Xemplare Website – Terms & Conditions
Last Update - 20th May 2026
Thank you for choosing Xemplare.
Xemplare is a product brand of Zealcraft Pty Ltd (ABN 31 003 994 830) (Xemplare, us, we, our). The Xemplare website is owned and operated by Zealcraft Pty Ltd and is located in the domain at www. Xemplare.com.au (the Website) and includes all of the files located in that domain.
These Terms & Conditions govern the use of the Website, how we operate and what you can expect when purchasing our jewellery or loose diamonds (Products) from us and via links from our authorized partner retailers online.
Please read them carefully as by using our Website or placing an order, you agree to be bound by these Terms & Conditions which constitute a binding agreement between you and Xemplare (Agreement). Should you have any questions regarding our Products or have any issues with the Website please contact Xemplare at info@xemplare.com.
You warrant and represent that you have the legal right and ability to enter into legally binding agreements with Xemplare. You must be at least 18 years of age or have the consent of a parent or guardian to enter this Agreement and to purchase any Product from this Website.
Privacy Policy - your use of this Website is also subject to our Privacy Policy located at Privacy Policy - Xemplare which is incorporated by reference into this Agreement. By submitting personal information by visiting our Website, making a purchase, or interacting with us online, you agree all personal information is handled in accordance with our Privacy Policy.
Xemplare reserves the right to change these Terms & Conditions from time to time without notice. It is your responsibility to regularly check these Terms & Conditions for any changes made prior to your use of the Website or purchase of any Product.
How Our Process Works
You can access the Website and purchase our Products through:
1. Our authorised retail partner websites Store Locator - Xemplare (Referring Retailer)
2. Directly via our Website
When you click through a Referring Retailer link, a UTM link identifies the Referring Retailer.
If you arrive organically, (directly via Xemplare.com.au) you will be requested to select your preferred retailer after the checkout process and provide consent for Xemplare to share your details with your retailer of choice. This is not a mandatory requirement, and you may elect not to.
Both you and Your Referring Retailer or the selected retail partner will receive copies of:
• Order confirmation
• Payment receipts
• Shipment tracking
• Delivery confirmation
• Confirmation of the end of the money-back guarantee period (for Ready-to-Ship items)
If you arrived at the site organically, and you have elected not to select a retail partner then only you will receive the above communications.
Placing an order
To purchase a Product, please select it by placing it in the Website shopping cart. Your selection of a Product constitutes an offer by you to Xemplare to buy the selected Product on this Website (Order). All Orders are subject to acceptance by Xemplare and are subject to availability.
Payment Gateway
• Payments are securely processed through Shopify’s payment gateway.
• We accept all major credit cards supported by Shopify.
You may also wish to pay via a direct transfer to our bank account from your bank account, bank details are available at the checkout.
PayPal secure payment gateway - Shopify allows the third-party PayPal payment gateway provided by PayPal Australia Pty Limited (ABN 93 111 195 389) for its secure online payment transactions. Payments made through PayPal are subject to PayPal’s own terms and conditions and privacy policy, links to which are provided from the PayPal checkout pages. For more information about PayPal, see the PayPal website (http://www.paypal.com.au).
Unless you expressly consent otherwise, we do not see or have access to any personal information that you may provide to PayPal, other than information that is required in order to process your order and deliver your purchased items to you (e.g., your name, email address and billing/postal address and contact number.
Orders will not be dispatched until payment in full has been received and Xemplare is satisfied with the integrity of the Order.
We will email you an Order Confirmation for the sole purpose of confirming the details of your Order. Please note that our Order Confirmation does not constitute an acceptance of your offer or reflect the status of your Order in any way.
Fraud Prevention & Security (KYC)
For credit card transactions Xemplare may request the following on Order for fraud prevention and security reasons:
• Photo ID
• Proof of address
• Additional verification
Alternatively, you may wish to use the bank transfer option provided at the checkout.
Order Cancellation
• Orders may be cancelled within 24 hours at no cost.
• After 24 hours, Orders enter production or logistics and will be fulfilled.
Money-Back Guarantee
We offer the following money back guarantees on our Products:
Finished Jewellery – Ready to Ship Only
• 14-day money-back guarantee from date of delivery
• Refund is minus the outbound freight cost for Australia
• Refund will be made by the original payment method
For New Zealand the refund will less the outgoing freight fee and less the NZ customs clearance fees.
