Terms of Service

OVERVIEW

This website is operated by LUCCÈ Diamonds ("LUCCÈ Diamonds", "we", "us", or "our"). Throughout this website, the terms "we", "us" and "our" refer to LUCCÈ Diamonds. By accessing our website or purchasing products from us, you agree to be bound by these Terms of Service ("Terms"), together with any policies referenced within these Terms, including our Privacy Policy, Shipping Policy and Returns Policy.

LUCCÈ Diamonds is an online fine jewellery business based in New Zealand, supplying customers throughout New Zealand and Australia. We specialise exclusively in lab-grown diamond jewellery crafted in solid 14k and 18k gold(yellow, white and rose gold).

Please read these Terms carefully before using our website or purchasing from us. By accessing any part of this website or placing an order, you acknowledge that you have read, understood and agreed to be bound by these Terms. If you do not agree with these Terms, you must not use this website or purchase our products.

We may update these Terms from time to time without prior notice. Any amendments will become effective immediately upon publication on this website. Your continued use of our website following any changes constitutes acceptance of those revised Terms.

SECTION 1 – ONLINE STORE TERMS

By using this website, you confirm that:

You are at least 18 years of age, or you have the consent of a parent or legal guardian to use this website.

All information you provide to LUCCÈ Diamonds is accurate and complete.

You are legally capable of entering into a binding agreement.

You agree not to use our website or products:

  • for any unlawful purpose
  • in breach of any applicable laws or regulations
  • to infringe the intellectual property rights of LUCCÈ Diamonds or any third party
  • to transmit malicious software, viruses or harmful code
  • to interfere with the operation or security of our website.

We reserve the right to suspend or terminate access to our website where we reasonably believe these Terms have been breached.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service, decline orders or cancel transactions at our sole discretion where permitted by law, including where we reasonably suspect fraud, misuse of our website, pricing errors or other circumstances that make fulfilment inappropriate.

Your content (excluding payment information) may be transferred over various networks to enable the operation of our website and services. All payment information is processed using secure third-party payment providers and is encrypted during transmission.

You agree not to:

  • reproduce
  • duplicate
  • copy
  • sell
  • resell
  • exploit
  • distribute; or
  • commercially use
  • any portion of our website, products, content, trademarks or services without our prior written consent.

The headings used throughout these Terms are provided for convenience only and do not affect their interpretation.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

While we make every reasonable effort to ensure information on our website is accurate, we do not warrant that all information is complete, current or free from errors.

Information published on this website is provided for general information only and should not be relied upon as the sole basis for purchasing decisions.

Product Photography

We make every effort to accurately display:

  • jewellery
  • gold colour
  • diamond appearance
  • proportions; and
  • finishes.

However, due to differences between monitors, mobile devices, browsers and lighting conditions, actual colours and appearance may vary slightly from those displayed.

Handcrafted Jewellery

Each LUCCÈ Diamonds piece is individually crafted.

Minor variations in:

  • finish
  • polish
  • dimensions
  • stone positioning
  • metal tone; or
  • handcrafted details
  • are natural characteristics of fine jewellery and do not constitute manufacturing defects.

Product Specifications

Carat weights, dimensions and product descriptions are approximate unless otherwise stated.

Lab-grown diamonds are individually graded and certified. Minor variations between diamonds of the same specification may naturally occur.

We reserve the right to update or correct website information at any time without prior notice.

SECTION 4 – MODIFICATIONS TO PRODUCTS, SERVICES AND PRICING

Prices displayed on our website are subject to change without prior notice.

We reserve the right to:

  • modify products
  • discontinue products
  • change specifications
  • withdraw promotions
  • alter collections; or
  • update pricing
  • at any time.

Where an order has already been accepted and paid for, pricing changes will not affect that order unless a genuine pricing error has occurred.

Pricing Errors

Although we take great care when publishing prices, errors may occasionally occur.

If a product has been listed at an incorrect price due to:

  • typographical error
  • technical malfunction
  • supplier pricing changes; or
  • administrative mistake,

we reserve the right to cancel the order before dispatch and provide you with the option to:

  • receive a full refund; or
  • purchase the product at the correct price.

We shall not be liable for any loss resulting from pricing errors.

SECTION 5 – PRODUCTS AND SERVICES

LUCCÈ Diamonds specialises exclusively in lab-grown diamond jewellery crafted in solid 14k and 18k gold.

Many of our products are individually handcrafted and made specifically for each customer.

