Terms & Conditions for Custom Orders
Design Scope
A complimentary consultation of 1 to 3 hours is included in the custom jewellery design process.
Additional consultation time may incur a charge of $180 per hour at the discretion of Eli Speaks Jewellery, to compensate for extra design expertise and time.
A final design will be crafted and sent to the client for approval. Two rounds of alterations is included within the original scope of the piece.
A formal quote will be provided alongside the final design. Once accepted and after a deposit payment is made, no further changes can be made unless deemed necessary by Eli Speaks Jewellery for manufacturing or design improvement purposes. Any client-initiated changes at this stage may incur additional charges.
A deposit of 50% is required upon acceptance of the quote. The deposit goes towards design work, ordering materials, and reserving production time. The remaining balance is due upon completion of the piece, prior to delivery. Custom creations are not returnable, except in the case of major manufacturing fault.
Payment of the 50% deposit is deemed acceptance of the Full Terms & Conditions.
Client satisfaction is paramount; every effort will be made to accommodate requests throughout the design and quoting processes. However, once the project moves into manufacturing, additional alterations may not be possible.
Completion Dates
Estimated completion dates are estimates only and may change due to supplier delays or other circumstances beyond Eli Speaks Jewellery's control.
What You Will Receive
Upon completion and after the full payment is made, the client will receive the complete jewellery item in the agreed timeframe, presented in an appropriate box.
Relevant documentation, such as diamond grading certificates or valuations (if requested), will be included.
A take-home bag with cleaning instructions and other useful items.
Manufacturing Tolerances
As each item is individually made — by hand, and at times using casting or CAD — slight variations in dimensions, gemstone placement, metal weight, colour, and finish are inherent and do not constitute defects.
The Contracting Client, Ownership & Collection
The contracting client. Each custom order is placed by, and forms an agreement with, one named client — the person who accepts the quote and is responsible for payment — regardless of who the piece is intended for, who else is involved, or who makes any individual payment (including for separately invoiced gems or diamonds). All invoices for an order are issued under that one named client.
Sole customer. The Contracting Client is the sole customer of Eli Speaks Jewellery. Any spouse, partner, family member, or third party involved does so on behalf of the Contracting Client and does not become a party to this agreement.
Acceptance of terms. These Terms & Conditions must be read and accepted by the contracting client before any deposit is taken or materials and gemstones are ordered. Acceptance may be given in writing, including by email. Payment of the deposit constitutes deemed acceptance of these Terms & Conditions in full, whether or not separate written confirmation has been given.
Third-party payments. Eli Speaks Jewellery may accept payments from any person on behalf of the Contracting Client. Acceptance of payment from a third party does not confer ownership rights or entitlement to possession of the jewellery.
Ownership (title). Legal and beneficial title to the completed jewellery passes to the Contracting Client only upon full payment. Until then, the jewellery, and any gemstones or materials purchased for it, remains the property of Eli Speaks Jewellery.
Release of the piece. The completed piece will be released only to the named contracting client, or to another person nominated by that client in writing. Eli Speaks Jewellery will not transfer ownership of, or release, a piece on the instruction of any other party.
Competing claims. Eli Speaks Jewellery may refuse to release jewellery if there is uncertainty regarding the identity of the person entitled to receive it or if competing claims exist. Eli Speaks Jewellery shall not be liable for delays arising from such disputes.
Disputes. Where a dispute arises between parties as to who is entitled to a piece, Eli Speaks Jewellery will hold the piece safely and take no part in resolving that dispute; release will await the contracting client's written authority or a written agreement signed by all relevant parties. Eli Speaks Jewellery has no obligation to investigate competing claims or determine ownership.
Separately supplied or invoiced gemstones. Any separately invoiced diamond, gemstone, or material purchased for a custom order forms part of the same contract and shall not constitute a separate agreement, and is subject to the same ownership and release terms above.
Using Client-Supplied Gems and Precious Metals
A fee of $250 is required to process client-supplied precious metals into workable metal for re-design. This includes removing gems as needed. This fee compensates Eli Speaks Jewellery for the work involved; refunds will be determined according to applicable law.
Any surplus precious metal scrap provided by the client will be returned after completion. However, filings (precious metal dust) cannot be returned.
If a supplied precious metal is deemed unusable after two attempts of remelting and rolling, the client accepts responsibility for additional costs in purchasing fresh metals, with their own metals scrapped at the daily spot price. Clients may choose to abandon the project at this stage. The $250 melt and roll fee (which compensates Eli Speaks Jewellery for work already performed) is retained, and refunds will be determined according to applicable law. Any unused deposit already paid will be refunded. If materials such as gems or gold have been purchased, these items may not be refunded.
Gems supplied by clients. Eli Speaks Jewellery will exercise reasonable care when handling client-supplied gemstones. However, clients acknowledge that pre-existing flaws may cause stones to fracture during manufacture despite reasonable care. Every effort is made to ensure gems are suitable, properly handled, and securely set. Clients will be informed if a gem is considered high-risk (e.g., emeralds) and must accept the associated risks, including replacing the gem if it breaks. Eli Speaks Jewellery reserves the right to refuse gems deemed unsuitable.
Gems supplied by Eli Speaks will be replaced at Eli Speaks Jewellery's expense if lost or broken during manufacturing.
Warranty
Custom jewellery designs are covered for manufacturing defects for 10 years from the purchase date. All gems, including diamonds, are considered breakable and are not covered by this warranty unless a manufacturing defect occurred. Each case will be assessed individually.
Regular 1–2 yearly clean, polish and inspections by Eli Speaks Jewellery are required and recommended to ensure gem security. Failure to bring your item in every 2 years for maintenance checks will void any possibility of gem replacement due to loss. It is considered normal wear and tear for gems to become loose over time as claws wear away. This is not a manufacturing fault.
This warranty operates in addition to consumer guarantees under the Australian Consumer Law.
Overdue Balances & Uncollected Pieces
Balance due on completion. The remaining balance is payable in full within 14 days of the client being notified that the piece is complete, and in any event prior to collection.
Storage. Completed pieces awaiting payment or collection are stored securely by Eli Speaks Jewellery at no charge for a reasonable period. Risk of loss remains with Eli Speaks Jewellery while the jewellery is in its possession.
Prolonged non-payment. If the balance remains unpaid 90 days after completion, despite written reminders, Eli Speaks Jewellery reserves the right — after giving the contracting client 14 days' further written notice — to deal with the piece as necessary to recover amounts owing, including reworking or reselling it.
Application of sale proceeds. Where a piece is sold to recover amounts owing, the proceeds will be applied in the following order: (1) reasonable storage costs; (2) reasonable legal and recovery costs; (3) the outstanding debt owed to Eli Speaks Jewellery. Any remaining balance will be returned to the Contracting Client. Refunds of the deposit and any separately invoiced gemstone payments will be determined according to applicable law.
Intellectual Property
All custom designs remain the intellectual property of Eli Speaks Jewellery and may not be reproduced without permission.
Eli Speaks Jewellery retains ownership of all sketches, CAD files, renders, concepts, and design documents, regardless of whether the order proceeds.
Respectful Communications
Clients are kindly reminded to respect the jeweller's time and effort in realizing their custom jewellery item. Communications outside of standard business hours are not guaranteed a response, and the jeweller is entitled to time away from work demands.
Photography
Eli Speaks Jewellery may photograph completed work for portfolio and promotional purposes unless the Contracting Client requests otherwise in writing before collection.
Force Majeure
Eli Speaks Jewellery will not be liable for delays or failure to perform arising from events beyond its reasonable control, including supplier delays, natural disasters, pandemics, or other circumstances of force majeure. Where such an event occurs, timeframes will be extended by a reasonable period.
Australian Consumer Law
Nothing in these Terms excludes, restricts, or modifies any rights or remedies the client may have under the Australian Consumer Law or any other law that cannot lawfully be excluded.
Entire Agreement
These Terms and the accepted quotation comprise the entire agreement between Eli Speaks Jewellery and the Contracting Client.
Governing Law
These terms shall be governed by and construed in accordance with the laws of Victoria, Australia, and any disputes arising from this agreement shall be subject to the exclusive jurisdiction of the courts of Victoria, Australia.
Amendments
The version of these Terms accepted by the Contracting Client at the time of the order applies. Eli Speaks Jewellery may amend these Terms for future orders.