Terms of service
Effective date: 16 May 2026
These Terms of Service ("Terms") govern your use of the AGOVIA website at agovia.com.au, your purchase of any AGOVIA products, and the commissioning of bespoke pieces. By using our website, placing an order, paying a deposit, or commissioning a piece, you agree to be bound by these Terms.
AGOVIA reserves the right to update these Terms from time to time. The version in force at the time you place your order, commission a piece, or otherwise transact with us applies to that transaction.
1. Definitions and priority of documents
In these Terms, "AGOVIA", "we", "us", and "our" refer to the operator of AGOVIA (ABN 43 984 340 428). "You" refers to the client, customer, or website user. "ACL" means the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth), as applied in Victoria by the Australian Consumer Law and Fair Trading Act 2012 (Vic).
Where you commission a bespoke piece, our Bespoke Commission Terms and Conditions also apply. Where you hand over metal or client-supplied gemstones under our Alloy Exchange and Handover programme, our Alloy Exchange and Handover Terms also apply. If there is any inconsistency between these Terms and the Bespoke Commission Terms and Conditions or the Alloy Exchange and Handover Terms, the more specific document prevails to the extent of the inconsistency.
Our Privacy Policy, Returns and Refunds Policy, and Shipping Policy are incorporated into these Terms by reference.
2. Products, materials, and photography
AGOVIA jewellery is handmade in small batches or made to order using recycled precious metals and natural or, where specifically disclosed, laboratory-grown gemstones. Natural inclusions, tonal variations, and differences in colour, clarity, cut, and proportions are inherent characteristics of natural gemstones and recycled precious metals, and do not of themselves constitute a defect.
Photographs, videos, renderings, and product descriptions are provided as a guide only. Colour and appearance may vary depending on lighting conditions, screen calibration, and natural variation in materials. To the extent permitted by law, we do not warrant that the appearance of any piece on screen exactly matches the finished piece.
3. Orders and payment (ready-to-wear and website purchases)
You must provide complete and accurate contact, billing, and delivery information at the time of purchase. We may refuse or cancel an order where there is a reasonable suspicion of fraud, where stock is unavailable, where there has been a pricing or description error, or where any other lawful reason applies.
Unless otherwise agreed by us in writing, payment for ready-to-wear orders is required in full at checkout in Australian Dollars (AUD), including all applicable taxes and shipping fees displayed at checkout. We accept the payment methods listed on our website.
Title to the goods passes to you on receipt by us of cleared payment in full. Risk passes to you on dispatch in accordance with our Shipping Policy. Where a payment is reversed or subject to chargeback, we may suspend fulfilment, cancel the order, and recover any associated costs to the extent permitted by law.
4. Bespoke commissions (overview)
Bespoke commissions are made to order and are subject to our Bespoke Commission Terms and Conditions, which include detailed provisions on:
- Scope of the commission, design development, and approval stages (sketch, CAD, wax or mould, stone selection, casting, setting, and final piece).
- Quote validity, payment schedule, deposit, and balance terms.
- Variations, additional work outside scope, and re-quoting.
- Natural variance in gemstones and handmade variation in finished pieces.
- Client-supplied gemstones and the inherent risks of working with them.
- Production timelines and force majeure.
- Cancellations, deposit treatment, and frustrated contract principles under Part 3.2 of the Australian Consumer Law and Fair Trading Act 2012 (Vic).
By approving a commission in writing (including by email, signature, or any electronic acceptance) and/or paying a deposit, you agree to the Bespoke Commission Terms and Conditions in force at the time.
5. Handmade variation and artistic interpretation
Because our pieces are handmade, minor variations in finish, stone seating, prong structure, hand-finished surface texture, weight, and proportions may occur. Minor differences between approved visuals (including sketches, CADs, renderings, and reference photography) and the finished piece, where consistent with the approved specification and design direction, do not constitute a fault or a failure to meet a consumer guarantee under the ACL.
6. Gemstones — selection, client-supplied stones, and modification
Stone individuality. Natural gemstones vary in colour, tone, clarity, inclusions, cut, and proportions. We provide guidance on suitability, durability, and design compatibility. Where you approve a specific stone (by image, in person, or by description), you accept that stone's individual characteristics as part of the agreed specification.
Client-supplied stones. Where you supply a gemstone to us, you acknowledge it may have pre-existing inclusions, chips, fractures, or other vulnerabilities that may not be visible to the unaided eye. We will take reasonable care; however, some stones are prone to damage during cleaning, removal, or setting due to inherent characteristics. To the extent permitted by law, we are not liable for damage arising from these characteristics. The handover, intake recording, storage, and liability framework for client-supplied gemstones is set out in our Alloy Exchange and Handover Terms.
