Order Terms & Conditions

These terms apply to MARLII LAB bespoke, custom and made-to-order purchases, and to other orders where payment is made under a quote, invoice or staged payment arrangement rather than paid in full through the online store at checkout.

They should be read together with the commercial details in your accepted MARLII LAB quote or invoice. The quote or invoice sets the particular piece, price, stone, payment schedule and estimated timing. These master terms govern the broader order relationship and legal rights.

1. Order acceptance

An enquiry, design discussion or quote does not by itself create an accepted production order. Your order is accepted when MARLII LAB confirms acceptance after receiving the payment required by your quote or invoice, unless we agree otherwise in writing.

Before acceptance, quoted diamonds and gemstones remain subject to supplier availability. If a particular stone becomes unavailable before your order is accepted, we will let you know and, where appropriate, offer alternatives or return any payment received for an item we cannot supply.

2. Quotes, prices and stone availability

A quote is valid for the period stated on that quote. Loose diamonds and gemstones may have a shorter supplier hold period, which will be stated or explained where relevant. If the quote expires before the required payment is received, MARLII LAB may re-confirm or re-price the order to reflect current stone availability, precious-metal prices, gemstone costs or other material input costs before the order is accepted.

Once an order has been accepted, its agreed price will not be changed merely because our input costs later move, unless the client requests a change to the design or specification, or both parties agree to a variation in writing.

3. Payment

The payment schedule shown on your accepted quote or invoice applies. Unless MARLII LAB agrees otherwise in writing, production will not commence until the production commencement payment specified in your order documents has been received in cleared funds.

Where MARLII LAB offers staged payments, an earlier payment may secure the accepted order, quoted price or selected stone without necessarily commencing manufacture. Full cleared payment is required before the finished jewellery is dispatched, collected or otherwise released to the client.

If an amount becomes overdue, MARLII LAB may pause work, postpone dispatch or collection, and revise the estimated completion date by the period reasonably caused by the delay. We will contact you before taking further action.

4. Staged payment arrangements and lay-by

Some staged payment arrangements may meet the definition of a lay-by agreement under Australian Consumer Law. Where an arrangement is a lay-by, the statutory lay-by rules apply despite any inconsistent wording elsewhere in an order document.

In particular, a lay-by agreement must be provided in writing and be transparent. The consumer may terminate it at any time before delivery. Any termination charge must be expressly provided for and cannot exceed MARLII LAB’s reasonable costs in relation to the agreement. Amounts paid must be refunded less any termination charge lawfully payable. MARLII LAB may only terminate a lay-by in the circumstances permitted by law.

5. Bespoke and made-to-order nature of the work

MARLII LAB jewellery is often designed, sourced and manufactured specifically for the client. Once an order has been accepted, MARLII LAB may commit design time, workshop capacity, stones, precious metals and third-party costs to that order. This is why change-of-mind cancellation may involve reasonable costs, as explained below.

6. Design approval and variations

Where a design approval is required, production will be based on the design, dimensions and specifications approved by the client. Drawings, CAD images and renders are visual guides and may not reproduce every aspect of scale, texture, colour, hand finishing or the natural characteristics of a diamond or gemstone exactly.

If the client requests a change after approval or after production has begun, MARLII LAB will advise whether the change is technically possible and whether additional cost or time is required. No chargeable variation will proceed without agreement.

7. Diamonds, gemstones and handmade variation

Natural and laboratory-grown diamonds and gemstones can vary in dimensions, faceting, colour, inclusions and visual character. Antique-style and old-mine cuts in particular may show individual variation by design. Handmade jewellery may also show small, non-material variations from drawings or sample pieces. These characteristics are not faults where the final piece remains consistent with the agreed description and acceptable quality requirements.

8. Client-supplied stones, jewellery and materials

Where MARLII LAB agrees to work with a client-supplied stone, heirloom piece or other material, we may inspect it before accepting the work and may identify pre-existing wear, damage, inclusions or structural risk. We will take reasonable care while the item is in our possession.

MARLII LAB is not responsible for damage that results solely from a pre-existing defect, weakness or characteristic that could not reasonably have been avoided despite appropriate care and workmanship. This clause does not exclude liability that cannot lawfully be excluded, including obligations under Australian Consumer Law.

9. Ring size, engraving and client-provided information

The client is responsible for checking ring size, spelling, dates, engraving and other personalised information before final approval. If a remake, resize or alteration is required solely because information supplied or approved by the client was incorrect, additional costs may apply. We will explain and agree those costs before proceeding.

This does not affect rights relating to a piece that is faulty, does not match the agreed description or otherwise fails the consumer guarantees.

10. Estimated making times and delays

Any making or completion date provided before production is an estimate unless MARLII LAB expressly confirms in writing that a date is guaranteed. Bespoke production can be affected by stone sourcing, specialist workshop processes, supplier delays, shipping disruption and other matters outside reasonable control.

If a material delay occurs, we will contact you and provide an updated estimate. MARLII LAB may receive a reasonable extension for a delay caused by circumstances outside our reasonable control, but nothing in these terms excludes any right or remedy you may have if a delay amounts to a breach of an applicable consumer guarantee or other non-excludable legal obligation.

11. Client cancellation before delivery

If you wish to cancel an accepted bespoke or made-to-order purchase before delivery, please contact us in writing as soon as possible.

If the arrangement is not a lay-by, MARLII LAB may retain or recover the reasonable costs actually incurred or irrevocably committed to the order up to the date of cancellation. Depending on the stage of the work, those costs may include design work, a specially acquired or non-returnable stone, materials, workshop labour, specialist third-party work and other non-recoverable production costs. We will account for those costs and refund the balance of amounts paid, if any.

We do not apply an arbitrary percentage forfeiture simply because an order is cancelled. If the order is a lay-by, the lay-by rules in clause 4 apply instead, including the statutory limit on any termination charge.

12. Cancellation or suspension following non-payment

If a payment remains overdue, MARLII LAB may suspend production or withhold delivery. If a material payment breach continues after reasonable written notice and an opportunity to remedy the breach, MARLII LAB may terminate the order to the extent permitted by law.

Any amount retained or refunded on termination will be dealt with under these terms and applicable law. Where the arrangement is a lay-by, MARLII LAB’s right to terminate and the treatment of payments are governed by the statutory lay-by rules.

13. Delivery, collection, ownership and risk

MARLII LAB will not release finished jewellery until the full amount due for the order has been received in cleared funds.

Ownership passes to the client once MARLII LAB has received full payment and the piece has been delivered or collected. Risk of loss or damage remains with MARLII LAB until the piece is delivered to the agreed address or collected by the client, except where the client independently appoints their own carrier or agent, in which case risk may pass when the piece is handed to that carrier or agent as permitted by law.

14. Damage on delivery and faults

Please inspect your jewellery after delivery and contact us as soon as reasonably possible if it arrives damaged or you believe there is a fault. A prompt notification helps us investigate transit issues, but it does not reduce any rights that cannot lawfully be limited by a notification period.

Faults and remedies are handled in accordance with our Returns & Exchanges and Warranty policies and Australian Consumer Law.

15. Change-of-mind returns after delivery

MARLII LAB does not accept returns, exchanges or refunds after delivery for change of mind. This does not affect remedies available for faulty goods or any other non-excludable rights under Australian Consumer Law.

16. Intellectual property and design use

MARLII LAB retains its intellectual property rights in its original drawings, CAD files, renders, setting concepts and design materials. Clients are welcome to share their MARLII LAB design privately with a partner, family or friends.

The client must not provide MARLII LAB design materials to another jeweller or manufacturer for copying or commercial manufacture, or reproduce or commercially exploit those materials, without MARLII LAB’s prior written consent. This clause does not prevent the client from retaining ordinary records of their own purchase or exercising any legal right.

17. Australian Consumer Law

Nothing in these terms excludes, restricts or modifies a consumer guarantee, right, remedy or liability that cannot lawfully be excluded, restricted or modified. If these terms are inconsistent with a mandatory right under Australian Consumer Law, the mandatory right prevails to the extent of the inconsistency.

18. Governing law

These terms are governed by the laws in force in South Australia, Australia. This clause does not remove any right a consumer may have to bring a claim in another court or tribunal where applicable law permits.

19. Changes to these terms

The version of these terms in effect when your order is accepted will apply to that order. A later website update will not retrospectively change an accepted order unless the change is required by law or both parties agree to it.

20. Contact

MARLII LAB
ABN 54 641 805 544
191A Victoria Square
Adelaide SA 5000
Australia
Email: hello@marliilab.com
Phone: +61 435 783 101