Terms of service

These Terms and Conditions (“Terms”) are a legally binding agreement between you (“you”, “your”, “customer”) and Bellari Australia (ABN 98 701 304 022), trading as Bellari (“Bellari”, “we”, “us”, “our”), of Westleigh, New South Wales, Australia. They govern your access to and use of the website at bellari.com.au and any related storefronts (the “Site”), and your purchase of any products offered for sale by Bellari (“Products”). By browsing the Site, creating an account, or placing an order, you agree to be bound by these Terms and by our Privacy Policy, Shipping & Returns Policy, and Warranty Policy (together, the “Policies”), each of which is incorporated into these Terms by reference.

If you do not agree, you must not use the Site or purchase Products from Bellari. Your rights under Australian law come first. Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy conferred on you by the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) (“ACL”) or any other law that cannot lawfully be excluded, restricted or modified. Where these Terms are inconsistent with that legislation, the legislation prevails. 

1. Changes to These Terms We may update these Terms at any time by posting the revised version on the Site. The version in force at the time you place an order governs that order. Your continued use of the Site after any update constitutes acceptance of the updated Terms. We recommend you review this page periodically.
2. Eligibility and Accounts You must be at least 18, or the age of legal majority where you live, to place an order, or you must be doing so with the involvement and consent of a parent or guardian. If you create an account, you are responsible for keeping your login details confidential and for all activity under your account. Notify us immediately at hello@bellari.com.au of any unauthorised use. Bellari is not liable for loss arising from your failure to safeguard your account. You warrant that all information you give us — including your name, contact details, billing information and delivery address — is true, current and complete. 
3. Products and Product Descriptions We take considerable care describing and photographing our Products, including carat weight, metal type, stone type (including moissanite and laboratory-grown diamonds) and dimensions. However: • colours, finishes and stone brilliance may appear differently across screens and devices for reasons outside our control; • many Products are handcrafted or made to order, so minor variation in stone placement, weight, finish or dimension between the pictured item and the item you receive may occur; • sizes, weights and measurements (including ring sizes and carat weights) are approximate unless expressly stated as exact; and • Bellari may update, correct or discontinue any description, image, specification or price at any time, without notice, and may limit the quantity of any Product available to any person or region. This clause does not affect your ACL rights if a Product you receive does not match its description or is not of acceptable quality.
4. Prices and Payment • All prices are in Australian dollars (AUD) unless another currency is selected on the Site, and include GST where applicable. • Prices, discounts and promotional codes may change at any time and do not apply retrospectively to orders already placed. • The price payable is the price shown at checkout and confirmed in your order confirmation email. • If a Product is listed at an incorrect price due to a typographical, technical or pricing error, we may, at our discretion, contact you to confirm whether you wish to proceed at the correct price, or cancel the order and refund any amount paid in full — whether or not the order was already confirmed. • Payments are processed by our third-party payment providers (including Shopify Payments and other supported gateways). Bellari does not store full payment card details. You warrant that any payment details you provide are accurate and that you are authorised to use the relevant payment method. • International customers are solely responsible for any customs duties, import taxes or other charges imposed by their destination country. These are not included in the purchase price or shipping cost. 
5. Orders and Acceptance Placing an order is an offer by you to purchase, which Bellari may accept or decline at its discretion. No contract is formed until we send an order confirmation email or otherwise confirm acceptance — an automated acknowledgement is not acceptance. We may decline to accept, or cancel, an order in whole or in part at any time before dispatch, at our discretion. This includes, without limitation, where a Product is unavailable, a pricing or description error has occurred, we suspect fraud or unauthorised activity, payment cannot be verified, the delivery address is one we do not service, or based on your order or account history with us. We are not required to provide a reason for declining or cancelling an order. Where payment has already been taken for a cancelled order, we will refund it in full. This clause does not affect any right you separately hold under the ACL. Because many Products are made to order and individually crafted after you order, please check engraving, sizing and stone selection carefully before submitting — we may be unable to accommodate changes or cancellation once production has started. Products are sold for personal use. You must not purchase Products for resale, commercial export, or in quantities inconsistent with ordinary personal use, without our prior written consent.
