O’Neils Affiliated Pty Ltd and its affiliates provide their services to you subject to the following conditions. O’Neils Affiliated has a policy to supply only to bona fide members of the jewellery and related industries in Australia and New Zealand. It is the aim of O’Neils Affiliated to provide the most comprehensive range of coloured gemstones available in Australia with the best service at the best price.
When purchasing goods for re-sale from O’Neils Affiliated Pty Ltd, there are a few important items to note;
1.Minimum wholesale on account invoice is $20 +GST plus postage.
2. All items on this website are subject to GST all prices shown in AU$ and are exclusive of GST.
3. Goods remain the legal property of O’Neils Affiliated until paid in full.
4. Prices are subject to change without notice.
5. The sale of goods is subject to our standard Wholesale Terms of Trade as detailed below.
WHOLESALE TERMS OF TRADE
1. The following references will be accepted as:
Supplier, O’Neils Affiliated or OAGems, our, us or we refers to O’Neils Affiliated Pty Ltd ABN 56 143 922 810
Applicant, Buyer, Customer, you and your refers to the person/s as nominated on the Account Application document/Invoice/Statement/Web order.
Goods, Stock, and Orders refer to the supplier’s goods or services provided by O’Neils Affiliated Pty Ltd and invoiced (charged) to the Applicant.
Web Access Terms
To be approved for access to our website, applicants must be actively trading in the Jewellery Industry and if not already a customer on our database, will be required to supply proof of business in the jewellery trade. Once approved for access, web accounts are PAYG (unless a full credit account is already held with us). Web access for students studying approved Jewellery Trade Courses will be granted, but access will lapse at the end of each year and students will need to requalify to keep access.
Account Terms
New customers and web accounts are all C.O.D (pre-payment). Pre-payment invoices may be paid by EFT, credit card or direct bank deposit and are required before an order will be dispatched.
Orders can be placed on a 30 day account where approved. A completed, signed and approved credit application form is necessary before goods can be dispatched or collected on approval or credit terms. Please call for a credit application form or visit our website and click ‘credit application’ for a convenient online version of the application. Account customers are granted up to 30 day credit terms. Goods may not be returned for credit after 14 days without prior arrangement. Minimum invoice on account is $20+GST and postage, and all items must be $4+GST minimum value. Late payment of accounts may attract an account-keeping fee of $20 per month plus a 5% finance charge.
The Applicant understands that all or part of or in part of this Agreement may be deleted, altered and/or inclusions made without your prior consent and/or notification. We will notify you in writing where possible, but we are not bound by this Agreement to do so. A new Account Application is required for any change to your business ownership or business structure. O’Neils Affiliated may reject or refuse to accept an Account Application form without notifying cause or reason.
Non-Account Terms
Some customers may not wish to have a credit account, in these cases we are happy to supply on COD terms via Australia post, via Mastercard/Visa or direct bank deposit. Approval terms are sometimes available to non-account customers under certain conditions, and at the discretion of management. Minimum order value is $20+GST and postage, and all items must be $4+GST minimum value.
Approval Terms
We are happy to provide 7 or 14 day approval terms for most goods. Approval reminders are sent out automatically when the approval is due. Approval goods will not be accepted for return after 14 days without prior arrangement. Cubic Zirconia and synthetic stones are available on invoice only and not on approval terms. All items supplied on approval must be over $20 per item. Approvals that are invoiced will be dated from the original shipping/approval date. Occasionally, due to high demand, some individual gemstones may only be available on 7 day approval. Postage is payable on returned approvals.
Pricing and G.S.T
All prices are subject to change without notice. Please refer to your invoice or our website for current pricing. Our catalogues and price lists should be used as a guide only. Prices are quoted before freight charges and are exclusive of GST.
Order Acceptance and/or Refusal
We may accept or decline, in whole or in part, an order from you. Minimum product quantity is $4 +GST per stock item.
Order Cut-Off Times and Dispatch Schedule
Every attempt will be made for orders to be dispatched on the same day. To avoid any delays please place orders before 2pm Eastern Standard Time.
Most orders are dispatched within 24hrs of submission, however we endeavour to notify customers in the event of any unexpected delay.
Australian orders are shipped via express eParcel from our Melbourne Office. This method can be tracked and requires a signature.
Australian Deliveries
Every attempt will be made for orders to be dispatched on the same day. To avoid any delays please place orders before 2pm Eastern Standard Time.
Most orders are dispatched within 24hrs of submission, however customers will be notified in the event of any unexpected delay.
Orders are shipped via eParcel. This method can be tracked and requires a signature.
International Deliveries
We offer International eParcel to New Zealand, and FedEx in all other instances. If no delivery option is available to your country or destination, please contact us at [email protected] to discuss options.
Account on HOLD
We may refuse to send an order where your account falls outside your account terms. The order may be cancelled or be held until overdue amounts have been paid for.
Closure of an Account
We reserve the right to close your account, without notice and without reason. However, we will attempt to notify you in writing at a time practicable to us. Some reasons include, but are not limited to:
Your account is in default.
Improper trading practices.
Account inactivity
A history of continued late payments.
Providing to us false or misleading information.
Failing to advise changes to information given as per the Credit Application document.
If the business ownership changes.
Payment & Credit Terms (if offered)
Any amount shown on invoice or as per statement is payable by the customer without deduction, setoff or cross claim. Full total payable on any invoice is payable within 30 days from the date of the invoice. Offer of credit terms may be suspended beyond this date.
