Website Terms of Service

1. Acceptance of Terms

These Terms govern your access to and use of the Minskhi website, including browsing, account creation, online purchases, appointment bookings, and access to related services.

By accessing or using this Website, you agree to be legally bound by these Terms. If you do not agree, you must immediately cease using the Website.

2. Amendments to Terms

We may amend these Terms at any time without prior notice.

Revisions take effect immediately upon publication on the Website.

Your continued use of the Website constitutes acceptance of the updated Terms.

You are responsible for reviewing the Terms regularly.

3. Definitions and Interpretation

ACL means Australian Consumer Law.

Business Day means a day banks are open in Victoria.

Goods means jewellery, gemstones, accessories and related products.

Services means consultations, repairs, resizing, cleaning, certification facilitation and related services.

Order means a purchase request submitted via the Website.

We / Us / Our means Minskhi.

You / Your means the user of the Website.

Headings are for convenience only.

Words importing the singular include the plural and vice versa.

References to legislation include amendments and replacements.

The word “including” means “including without limitation”.

4. Website Access and Acceptable Use

You agree that you will not:

• Use the Website for any unlawful purpose
• Upload, transmit, or distribute malicious software, viruses, or harmful code
• Attempt to gain unauthorised access to any systems, accounts, or data
• Interfere with, disrupt, or compromise the security or functionality of the Website
• Harvest, collect, or use data without authorisation
• Misrepresent your identity or affiliation
• Engage in fraudulent, misleading, or deceptive conduct

We may restrict, suspend, or terminate access without notice where misuse is suspected.

5. Website / Technical Liability

To the maximum extent permitted by law:

• We are not liable for any indirect, incidental, special, or consequential loss
• We are not responsible for technical interruptions, errors, or system failures
• We do not guarantee uninterrupted or error-free access to the Website
• We are not liable for loss arising from unauthorised access, third-party interference, or cyber incidents

Where liability cannot be excluded under Australian Consumer Law, our liability is limited to the minimum extent permitted by law.

6. Accounts and Security

Where user accounts are offered:

• You must provide accurate, current, and complete information
• You must keep login credentials confidential and secure
• You are responsible for all activity conducted under your account
• You must not share access with unauthorised persons

We are not liable for loss arising from unauthorised account use.

You must notify us immediately of any suspected security breach.

7. Intellectual Property

All Website content including text, images, videos, designs, logos, trademarks, layout, and software is owned by or licensed to Minskhi and protected by intellectual property laws.

You may not copy, reproduce, distribute, modify, or commercialise content without written consent.

8. Product Information and Images

We take reasonable care to ensure accuracy.

However, you acknowledge that:

• Gemstones are natural and vary in colour, clarity, and inclusions
• Images are illustrative only
• Screen settings may affect appearance
• Weights and dimensions may vary slightly
• Natural characteristics are not defects

9. Certification, Treatment and Disclosure

Where certification, grading, or treatment information is provided:

• It is based on recognised laboratory reports and industry standards
• It is provided in good faith
• It reflects information available at time of sale
• We do not guarantee absolute consistency across laboratories

10. Investment and Resale Disclaimer

You acknowledge that:

• Gemstones and jewellery are not guaranteed investments
• Market value fluctuates
• Resale value is not guaranteed
• Appreciation is not assured
• No advice provided constitutes financial or investment advice

11. Orders and Contract Formation

The Website constitutes an invitation to treat.

Your Order constitutes an offer.

A binding contract is formed only when:

• We confirm acceptance; or
• Goods are dispatched

We may decline or cancel Orders due to:

• Pricing errors
• Stock unavailability
• Fraud suspicion
• System errors
• Breach of Terms

Refunds will comply with ACL.

12. Pricing and Payment

All prices are in AUD and include GST unless stated.

Prices may change without notice.

We reserve the right to correct errors.

Payments are processed through third-party providers.

We do not store full card details.

13. Delivery, Collection and Risk

Delivery options are displayed at checkout.

Timeframes are estimates only.

Risk passes upon delivery or collection.

Title passes upon full payment.

We are not responsible for courier delays beyond our control.

14. International Transactions (If Applicable)

Where international shipping is offered:

• You are responsible for customs duties and taxes
• Delays may occur
• Local laws apply
• We are not responsible for import restrictions

15. Promotions and Offers

All promotions are subject to our Promotional Terms & Conditions.

Unless stated otherwise, promotions:

• Are time-limited
• Apply to selected items only
• Are non-transferable
• Cannot be combined

16. Returns and Repairs

Returns are governed by our Refunds Policy.

Custom, engraved, resized, and bespoke items may have limited return rights.

Repairs and services are subject to separate terms.

17. Reviews, Feedback and Submissions

If you submit content:

• You warrant you own the rights
• You grant us a perpetual licence to use it
• You consent to modification and publication
• Attribution is not guaranteed

We may remove content at our discretion.

To the extent permitted by law, you waive any moral rights in such content.

18. Third-Party Links and Services

The Website may contain links to third-party websites.

We do not control or endorse third parties.

We are not responsible for their content or practices.

Access is at your own risk.

19. Privacy

Use of personal information is governed by our Privacy Policy.

By using the Website, you consent to such collection and use.

20. Disclaimer

To the maximum extent permitted by law:

• The Website is provided “as is”
• We do not guarantee uninterrupted access
• We exclude warranties not required by law

21. General Liability

To the maximum extent permitted by law, we are not liable for:

• Indirect loss
• Loss of profits
• Loss of opportunity
• Data loss
• Consequential damages

ACL rights remain unaffected.

22. Indemnity

You agree to indemnify Minskhi against all losses, claims, and expenses arising from your breach of these Terms, your misuse of the Website, or your unlawful conduct, except to the extent caused by our negligence.

23. Force Majeure

We are not liable for failure caused by events beyond our reasonable control, including:

• Natural disasters
• Pandemics
• Government restrictions
• Supply disruptions
• Technical failures

24. Severability

If any provision is invalid, the remainder remains enforceable.

25. Governing Law and Jurisdiction

These Terms are governed by the laws of Victoria, Australia.

You agree that any dispute arising in connection with these Terms or your use of the Website shall be subject to the exclusive jurisdiction of the courts of Victoria, Australia.