6. Shipping and Delivery Dispatch timeframes, delivery estimates, carriers and shipping costs for domestic and international orders are set out in our Shipping & Returns Policy, which forms part of these Terms. Delivery estimates are provided in good faith but are not guaranteed. Bellari is not liable for delays caused by matters outside our reasonable control, including carrier delays, customs processing, peak-period volume, or delivery details you provided incorrectly. Risk in a Product, including loss or damage in transit, passes to you on delivery to the address you provided (or on collection, if applicable). Title passes once we have received payment in full. You are responsible for providing a complete and accurate delivery address. Bellari is not responsible for orders delayed, misdirected or lost because of incorrect or incomplete delivery details you supplied.
7. Returns, Exchanges and Change of Mind Eligibility, timeframes and excluded items (such as customised, engraved and sale items) for change-of-mind returns and exchanges are set out in our Shipping & Returns Policy, which forms part of these Terms. Change-of-mind returns are offered by Bellari as a courtesy, in the form of an exchange or store credit, at our discretion and subject to that Policy. This clause does not limit any right you separately hold under the ACL, including where a Product is faulty or does not match its description. Customers whose orders are delivered within the European Union have a statutory right to cancel within 14 days without giving a reason, as set out in the Shipping & Returns Policy. All returns require prior approval from Bellari. Items returned without an approved request, or that do not meet the eligibility conditions in the Shipping & Returns Policy, may be declined and returned to you at your cost.
8. Warranty and Your Consumer Guarantees Bellari provides warranty cover as set out in our Warranty Policy, including a Stone Lifetime Warranty and a one-year warranty against manufacturing and material defects, subject to the exclusions and claims process in that Policy. The Warranty Policy forms part of these Terms. Consumer guarantees: our Products come with guarantees that cannot be excluded under the ACL. You are entitled to a replacement or refund for a major failure, and to compensation for other reasonably foreseeable loss or damage. You are also entitled to have a Product repaired or replaced if it fails to be of acceptable quality and the failure does not amount to a major failure. Nothing in our Warranty Policy, Shipping & Returns Policy, or these Terms limits or excludes any right or remedy you have under the ACL. Our warranty is provided in addition to, not instead of, those rights. Warranty assessments — including whether an issue is a manufacturing defect, ordinary wear and tear, or damage falling outside cover — are made by Bellari following inspection of the Product, acting reasonably and in accordance with the Warranty Policy.
9. Intellectual Property All content on the Site — including text, graphics, logos, product photography, video, design elements, the Bellari name and logo, and the overall look and feel of the Site — is owned by or licensed to Bellari and protected by Australian and international copyright, trade mark and other intellectual property laws. You may view the Site for your own personal, non-commercial use only. You must not reproduce, copy, modify, distribute, republish, frame, scrape, data-mine, or create derivative works from any part of the Site without our prior written consent. Nothing in these Terms transfers any intellectual property to you; all rights not expressly granted are reserved by Bellari.
10. Acceptable Use You must not use the Site to: • engage in unlawful, fraudulent or misleading conduct; • infringe our intellectual property or that of any third party; • upload or transmit viruses, malware or other harmful code; • attempt unauthorised access to the Site, our systems, or other users’ accounts; • scrape, crawl or harvest data from the Site by automated means without our consent; • interfere with the proper functioning of the Site; or • harass, defame or abuse Bellari staff or other users. We may suspend or terminate your access to the Site or your account, decline to process an order, or take any other reasonably necessary action, if we believe you have breached these Terms. We may also decline to accept future orders from a particular customer or account, at our discretion, including where we have previously experienced a dispute, misuse, or other issue with that customer or account. We are not required to disclose our reasons for doing so.
