Terms & Conditions

All standard orders in Australia, unless requested otherwise by you prior to purchase, are sent without insurance but are sent with tracking.

While we do everything we can to ensure your order is delivered in a timely manner, we will not be liable for any loss or damage incurred by any person as a result of delay caused by our carrier that we have no control over or by any event which is out of our reasonable control or foresight including but not limited to any delay caused by an incorrect delivery address being provided to us.

All orders are carefully checked by us prior to dispatch. Insurance on delivery is available at an extra cost on all delivery services.

For non-delivery of goods, please notify us by email as soon as possible.

You must inspect your Kate & Kole piece immediately upon their arrival and if your piece is not in accordance with your order then please contact us within 2 days of receiving your Kate & Kole piece. If you fail to give such notice, your Kate & Kole piece may be deemed to be in all respects in accordance with your order.

This paragraph does not apply if your piece is subject to consumer guarantees imposed under the Australian Consumer Law — where consumer guarantees apply, refer to our Limitation on Claims (below).

All Kate & Kole orders (excluding bespoke) are shipped express via Australia Post.

Orders are processed Monday to Friday excluding public holidays.

Australia Post delivers within 1-4 business days depending on the location. You will receive an email notification with your tracking information once your piece is complete and being shipped to your delivery address.

Kate & Kole are not responsible for inaccurate deliveries caused by an incorrect delivery address being provided to us. Please ensure the details provided at checkout are accurate as Kate & Kole are unable to refund or replace orders that are delivered to the inaccurate address provided to us.

Our beautiful bespoke rings are sent directly to your nominated address. Bespoke jewellery pieces are both sentimental & high-value items by nature, they do require signature on delivery.

All our bespoke jewellery is covered under our insurance until it is received by you. We highly recommend personal insurance on bespoke pieces. Our recommendation is Q Report. You can get a custom quote through their website here: https://www.qreport.com.au/9662976

Kate & Kole covers taxes & import duties applied by United States customs.

Orders over A$2000 are insured.

Please note that in accordance with Australian Export Regulations, we declare the exact value of all items and identify the order as dutiable “merchandise.” As a business, we are also prohibited by law from identifying an order as a “gift” for export purposes.

Kate & Kole do not cover any additional taxes or import duties applied by customs at the destination country, both of which are considered the sole responsibility of the delivery recipient.

Please note that in accordance with Australian Export Regulations, we are required to declare the exact value of all items and identify the order as dutiable “merchandise.” As a business, we are also prohibited by law from identifying an order as a “gift” for export purposes.

Please choose carefully. As each of our pieces are made to order based on your specifications, we do not give refunds if you change your mind or make the wrong decision.

We are happy to accept an exchange on items if you change your mind if your product is returned to us within 7 business days of delivery. Please note that the cost of return delivery is to be paid by you.

Our liability for failure to comply with a consumer guarantee is limited to:

• the replacement of the goods or the supply of equivalent goods (or the payment of the cost of the replacement or supply); or
• the repair of the goods (or the payment of the cost of the repair), and we will determine, in our sole discretion, whether replacement or repair will be offered.

In all other respects, our total liability for loss or damage of every kind, arising out of or in relation to the supply of the goods, their sale, delivery or the way they behave, and whether in tort or contract or in any other cause of action, is limited to an amount equivalent to the sum paid by you to us for the goods.

Kate & Kole customers accept and agree to our estimated production times by purchasing one of our piece(s) online.

Our production timeframes do not include the time it takes to ship the order to the delivery address.

Whilst we do everything we can to ensure your order is delivered in a timely manner, we are not liable for any loss or damage incurred by any person(s) as a result of a delay caused by our shipping carrier that we have no control over, or by any event which is out of our reasonable control, or foresight including but not limited to any delay caused by an incorrect delivery address being provided to us.

We offer priority service, subject to eligibility requirements, to reduce production times on our pieces.

Please note that priority service does not reduce your shipping times and certain criteria must be met to be eligible for priority service.

Please contact us to see if your purchase is eligible for priority service.

When you provide us with your email address and opt in to electronic communications, you are opting in to receive email updates respect of news, promotions, cart and product reminders. Your consent to receipt of certain communications may be implied from the use of certain functional aspects of our service.

When you provide us with your mobile phone number and opt in to receiving SMS marketing communications, you are opting in to receive SMS updates respect of news, promotions, and product reminders.

If you wish to withdraw your consent from us sending you marketing communications, you can do this as follow:

• to withdraw consent for marketing emails - by clicking on the ‘Unsubscribe’ link in the email;
• to withdraw consent for marketing SMS - by following the steps provided in the SMS;
• by contacting us; go to the ‘GET IN TOUCH’ section of the footer of the website and ‘Contact Us’, continue to

Once we receive notification that you wish to withdraw your consent for receiving marketing communications, it may take up to 48 hours for your withdrawal to be reflected in our systems.

Please note you may still receive marketing communications during this period.

Please note it is not possible to unsubscribe from non-promotional (transactional) communications relating to your online orders or the operation of your account.

If you withdraw your consent for us to use and process your Personal Data for the Purposes or the Additional Purposes or for other purposes, we may no longer be able to provide you with the related products, services or benefits associated with our promotion.