Returned items must be:
• In original, unworn condition
• Include all packaging, tags, paperwork
Any blemish or alteration voids the money back guarantee.
Loose Diamonds
• A 5% restocking fee applies
• Must be returned in original condition with all certificates
• Diamonds used in a custom Order are not refundable
• 14-day money-back guarantee from date of delivery
• Refund is minus the outbound freight cost for Australia
• Refund will be made by the original payment method
In addition, for New Zealand the refund will less the outgoing freight fee and less the NZ customs clearance fees.
Custom Orders & Modifications
Custom Orders are not eligible for the money back guarantee.
Custom-made jewellery is provided to the extent permissible by law as:
• Final sale
• Non-refundable
• Non-returnable
This includes:
• Bespoke designs
• Items altered in size
• Pieces where a loose diamond is incorporated
Any subsequent changes (e.g., resizing) may incur a fee.
Retail Pricing
• Prices are displayed in your local currency (shown in the top right corner) on the Website
• All prices update daily.
• Items placed in your cart are also subject to daily price updates.
Your Referring Retailer will receive commission for referring any purchases by you to us which is taken out of the price.
Special Offers & Promotions
Occasionally, Xemplare offers limited-time specials and promotions for their Products.
When the promotional period ends, prices revert to standard retail pricing.
Consignment
Xemplare does not supply Products on consignment.
All purchases require full payment at checkout.
Taxes & Duties
Australia
• Prices include GST
• Freight is calculated at checkout
New Zealand
• Prices include all duties, taxes and customs clearance fees
• Freight is calculated at checkout
All Other Countries
• Prices exclude duties, taxes, and freight
• Freight is calculated at checkout
• Local import duty and clearance fees may apply and will be levied by your local customs office.
Delivery & Lead Times
• Products marked Ready to Ship are dispatched within 48 hours.
• Non-Ready-to-Ship items are made to order.
• Estimated delivery time appears on the Product detail page under Delivery Information and in the check-out screen
• Tracking details are provided once the Product is shipped.
Please refer to Shipping and Delivery section on the Website for further details.
For each Order, you agree that:
(a) the Product will be delivered to the address you nominate in your Order (including if requested by you by email to your retail partner of choice for safe keeping until you are able to collect your Product from their store:
(b) Xemplare is not responsible for Products sent to an address incorrectly supplied by you;
(c) Xemplare is not responsible for Products you fail to collect from Zealcraft’s delivery agent or any third-party delivery depot such as a postal service or your retail partner of choice.
To the extent permissible by law and without limiting the operation of any other terms and conditions herein, Xemplare is not responsible for any loss or damage caused by late delivery or cancellation of an Order or a Product.
Insurance
Shipping Insurance
• All Australian and international shipments (FedEx) are insured by Xemplare until signed for by the customer.
• Return shipments (to us) must be insured by the sender until signed for by Xemplare or one of their representatives. If you are unable to arrange the insurance we can do it for you, please refer to the Shipping and Delivery section on the Website. Please advise us prior to the return shipment being made. This will then be deducted from the refund.
Product description and availability
We take all reasonable measures to ensure that details, measurements and descriptions of the Products shown on the Website are as accurate and complete as possible but there may be variations between these Products and the Products supplied for your Order. All lifestyle, jewellery images and jewellery videos on the Website are computer generated. As a result, there may be some variance particularly with coloured stones as to the exact hue and saturation as it presents on the Website versus in real life. This is also dependent on the type of screen or device being used to view the Website. In the loose diamond section of the Website, all images and video are the actual images and video of the selected stone. They are not modified or enhanced, only enlarged to see the detail more easily.
In the case of custom orders where Xemplare believe it is necessary; they will provide images of the actual gemstones for approval to the retailers and customers prior to manufacturing. All measurements (carat, dimensions, weights) follow internationally accepted gemmological standards.
Minor manufacturing tolerances may apply. We do not warrant that the Product descriptions are complete or error-free.
Ring Sizing & Resizing
• We offer complimentary sizing advice before purchase.
• Some designs have sizing limitations.