Your Liability
You are liable to us for all goods charged to your account, until paid in full.
Ownership of Goods
Ownership of goods passes to you at time of payment in full. We remain the owner of all goods covered by an invoice until you have paid in full the invoice value of those goods.
Return of Goods
O’Neils Affiliated is under no obligation to accept goods for return i.e. for replacement or credit, and may refuse to at our discretion and without reason.
ALL GOODS AND INVOICES MUST BE CHECKED ON ARRIVAL. ALL SHORTAGES, INCORRECT OR DAMAGED GOODS MUST BE NOTIFIED TO US WITHIN 48 HOURS OF RECEIPT, OTHERWISE CLAIMS WILL NOT BE RECOGNISED. NO RETURNS AFTER 14 DAYS UNLESS PRIOR ARRANGEMENT IS MADE.
Goods for return will not be accepted without prior arrangement and authorisation by management. All freight charges will be charged to the buyer unless otherwise waived by us.
Statements
We will forward a Statement of Account once a month only where there is a transaction or payment activity or where there is a balance outstanding on your account.
Payment Methods
The applicant acknowledges that O’Neils Affiliated accepts payments by means of:
Direct Deposit (Bank details on invoices and statements), Credit card - Visa, MasterCard, Bank Card via phone, or via our website.
How we apply Payments
We will apply payment against accounts according to your remittance advice (where viable) or the oldest debt if no remittance advice is provided.
Debt Recovery, Expenses and Disbursements
You agree to pay for all costs, disbursements and other expenses incurred by us in recovering or attempting to recover any amounts outstanding by you, including, but not limited to, fees incurred by our debt recovery agency, solicitor, sheriff, etc.
Breach
Any breach, of this agreement may lend cause for O’Neils Affiliated to suspend or forfeit credit facilities without notice and/or close your account. The customer may be required to trade on a PAYG basis, until, at the discretion of O’Neils Affiliated, credit privileges are re-instated.
Right to Vary Term of Trade.
We reserve the right to vary these terms and conditions at any time without notice.
ELECTRONIC COMMUNICATIONS
When you visit O’Neils Affiliated Pty Ltd or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of O’Neils Affiliated Pty Ltd or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of O’Neils Affiliated Pty Ltd and protected by international copyright laws. All software used on this site is the property of O’Neils Affiliated Pty Ltd or its software suppliers and protected by international copyright laws.
LICENSE AND SITE ACCESS
O’Neils Affiliated Pty Ltd grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of O’Neils Affiliated Pty Ltd. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of O’Neils Affiliated Pty Ltd. You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of O’Neils Affiliated Pty Ltd and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing O’Neils Affiliated Pty Ltd's name or trademarks without the express written consent of O’Neils Affiliated Pty Ltd. Any unauthorised use terminates the permission or license granted by O’Neils Affiliated Pty Ltd. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of O’Neils Affiliated Pty Ltd so long as the link does not portray O’Neils Affiliated Pty Ltd, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any O’Neils Affiliated Pty Ltd logo or other proprietary graphic or trademark as part of the link without express written permission.
YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. O’Neils Affiliated Pty Ltd does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use O’Neils Affiliated Pty Ltd only with involvement of a parent or guardian. O’Neils Affiliated Pty Ltd and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. O’Neils Affiliated Pty Ltd reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant O’Neils Affiliated Pty Ltd and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant O’Neils Affiliated Pty Ltd and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify O’Neils Affiliated Pty Ltd or its affiliates for all claims resulting from content you supply. O’Neils Affiliated Pty Ltd has the right but not the obligation to monitor and edit or remove any activity or content. O’Neils Affiliated Pty Ltd takes no responsibility and assumes no liability for any content posted by you or any third party.
COPYRIGHT COMPLAINTS
O’Neils Affiliated Pty Ltd and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, email us with your complaint.
RISK OF LOSS
All items purchased from O’Neils Affiliated Pty Ltd are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
PRODUCT DESCRIPTIONS
O’Neils Affiliated Pty Ltd and its affiliates attempt to be as accurate as possible. However, O’Neils Affiliated Pty Ltd does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by O’Neils Affiliated Pty Ltd itself is not as described, your sole remedy is to return it in unused condition and we will rectify the issue immediately. Images are made as colour-accurate as possible, however due to the quality and settings of monitors, tablets and smartphones, colour accuracy cannot be guaranteed to be uniform on all platforms
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY O’NEILS AFFILIATED PTY LTD ON AN "AS IS" AND "AS AVAILABLE" BASIS. O’NEILS AFFILIATED PTY LTD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, O’NEILS AFFILIATED PTY LTD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. O’NEILS AFFILIATED PTY LTD DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM O’NEILS AFFILIATED PTY LTD ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. O’NEILS AFFILIATED PTY LTD WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW
By visiting O’Neils Affiliated Pty Ltd, you agree that the laws of Australia, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and O’Neils Affiliated Pty Ltd or its affiliates.
DISPUTES
Any dispute relating in any way to your visit to O’Neils Affiliated Pty Ltd or to products you purchase through O’Neils Affiliated Pty Ltd shall be submitted to confidential arbitration in Brisbane, Australia, except that, to the extent you have in any manner violated or threatened to violate O’Neils Affiliated Pty Ltd's intellectual property rights, O’Neils Affiliated Pty Ltd may seek injunctive or other appropriate relief in any court in Australia, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of an independent arbitrator. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, posted on this site. These policies also govern your visit to O’Neils Affiliated Pty Ltd. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining
