(For All Orders Except Paid Upfront Orders Processed Through www.marliilab.com.au)
By placing an order with MARLII LAB, the client agrees to the following terms and conditions. These terms apply to all custom orders and any orders where payment is not made upfront through our online store.
1. Payment Terms:
- The client agrees that the full balance of the invoice must be paid before the goods are released by MARLII LAB to the client.
- A 70% payment of the total invoice amount is required prior to the commencement of production.
- If payment is to be made in instalments, a deposit of 30% of the total invoice amount is required at the time of placing the order. This deposit secures the order and the quoted price.
- The final instalment must be paid within 7 days of the final invoice date. Failure to pay within this period will result in a 10% interest charge per week on the outstanding balance, compounded weekly.
- MARLII LAB requires full payment before dispatching any goods. The client acknowledges that the 10% weekly interest charge reflects the interest charged to MARLII LAB by its workshop for delayed payments, and this cost is passed on to the client.
2. Non-Payment Consequences:
- If the final balance remains unpaid for 4 weeks from the final invoice date, MARLII LAB reserves the right to cancel the order.
- In such cases, MARLII LAB retains ownership of the goods, and the client forfeits any claim to them. Any payments made up to that point will be retained by MARLII LAB to cover costs incurred, including labour, materials, and administrative fees.
- Additional interest may be charged on overdue amounts until the goods are paid for in full or the order is cancelled.
3. Hardship Clause:
- If the client experiences financial hardship, they must notify MARLII LAB within 48 hours of receiving the invoice.
- At its sole discretion, MARLII LAB may grant leniency on payment terms. However, MARLII LAB is under no obligation to do so, and any agreed-upon leniency must be in writing to be enforceable.
4. Price Validity:
- The price specified on the invoice is valid for 2 days from the date of issuance.
- This price depends on the availability of diamonds and gemstones, which can only be held for a maximum of 24-48 hours due to supplier restrictions.
- If payment is not made within the specified period, MARLII LAB reserves the right to adjust the price based on significant fluctuations in the market prices of precious metals and gemstones. This ensures that high-quality materials are sourced at fair market rates.
5. Cancellation and Deposit Forfeiture:
- If the client cancels the order before production begins, 50% of the deposit will be forfeited to cover administrative and planning costs. Any remaining deposit will be refunded to the client within 14 business days.
- If the client cancels the order after production has begun, the entire deposit will be forfeited to cover the costs of labour, materials, and other expenses incurred by MARLII LAB up to that point.
- Any amounts paid towards the balance of the order (beyond the deposit) will be reviewed for possible refund based on the percentage of completion of the work and any resources already committed. This policy ensures compensation for the resources allocated to the production of the client’s custom piece.
- No refunds will be provided if the final instalment has not been made within the required time frame and the order is subsequently cancelled.
6. Ownership and Transfer of Goods:
- Ownership of the goods described in the invoice remains with MARLII LAB until the full balance has been paid.
- MARLII LAB reserves the right to retain possession of the goods until the client fulfils all payment obligations. This protects both parties and ensures that all financial terms are met before ownership is transferred.
7. Late Payment and Interest:
- If the final balance is not paid within 7 days of the date of the final invoice, MARLII LAB will apply a compounded interest charge of 10% per week on the outstanding balance. This interest will continue to accrue until full payment is made.
- MARLII LAB reserves the right to delay the dispatch or completion of the goods until full payment, including any accrued interest, is received.
8. Final Reminder and Right to Cancel:
- If the balance remains unpaid for more than 4 weeks after the final invoice date, MARLII LAB reserves the right to cancel the order and retain ownership of the goods. Any amounts paid towards the balance will be retained by MARLII LAB as compensation for production costs and lost revenue.
9. Force Majeure:
- MARLII LAB will not be liable for any delay or failure in performing its obligations under this agreement if such delay or failure is due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, strikes, supplier delays, or governmental actions.
- In such cases, MARLII LAB will notify the client of the situation, and both parties will agree on a reasonable extension or alternative solutions for delivery and payment.
10. Custom Design Approval:
- Custom designs created by MARLII LAB will require written approval from the client before production begins.
- Any requested modifications to the design after approval may result in additional costs and extend the production timeline, which will be communicated to the client in writing.
- Once approved, the design is final, and further changes may not be accommodated without additional fees.
11. Delivery Time Adjustments:
- MARLII LAB reserves the right to adjust the estimated delivery time due to unforeseen circumstances, including but not limited to delays caused by suppliers, shipping issues, or other external factors beyond our control.
- Should such a delay occur, MARLII LAB will inform the client promptly and provide a revised delivery date. The client agrees that no claims for compensation or cancellation can be made due to delays caused by such unforeseen circumstances.
12. Governing Law and Jurisdiction:
- These terms and conditions are governed by and construed in accordance with the laws of Adelaide, South Australia.
- Any disputes arising from this agreement will be subject to the exclusive jurisdiction of the courts in South Australia.
13. Client Responsibility for Accurate Information:
- The client is responsible for providing accurate ring sizes, custom engraving details, and any other necessary personalisations.
- MARLII LAB is not liable for errors resulting from inaccurate information provided by the client. Any adjustments or remakes due to such errors may incur additional costs.
14. Confidentiality of Designs:
- All designs created by MARLII LAB, whether completed or in progress, are the intellectual property of MARLII LAB.
- The client agrees not to share, distribute, or reproduce the designs without the express written consent of MARLII LAB. Any violation of this clause may result in legal action to protect MARLII LAB’s intellectual property rights.
12. Contact
For any questions regarding our Privacy Notice, please contact us
MARLII LAB
191A Victoria Square
Adelaide SA 5000
Email: hello@marliilab.com