Ready-Made Jewellery

Ready-made jewellery is available for immediate purchase.

Full payment is required at the time of checkout before dispatch.

Custom & Made-to-Order Jewellery

Custom and made-to-order pieces require:

  • a 50% non-refundable deposit before production commences; and
  • payment of the remaining balance before dispatch.

Production will not begin until the required deposit has been received.

LUCCÈ Diamonds reserves the right to withhold shipment until all outstanding balances have been paid in full.

Once production has commenced:

  • deposits are non-refundable
  • orders cannot be cancelled due to change of mind; and
  • design changes may incur additional charges or require revised production timeframes.

CAD Designs

Where CAD renders are supplied for approval:

  • customers are responsible for carefully reviewing the design
  • written approval constitutes acceptance of the design
  • any changes requested after approval may incur additional charges and production delays.

Diamond Certification

Where applicable, lab-grown diamonds supplied by LUCCÈ Diamonds include an independent grading certificate issued by a recognised gemological laboratory.

Certificates are provided solely for identification and grading purposes.

Availability

All products remain subject to availability.

If materials become unavailable or production cannot reasonably proceed, we may cancel the order and provide an appropriate refund where required.

Production Timeframes

Estimated production and delivery timeframes are provided as guides only.

While we endeavour to meet all estimated completion dates, delays may occur due to circumstances outside our reasonable control, including:

  • supplier delays
  • freight disruptions
  • customs processing
  • manufacturing delays
  • public holidays
  • force majeure events.

Estimated completion dates are not guaranteed and do not constitute contractual delivery dates.

Product Images

Product photographs, computer-generated renders and digital images are provided for illustrative purposes only. While LUCCÈ Diamonds makes every effort to accurately represent each piece, actual products may vary slightly due to lighting, photography, screen settings, handcrafted production methods and natural variations in materials. Images should not be relied upon as an exact representation of scale, colour or appearance.

Lab-Grown Diamonds

LUCCÈ Diamonds specialises exclusively in certified lab-grown diamonds. By placing an order, you acknowledge and agree that all diamonds supplied by LUCCÈ Diamonds are laboratory-grown unless expressly stated otherwise.

Availability

All products are subject to availability. In the event that a product, diamond or material becomes unavailable after an order has been placed, LUCCÈ Diamonds reserves the right to cancel the order and provide a full refund or offer a suitable alternative of equal or greater value.

Handcrafted Jewellery

Each LUCCÈ Diamonds piece is individually handcrafted. Minor variations in finish, polish, stone placement, metal tone, dimensions or overall appearance are natural characteristics of handcrafted fine jewellery and do not constitute manufacturing defects or faults.

SECTION 6 – ORDERS, PAYMENTS AND BILLING INFORMATION

By placing an order with LUCCÈ Diamonds, you confirm that all information provided, including your name, billing address, shipping address, email address and payment details, is accurate, complete and up to date.

We reserve the right to refuse, limit or cancel any order where we reasonably believe:

  • fraudulent activity has occurred
  • payment cannot be verified
  • incorrect pricing has been displayed
  • products are unavailable
  • an order has been placed by a reseller or commercial distributor; or
  • the order breaches these Terms of Service.

Should we cancel an order after payment has been received, we will notify you using the contact details provided and refund any amounts paid where appropriate.

Payment Terms

Ready-Made Jewellery

Full payment is required at the time of purchase before your order will be processed or dispatched.

Custom & Made-to-Order Jewellery

A 50% non-refundable deposit is required before production commences.

The remaining balance must be paid in full before dispatch.

LUCCÈ Diamonds reserves the right to retain possession of any completed jewellery until payment has been received in full.

Failure to pay the outstanding balance within a reasonable period after notification may result in storage fees, cancellation of the order or forfeiture of the deposit where permitted by law.

Currency

Unless otherwise stated, all prices displayed on our website are shown in the currency selected on the website.

Customers are responsible for any exchange rate differences, foreign transaction fees or charges imposed by their payment provider.

Taxes and Duties

Orders delivered within New Zealand include applicable taxes where required by law.

Australian customers may be responsible for any customs duties, taxes or import charges applicable under Australian law. LUCCÈ Diamonds is not responsible for delays or additional costs imposed by customs authorities.

Fraud Prevention

LUCCÈ Diamonds reserves the right to verify payment information, request additional identification, delay processing or refuse any order where fraudulent activity, unauthorised payment or suspicious activity is reasonably suspected.