T&Cs for the $1000 voucher competition, will sit at the bottom of the flow when someone clicks the below subject line will open up to the T&Cs:Subject line: Terms & Conditions | $1000 Voucher at Kate & Kole, we are dedicated to making every customer feel valued. To show our appreciation, we are offering a $1000 gift voucher to one lucky winner each month. By participating in the Kate & Kole giveaway, you agree to the following Terms and Conditions. The competition ends at midnight AEDT on the 9th of September, with the winner selected at random and notified via email from hello@kateandkole.com.auon the 10th of September AEDT. To qualify for the voucher, participants must be subscribed to both Kate & Kole’s mailing list and SMS list at the time of the draw.

1. General Information 1.1. These terms and conditions ("Terms") apply to the purchase and use of Kate & Kole gift cards ("Gift Cards"). 1.2. By purchasing or using a Gift Card, you agree to be bound by these Terms.

2. Purchase and Delivery 2.1. Gift Cards can be purchased online through our website or in-store. 2.2. Digital Gift Cards will be delivered to the email address provided at the time of purchase. 2.3. Physical Gift Cards can be shipped to the specified address or picked up in-store. 2.4. Kate & Kole is not responsible for Gift Cards that are lost, stolen, destroyed, or used without permission.

3. Redemption 3.1. Gift Cards can be redeemed online at Kate & Kole's website or in-store at our Newcastle showroom. 3.2. Gift Cards cannot be exchanged for cash or used to purchase other Gift Cards. 3.3. If the total amount of your purchase exceeds the value of the Gift Card, the remaining balance must be paid using an alternative payment method. 3.4. If the total amount of your purchase is less than the value of the Gift Card, the remaining balance will remain on the Gift Card for future use.

4. Validity and Expiry 4.1. Gift Cards are valid for 36 months from the date of purchase. 4.2. Any remaining balance on a Gift Card after the expiry date will be forfeited.

5. Balance Enquiries 5.1. You can check the balance of your Gift Card by contacting Kate & Kole customer service or visiting our website.

6. Refunds and Exchanges 6.1. Gift Cards are non-refundable and cannot be exchanged for cash. 6.2. Products purchased with a Gift Card are subject to our standard return policy.

7. Fraud and Abuse 7.1. Kate & Kole reserves the right to cancel any Gift Card if we suspect fraud or misuse. 7.2. Unauthorized resale or distribution of Gift Cards is prohibited.

8. Limitation of Liability 8.1. Kate & Kole is not responsible for any loss or damage resulting from the use or inability to use a Gift Card. 8.2. Our liability for any breach of these Terms is limited to the value of the Gift Card.

9. Amendments 9.1. Kate & Kole reserves the right to amend these Terms at any time. Any changes will be effective immediately upon posting on our website. 9.2. Continued use of the Gift Card constitutes acceptance of any amended Terms.

10. Governing Law 10.1. These Terms are governed by and construed in accordance with the laws of New South Wales, Australia. 10.2. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of New South Wales, Australia.

11. Contact Information 11.1. For any questions or concerns regarding these Terms or your Gift Card, please contact Kate & Kole customer service at info @ kateandkole.com.au

If a product is made to order and isn't held on the shelf, a 3 to 6 week waiting period can be expected.

If a product has been designed especially for you with custom alterations the sale is final. Please get in touch to find out if your product is in stock if you are not happy with the waiting period.

If you require your product urgently, please contact us to find out which rings we currently have in stock. If we have a piece of jewellery that is suitable we will be able to send it out to you express that same day.

Kate & Kole do not cover any additional taxes or duties applied by customs at the destination country and is the responsibility of the delivery recipient. Please note in accordance with Australian export regulations we are required to declare the exact value of all items and identify the order as dutiable “merchandise” and are prohibited by law from identifying an order as a “gift” for export purposes.

We strongly recommend that you consider obtaining independent insurance on all pieces of jewellery with precious stones to protect your investment in the event that you are not covered by our jewellery warranty that is set out below.

All precious stones are guaranteed for the first 6 months from the date of delivery (“Warranty Period”). If a precious stone falls out of the piece within the Warranty Period we will replace it for you. In order to claim this warranty, you must send an email to info@kateandkole.com.au with the following information:

• Email Subject: “Warranty Claim”;
• Provide a copy of your invoice or provide your order number;
• and Provide clear photographs of the precious stone and ring.

(“Warranty Claim”)

Once we have received your Warranty Claim, we will assess your claim within 10 business days and provide confirmation of the outcome of your Warranty Claim.

A Warranty Claim will be accepted if:

• the claim complies with the steps set out in 5(a);
• and the damage was not caused by misuse, abuse, fair wear and tear or unauthorised alterations or modifications.

If the Warranty Claim is outside of the Warranty Period we can work with you to organise a replacement stone and repair. If the piece and the precious stones has been damaged due to wear and tear we can work with you to replace the stone. Please note that any Warranty Claim outside of the Warranty Period will be dealt with on a case by case basis and in our discretion.

For our cast pieces we offer a 3 month warranty from the date of delivery on any breaks. In order to claim the warranty please follow the steps outlined above.

A Warranty Claim will be accepted if:

• the claim complies with the steps set out above;
• and the damage was not caused by misuse, abuse, fair wear and tear or unauthorised alterations or modifications.

To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded.

These terms of service are governed by the laws in force in New South Wales. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.