11. Reviews and Feedback If you submit reviews, testimonials, photos or other feedback (“Feedback”), you grant Bellari a perpetual, worldwide, royalty-free, sublicensable licence to use, reproduce, adapt, publish and display that Feedback for marketing and other business purposes, including on the Site and our social channels. You warrant that you own or hold the rights necessary to grant this licence and that your Feedback is not false, misleading, defamatory or unlawful.
12. Third-Party Links and Services The Site may link to third-party websites or services, including social media platforms and payment providers, that we do not own or control. We do not endorse and are not responsible for the content or practices of any third-party site. Use of a third-party site is at your own risk and subject to that party's own terms.
13. Limitation of Liability 13.1 Nothing in these Terms excludes, restricts or modifies any ACL guarantee, right or remedy that cannot lawfully be excluded, restricted or modified, including your rights in relation to a major failure of a Product. 13.2 Subject to clause 13.1, to the maximum extent permitted by law, Bellari excludes all liability for indirect, special, incidental or consequential loss or damage (including loss of profits, loss of opportunity, or loss of data) arising from or connected with your use of the Site or purchase of a Product, however caused, whether in contract, tort (including negligence) or otherwise, even where Bellari has been advised of the possibility of such loss. 13.3 Subject to clause 13.1, to the maximum extent permitted by law, Bellari's total aggregate liability arising from or connected with these Terms or your order, however caused, is limited to the amount you paid for the Product giving rise to the claim. 13.4 The Site and its content are provided “as is” and “as available”. To the extent permitted by law, we do not warrant that the Site will be uninterrupted, secure, timely or error-free.
14. Indemnity To the extent permitted by law, you agree to indemnify and hold harmless Bellari, its officers, employees, contractors and agents from any claim, loss, damage, cost or expense (including reasonable legal costs) arising from or connected with your breach of these Terms, your misuse of the Site, your violation of any law or thirdparty right, or any Feedback or content you submit.
15. Gift Cards and Promotions Gift cards issued by Bellari are not redeemable for cash except where required by law, do not expire unless the law requires otherwise, and may only be used to purchase Products through the Site. Bellari is not responsible for lost, stolen or misused gift card codes once redeemed. Promotional and discount codes are subject to any additional terms specified at the time of the promotion, may be withdrawn or amended by Bellari at any time before use, and cannot be combined unless expressly stated, applied retrospectively, or exchanged for cash.
16. Force Majeure Bellari is not liable for any failure or delay in performing its obligations under these Terms where that failure or delay results from circumstances beyond its reasonable control, including natural disasters, extreme weather, pandemic, industrial action, carrier or supply-chain disruption, or government action.
17.  Privacy Our collection, use and handling of your personal information is governed by our Privacy Policy, which forms part of these Terms. By using the Site, you acknowledge that you have read and understood it.
18. Resolving a Dispute If a dispute arises in connection with these Terms or your order, please contact us first at hello@bellari.com.au so we can attempt to resolve it directly. If we cannot resolve the matter within a reasonable time, either party may refer it to mediation before commencing formal proceedings, except where a party seeks urgent injunctive relief. This clause does not limit your right to pursue any remedy available to you at law, including under the ACL, through a court or a relevant consumer tribunal, at any time.
19. General Governing law: these Terms are governed by the laws of New South Wales, Australia. You and Bellari submit to the non-exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia. Severability: if a provision of these Terms is found void, illegal or unenforceable, it will be severed and the remaining provisions continue in full force. Waiver: a failure by Bellari to enforce any provision is not a waiver of that or any other provision. Assignment: you may not assign or transfer your rights or obligations under these Terms without our prior written consent. Bellari may assign or transfer these Terms, including in connection with a sale, merger or restructure of its business, without notice to you. Entire agreement: these Terms, together with the Policies they reference, constitute the entire agreement between you and Bellari regarding your use of the Site and purchase of Products, superseding all prior discussions or representations on that subject. Headings: section headings are for convenience only and do not affect interpretation.
20. Contact Us Questions about these Terms should be directed to: Bellari Australia, trading as Bellari ABN 98 701 304 022 Westleigh, NSW 2120, Australia