Risk and Title

Ownership of all jewellery remains with LUCCÈ Diamonds until payment has been received in full.

Risk in the jewellery passes to the customer once the order has been delivered to the delivery address specified in the order and delivery has been confirmed by the courier through tracking records or a signature upon delivery.

Lost or Delayed Shipments

LUCCÈ Diamonds is not responsible for delivery delays caused by couriers, customs authorities, weather events, transport disruptions or circumstances beyond our reasonable control.

If a parcel is confirmed as lost in transit, LUCCÈ Diamonds will work with the courier and any applicable shipping insurer to determine an appropriate resolution.

Estimated delivery dates are provided as guides only and are not guaranteed.

SECTION 7 – OPTIONAL TOOLS AND THIRD-PARTY SERVICES

Our website may provide access to third-party services, applications or tools that are operated independently from LUCCÈ Diamonds.

These may include, but are not limited to:

  • payment gateways
  • financing providers
  • shipping providers
  • social media platforms
  • website analytics
  • appointment booking software; and
  • communication platforms.

These services are provided on an "as is" and "as available" basis.

We do not control these third-party services and accept no responsibility for:

  • their availability
  • accuracy
  • security
  • performance; or
  • privacy practices.

Your use of any third-party service is entirely at your own risk and subject to that provider's own terms and privacy policies.

LUCCÈ Diamonds may introduce additional services, features or tools in the future. Such features will also be governed by these Terms unless otherwise stated.

SECTION 8 – THIRD-PARTY LINKS

Our website may contain links to websites operated by third parties.

These links are provided solely for your convenience and do not constitute endorsement or approval by LUCCÈ Diamonds.

We are not responsible for:

  • the content of third-party websites
  • the accuracy of information published by third parties
  • products or services supplied by third parties
  • privacy practices; or
  • any transactions entered into between you and a third party.

You access third-party websites entirely at your own risk.

Any concerns regarding third-party products or services should be directed to the relevant provider.

SECTION 9 – CUSTOMER FEEDBACK, REVIEWS AND SUBMISSIONS

If you submit:

  • reviews
  • testimonials
  • photographs
  • feedback
  • suggestions
  • ideas
  • social media content; or
  • other materials

to LUCCÈ Diamonds, whether requested or voluntarily provided, you grant LUCCÈ Diamonds a non-exclusive, royalty-free, worldwide licence to use, reproduce, publish, edit and display that content for marketing, promotional and business purposes.

We are under no obligation to:

  • maintain submissions in confidence
  • compensate you for submissions; or
  • publish any submitted material.

You confirm that any content you submit:

  • is accurate
  • does not infringe another person's intellectual property rights
  • is not defamatory, misleading or unlawful
  • does not contain malicious software; and
  • does not violate any applicable law.

LUCCÈ Diamonds reserves the right to remove or refuse to publish any content that we reasonably consider to be inappropriate, offensive, misleading or unlawful.

SECTION 10 – PRIVACY AND PERSONAL INFORMATION

Your privacy is important to us.

Any personal information collected through our website is handled in accordance with our Privacy Policy and applicable privacy legislation.

LUCCÈ Diamonds collects personal information only for legitimate business purposes, including:

  • processing orders
  • providing customer support
  • arranging delivery
  • communicating regarding your order
  • providing warranty services
  • responding to enquiries; and
  • improving our products and services.

We take reasonable steps to protect personal information against unauthorised access, misuse, loss or disclosure.

By using our website, you consent to the collection, storage and use of your personal information in accordance with our Privacy Policy.

Nothing in these Terms limits your rights under the Privacy Act 2020 (New Zealand).

Where personal information is transferred to trusted service providers located outside New Zealand, LUCCÈ Diamonds will take reasonable steps to ensure that your information continues to receive an appropriate level of protection in accordance with applicable New Zealand privacy laws.

All content displayed on this website, including but not limited to product photography, computer-generated renders, CAD designs, jewellery designs, logos, branding, graphics, videos, text, product descriptions, website design and other materials, is owned by or licensed to LUCCÈ Diamonds and is protected by copyright, trade mark and other applicable intellectual property laws.

No content from this website may be copied, reproduced, modified, distributed, published, sold or otherwise used without the prior written permission of LUCCÈ Diamonds.

Unauthorised use of any intellectual property belonging to LUCCÈ Diamonds may result in legal action.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information on our website may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, specifications, availability, promotions, shipping costs or estimated delivery times.