Care, storage, and insurance of client-supplied items. While client-supplied gemstones or jewellery are in our possession, we will store them securely and restrict access to authorised personnel. Unless otherwise agreed by us in writing, AGOVIA does not provide insurance for client-supplied items. You are responsible for arranging any insurance you consider appropriate. To the extent permitted by law, AGOVIA is not liable for loss of, or damage to, client-supplied items arising from events outside our reasonable control, including theft, fire, flood, building or studio incidents. Nothing in this clause excludes or limits any right or remedy you may have under the ACL or any other law that cannot be excluded.
Modification or refinement of stones. If a stone requires adjustment to suit a design (for example, minor repolishing, repairing, or reorientation), we will discuss this with you. Any material modification (including recutting, reproportioning, or altering a stone's shape) will only be undertaken with your written approval, where practicable. If a material modification becomes necessary unexpectedly during production (for example, due to a structural requirement identified mid-process), we will contact you as soon as reasonably possible to confirm available options and obtain instructions.
7. Shipping, delivery, and collection
Shipping, delivery, risk transfer, insurance, customs, and uncollected goods are governed by our Shipping Policy.
8. Returns, exchanges, and refunds
Returns, exchanges, and refunds are governed by our Returns and Refunds Policy.
Subject to the Returns and Refunds Policy and the ACL:
- Ready-to-wear pieces may be eligible for exchange or store credit only where returned in original condition within seven (7) days of delivery with our prior written approval.
- Bespoke, made-to-order, resized, engraved, altered, or otherwise personalised pieces are not eligible for return or refund for change of mind.
- Sample, sale, and discounted items are final sale.
Nothing in these Terms or our policies is intended to exclude, restrict, or modify any consumer guarantee, right, or remedy you have under the ACL or any other law that cannot be excluded.
9. Third-party opinions and assessments
We are not responsible for assessments or opinions offered by third-party jewellers, valuers, or other persons who were not involved in the design or production of the relevant piece. Such opinions do not override the approved specifications agreed between you and us, and do not of themselves establish a fault or a failure to meet a consumer guarantee.
10. Intellectual property and design ownership
All AGOVIA designs, including bespoke concepts, sketches, CAD files, renderings, models, wax or moulds, drawings, specifications, photography, and related materials remain the intellectual property of AGOVIA. Purchasing or commissioning a piece transfers ownership of the physical piece only.
You do not acquire any rights to reproduce, adapt, remake, or procure the copying of any AGOVIA design (in whole or in part) without our prior written consent. We retain the right to remake substantially similar designs for other clients and to include images of your commissioned piece in our portfolio, on our website, on social media, and in editorial submissions, unless you request otherwise in writing prior to dispatch.
11. Limitation of liability
To the extent permitted by law, AGOVIA is not liable for indirect, consequential, or special loss arising from your use of our website or your purchase or commission, including loss of profits, loss of opportunity, loss of data, or loss of business.
To the extent permitted by law, AGOVIA's total aggregate liability in relation to any order or commission is limited, at our option, to: (a) the repair of the piece, (b) the replacement of the piece, or (c) a refund of the amount paid for the piece. This limitation does not apply where the ACL provides otherwise.
Nothing in these Terms limits, excludes, or modifies any consumer guarantee, right, or remedy that cannot be excluded under the ACL or any other applicable law.
12. Force majeure
Neither party is liable for a failure or delay in performing its obligations (other than the obligation to pay money) caused by events outside its reasonable control, including acts of God, severe weather, fire, flood, pandemic, public-health restrictions, industrial action, supplier failure, carrier failure, war, civil unrest, government action, or interruption of utilities. The affected party will use reasonable efforts to mitigate the impact and resume performance as soon as reasonably practicable.
13. Resolving issues
If you have a concern about your order or commission, please contact us at hello@agovia.com.au as soon as reasonably possible, providing your order or commission reference, a description of the issue, and clear photographs (where relevant). We aim to assess concerns fairly and in good faith and to propose an appropriate resolution.
Where a dispute cannot be resolved between us, the matter may be referred to Consumer Affairs Victoria for conciliation or to the Victorian Civil and Administrative Tribunal (VCAT) where it has jurisdiction, or to the courts of Victoria.
14. Governing law and jurisdiction
These Terms are governed by the laws of the State of Victoria, Australia. You submit to the non-exclusive jurisdiction of the courts of Victoria and tribunals having jurisdiction in Victoria.
15. Severability and waiver
If any provision of these Terms is found to be unenforceable or invalid, that provision will be severed to the minimum extent necessary, and the remainder of the Terms will continue in force. A waiver of any right under these Terms is only effective if it is in writing and signed by AGOVIA.
16. Contact
Trading name: AGOVIA
Address: Suite 509/37 Swanston Street, Melbourne VIC 3000
ABN: 43 984 340 428
Email: hello@agovia.com.au
Website: agovia.com.au