• Resizing after delivery may incur a fee.
• Incorrect sizing by the customer is not a manufacturing fault.
Please refer to our Size Guide - Size Guide - Xemplare
Risk and Title
• Title in each Product that you Order remains with Xemplare until Xemplare receives payment in full for the Product.
• Goods are at the customer’s risk once delivered.
• Goods sent to Xemplare (e.g., for repair or return) are at the customer’s risk until received by Xemplare.
Limited Liability
Without limitation to any other provision in these Terms and Conditions , Xemplare acknowledges that Schedule 2 of the Competition and Consumer Act 2010 (Cth) and the corresponding provisions of the relevant State and Territory fair trading acts (Australian Consumer Law) and other statutes that from time to time may imply warranties or conditions or impose guarantees or obligations upon Xemplare in relation to the Products and this Website cannot be excluded, restricted or modified except to a limited extent. If any such statutory provisions apply, then to the extent to which Xemplare is entitled to limit its liability under that statutory provision Xemplare’s liability shall be limited to any one or more of the following in its sole discretion:
(i) in the case of any good, the replacement or repair of the good, or the supply of equivalent goods, or the payment of the cost of replacing or repairing the goods or acquiring equivalent goods;
(ii) in the case of any service, the supply of the services again, or the payment of the cost of having the services supplied again.
Guarantee on Goods (Warranty)
Xemplare acknowledges that certain consumer rights will apply when buying products or services in Australia, including the “consumer guarantees” provided pursuant to the Australian Consumer Law. Nothing in these Terms & Conditions is intended to limit or otherwise exclude any such rights.
Mandatory Wording
If you are a “Consumer” under section 3 of the Australian Consumer Law, the following mandatory text applies:
“Our Goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Goods repaired or replaced if the Goods fail to be of acceptable quality and the failure does not amount to a major failure”
Xemplare reserves its right to repair or replace an item before offering a refund where permitted by law. Where a refund is offered to the Consumer, returns processed as a refund will be processed in the form of the original tender to the purchaser. For cash payments, returns will be processed via a wire transfer.
These guarantees do not apply if the item has been damaged through misuse, accidental damage, or if it has been altered or repaired by a third-party jeweller not authorised by Xemplare. In such cases, we will gladly assess the piece and, where possible, provide a quotation for repair or replacement.
All assessments and quotations will be provided prior to any work being undertaken
Terms of Use of Website
Your right to use the Website
The Website is only for your personal use or the use of our Referring Retailers.
As long as you comply with these Terms of Use, Xemplare grants you a non-exclusive, non-transferable, limited license to enter, display and use the Website. You agree not to interrupt or attempt to interrupt the operation of the Website in any way
Intellectual Property
In these Terms & Conditions, the term "Proprietary Content" means:
• this Website;
• all of its content (including all of the text, graphics, designs, software, data, sound and video files and other information contained in this site, and the selection and arrangement thereof); and
• all software, systems and other information owned or used by Xemplare in connection with the Products, and services offered through this Website (whether hosted on the same server as this Website or otherwise).
All Proprietary Content is the property of Xemplare or its licensors (as applicable) and is protected by Australian and international copyright laws. You must not reproduce, transmit, republish or prepare derivative works from any of the Proprietary Content, except as expressly authorised by these Terms of Use or with the prior written consent of Xemplare or other copyright owner (as applicable).
You may download and print out content from this Website only for your own personal and non-commercial use (unless you are a Referring Retailer providing customers with information for potential purchases via the Website), and provided that you do not remove or modify any copyright, trademark or other proprietary notices.
Trademarks
Xemplare logo and the phrase "Xemplare" are trademarks of Zealcraft Pty Ltd. The look and feel of this Website (including all button icons, scripts, custom graphics and headers) are the trademarks, service marks and/or trade dress of Zealcraft Pty Ltd. These trademarks, service marks and trade dress may not be used, copied or imitated, in whole or in part, without the prior written consent of Xemplare.
Your Responsibilities
You may only use this Website, and the Products for lawful purposes, in a responsible and co-operative manner, and in accordance with these Terms of Use.
Xemplare prohibits the use of the Website, for any of the following:
• transmitting or posting any message, information, data, text, software or images, or other materials (Material) that is unlawful, harmful, threatening, abusive, harassing, sexually explicit, defamatory, vulgar, obscene, libellous, hateful, racially, ethnically or otherwise objectionable or invasive of another’s right of privacy;
• impersonating any person or entity or to falsely state or to otherwise misrepresent your affiliation with a person or entity;
• posting or transmitting any content that you do not have a right to reproduce, display or transmit or that infringes the rights of any person, or entity;
• posting or transmitting any content that contains a virus or corrupted data;
• using any device, software, or routine that interferes with or attempts to interfere with the proper functionality of the Website that adversely affects the availability of the content on the Website to others;
• offering for sale or to distribute, exchange, modify or transmit any content or any information received from Xemplare and
• attempting to decipher, decompile, disassemble or reverse engineer any of the software that makes up this Website, or the content or for the purpose of creating derivative works from the Website.
To the maximum extent permitted by law, Xemplare and its officers, employees, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of this Website, or any of its content, and in particular do not represent, warrant or guarantee that this Website, the Products , or any of its content:
• will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;
• will meet your requirements or expectations; you should make your own enquiries and take independent advice tailored to your specific circumstances prior to making any decisions.
• The Website or on any third-party website referred or linked to in this site, is reliable, accurate, complete or up-to-date;
• errors or defects will be corrected; or
• this Website, or the servers that make it available are free of viruses or other harmful components. You are solely responsible for any damage to your computer systems or loss of data that results from your use of the Website.
Rights to your Material
You may choose to upload your own content to the Website (User Content) and includes any and all content that is submitted, posted or otherwise added to this Website by any user, such as comments, forum posts, chat room messages, reviews, ratings and feedback.
This Website contains some features that enable you and other users to upload User content. Xemplare reserves the right to display, refuse to display, remove and/or amend all or any part of any User Content at its absolute discretion. In respect of any User Content that you upload, you:
• represent and warranty to Xemplare that your sharing of that User Content does not infringe any copyright or other legal right of any other person; and
• grant to Xemplare a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable and transferable license to use, reproduce, distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform and otherwise exploit all or any part of that User Content in any way in our absolute discretion.
Indemnity
You agree to indemnify and keep indemnified Xemplare from and against any loss which Xemplare incurs or suffers as a result of any default by you in respect of these Terms of Use or of any negligent act or omission or fraud by you in connection with your use of the Website
Third-Party Links
This Website may contain links to other Internet sites on the World Wide Web. Xemplare provides such links for your convenience only and is not responsible for the content of any website linked to or from the Website (unless it is owned or published by us) or advertising or third-party materials on any page of the Website which promotes products or services to be supplied by a party other than Xemplare. We are not responsible for:
• Security of those websites
• Loss arising from use of those websites
Force Majeure
To the maximum extent permitted by law, and without limiting any other provision of this Agreement, Xemplare will not be responsible for delays or failure of performance resulting from acts beyond its reasonable control. Such acts shall include, but not be limited to, acts of God, strikes, walkouts, riots, acts of war, epidemics, pandemics, failure of suppliers to perform, governmental regulations, power failures, earthquakes, or other disasters. Xemplare shall be entitled to a reasonable extension of time for the performance of such obligations.
Entire Agreement
These Terms & conditions constitute the complete and entire agreement between you and Xemplare and supersedes all previous communications, oral or written, between us and in connection with the subject matter hereof. No representations or statements of any kind made by you or by Xemplare that are not expressly stated herein shall be binding on either you or Xemplare.
Dispute Resolution
The parties shall endeavour to settle any dispute arising out of or relating to this Agreement, including with regard to its existence, validity or termination, by mediation administered by the Australian Disputes Centre (ADC) before having recourse to arbitration or litigation. The mediation shall be conducted in accordance with the ADC Guidelines for Commercial Mediation operating at the time the matter is referred to ADC (the Guidelines). The terms of the Guidelines are hereby deemed incorporated into this Agreement.
Severability
In the event any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision shall be amended only to the extent necessary to make it enforceable, and the other provisions of this Agreement will remain in full force and effect.
Governing Law
This Agreement is governed by the laws of New South Wales, Australia. excluding its conflict of laws’ provisions and the United Nations Convention on Contracts for the International Sales of Goods.