LUCCÈ Diamonds reserves the right, at any time and without prior notice, to:

  • correct any errors, inaccuracies or omissions
  • update or amend product information
  • modify product specifications
  • revise pricing
  • cancel or refuse any order placed based on incorrect information.

Where an order has been placed before an error is identified, we will contact you as soon as reasonably practicable to discuss your options, which may include:

  • proceeding at the correct price
  • selecting an alternative product; or
  • receiving a full refund.

LUCCÈ Diamonds is under no obligation to update website information unless required by applicable law.

SECTION 12 – PROHIBITED USES

In addition to any other prohibitions contained within these Terms, you agree not to use this website or its content:

  • for any unlawful purpose
  • to breach any applicable laws or regulations in New Zealand, Australia or any other jurisdiction
  • to infringe the intellectual property rights of LUCCÈ Diamonds or any third party
  • to harass, abuse, threaten or intimidate another person
  • to upload malicious software, viruses or harmful code
  • to interfere with the security or operation of this website
  • to obtain unauthorised access to any part of our systems
  • to collect or misuse personal information belonging to others
  • to impersonate another person or misrepresent your identity
  • to engage in fraudulent or deceptive conduct
  • to use automated systems, bots, spiders or scraping software to access our website without permission
  • for any activity that could damage the reputation of LUCCÈ Diamonds.

Any breach of this section may result in the immediate suspension or termination of your access to our website, together with any other legal remedies available to LUCCÈ Diamonds.

SECTION 13 – WARRANTIES AND LIMITATION OF LIABILITY

LUCCÈ Diamonds strives to ensure that our website and services operate reliably. However, we do not warrant that:

  • our website will always be available
  • access will be uninterrupted
  • the website will be error-free; or
  • defects will always be corrected immediately.

Our products are supplied subject to any warranties required under applicable law.

Manufacturing Warranty

LUCCÈ Diamonds provides a 12-month manufacturing warranty from the date of delivery or collection.

This warranty covers manufacturing defects in workmanship and materials only.

The warranty does not cover:

  • normal wear and tear
  • scratches or surface marks
  • accidental damage
  • misuse or neglect
  • loss or theft
  • bent claws or settings caused by impact
  • damage caused by third-party jewellers
  • failure to follow recommended jewellery care instructions
  • resizing or repairs performed by anyone other than LUCCÈ Diamonds.

Where a valid manufacturing defect is confirmed, LUCCÈ Diamonds may, at its discretion:

  • repair the item
  • replace the item; or
  • provide another remedy required under applicable law.

Consumer Rights

Nothing in these Terms excludes, restricts or modifies any rights or remedies that cannot lawfully be excluded under:

  • the Consumer Guarantees Act 1993 (New Zealand)
  • the Fair Trading Act 1986 (New Zealand)
  • the Australian Consumer Law, where applicable.

Limitation of Liability

To the maximum extent permitted by law, LUCCÈ Diamonds shall not be liable for any indirect, incidental, consequential or special loss, including but not limited to:

  • loss of profits
  • loss of business opportunity
  • loss of revenue
  • loss of goodwill; or
  • loss arising from delays beyond our reasonable control.

Our total liability in relation to any claim shall not exceed the amount paid by you for the relevant product, except where otherwise required by law.

Jewellery Care

Fine jewellery is subject to normal wear over time. Customers are responsible for caring for their jewellery and should periodically inspect their jewellery to ensure settings remain secure.

LUCCÈ Diamonds recommends that all jewellery be professionally inspected and cleaned at least once every 12 months.

Stone Loss

LUCCÈ Diamonds is not responsible for the loss of diamonds or gemstones resulting from accidental impact, everyday wear, misuse, failure to maintain the jewellery, damage caused by third parties or failure to have the jewellery periodically inspected.

Independent Insurance

Customers are strongly encouraged to obtain independent jewellery insurance immediately upon delivery or collection.

LUCCÈ Diamonds accepts no responsibility for loss, theft or accidental damage occurring after delivery.

Complimentary Ring Resizing

LUCCÈ Diamonds offers one complimentary ring resize within 60 days of delivery or collection, provided the design is suitable for resizing.

Customers are responsible for all shipping costs associated with resizing unless otherwise agreed.

Certain designs, including full eternity bands and intricate settings, cannot safely be resized and may therefore be excluded from this service.

