e.g., Auckland, New Zealand]
[Optional: NZBN / New Zealand Business Number: Insert here if applicable]