SECTION 14 – INDEMNITY

You agree to indemnify and hold harmless LUCCÈ Diamonds, together with our directors, employees, contractors, suppliers, affiliates and service providers, against any claims, losses, damages, liabilities, costs and expenses (including reasonable legal costs) arising from:

  • your breach of these Terms
  • your misuse of this website
  • your violation of any applicable law
  • your infringement of the rights of any third party; or
  • any information you submit that is inaccurate, misleading or unlawful.

This indemnity survives termination of these Terms.

SECTION 15 – SEVERABILITY

If any provision of these Terms is found by a court or tribunal of competent jurisdiction to be unlawful, invalid or unenforceable, that provision shall be severed from these Terms to the extent necessary.

The remaining provisions shall continue in full force and effect and shall remain valid and enforceable to the fullest extent permitted by law.

If any invalid provision can be modified so that it becomes valid and enforceable while preserving its original intention, that provision shall be interpreted accordingly.

Force Majeure

LUCCÈ Diamonds shall not be liable for any delay or failure to perform its obligations where such delay or failure results from circumstances beyond its reasonable control, including but not limited to natural disasters, earthquakes, floods, fires, pandemics, industrial disputes, supplier shortages, transport disruptions, customs delays, government actions, power outages or any other force majeure event.

SECTION 16 – TERMINATION

These Terms of Service remain in effect unless and until terminated by either you or LUCCÈ Diamonds.

You may terminate these Terms at any time by discontinuing your use of our website and services.

LUCCÈ Diamonds reserves the right to suspend or terminate your access to our website, cancel pending orders, or refuse future transactions where we reasonably believe that you have:

  • breached these Terms of Service
  • provided false or misleading information
  • engaged in fraudulent or unlawful conduct
  • abused or misused our website or services; or
  • acted in a manner that may cause harm to LUCCÈ Diamonds, our customers or our business.

Termination of these Terms does not affect any rights, obligations or liabilities that have accrued before the date of termination, including payment obligations for products already ordered or produced.

Any provisions of these Terms intended to survive termination, including those relating to intellectual property, warranties, limitation of liability, indemnity and governing law, shall continue in full force and effect.

SECTION 17 – ENTIRE AGREEMENT

These Terms of Service, together with our Privacy Policy, Shipping Policy, Returns Policy and any other policies published on our website, constitute the entire agreement between you and LUCCÈ Diamonds regarding your use of our website and the purchase of our products.

These Terms supersede all previous agreements, communications, negotiations and understandings, whether oral or written, relating to the same subject matter.

If LUCCÈ Diamonds chooses not to exercise or enforce any right or provision contained within these Terms, this shall not constitute a waiver of that right or provision.

Any waiver of any provision of these Terms shall only be effective if made in writing by LUCCÈ Diamonds.

SECTION 18 – GOVERNING LAW

These Terms of Service, together with any separate agreements under which LUCCÈ Diamonds supplies products or services, shall be governed by and construed in accordance with the laws of New Zealand.

Any dispute arising out of or relating to these Terms, your use of our website, or the purchase of our products shall be subject to the exclusive jurisdiction of the courts of New Zealand.

Where products are supplied to customers residing in Australia, nothing in these Terms is intended to exclude or limit any rights or remedies available under the Australian Consumer Law where that legislation applies.

SECTION 19 – CHANGES TO THESE TERMS OF SERVICE

LUCCÈ Diamonds reserves the right to amend, update or replace these Terms of Service at any time.

Any changes will take effect immediately upon publication on our website unless otherwise stated.

It is your responsibility to review these Terms periodically before placing an order or using our website.

Your continued access to or use of our website following the publication of updated Terms constitutes your acceptance of those changes.

The most current version of these Terms will always be available on our website.

SECTION 20 – CONTACT INFORMATION

If you have any questions regarding these Terms of Service, your order, or any aspect of our products or services, please contact us:

LUCCÈ Diamonds

Email: info@luccediamonds.nz

Business Location: New Zealand

Website: www.luccediamonds.nz (or your final website address once live)

ADDITIONAL IMPORTANT POLICIES

The following policies form part of these Terms of Service and should be read together with this document where applicable:

  • Privacy Policy
  • Shipping Policy
  • Returns & Exchange Policy
  • Warranty Policy
  • Ring Resizing Policy
  • Jewellery Care Guide

By placing an order with LUCCÈ Diamonds, you acknowledge that you have read, understood and agreed to these Terms of Service and any related policies published on our website.