Terms of service
TERMS & CONDITIONS
OVERVIEW
This website is operated by Gecko Gem Co. Throughout the site, the terms “we”, “us” and “our” refer to Gecko Gem Co.
Gecko Gem Co. provides this website, including the information, products, tools and services available through it, subject to your acceptance of these Terms & Conditions and any other policies referred to on this website.
By visiting our website and/or purchasing from Gecko Gem Co., you agree to be bound by these Terms & Conditions.
Please read these Terms carefully before accessing or using our website. If you do not agree with these Terms, you should not use the website or purchase products through it.
We may update or replace parts of these Terms from time to time by publishing changes on our website. Your continued use of the website following any changes constitutes acceptance of the updated Terms.
Our online store may be hosted and supported by third-party e-commerce and payment providers, including Shopify and associated payment services.
SECTION 1 – ONLINE STORE TERMS
By using this website, you confirm that you are legally capable of entering into a purchase agreement or have the permission of a parent or legal guardian where required.
You must not use our website, products or services for any illegal or unauthorised purpose.
You must not transmit viruses, malware, worms or other destructive or malicious code through our website.
We reserve the right to restrict or terminate access to our website where these Terms are breached.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse or cancel an order where reasonably necessary, including in cases of suspected fraud, payment issues, pricing errors, stock errors or misuse of our website.
You must not reproduce, duplicate, copy, sell, resell or exploit any portion of our website or its content without our prior written permission, except where permitted by law.
Headings contained within these Terms are provided for convenience and do not affect their interpretation.
SECTION 3 – ACCURACY OF INFORMATION
We make reasonable efforts to ensure information provided on our website is accurate and current.
However, occasional errors or omissions may occur, including in relation to product descriptions, mineral identification, dimensions, weights, availability, pricing and other information.
Where we become aware of an error, we reserve the right to correct it.
Nothing in this section limits any rights or remedies available to you under Australian Consumer Law.
SECTION 4 – PRICES & CHANGES TO OUR STORE
All prices displayed on our website are in Australian Dollars (AUD) unless otherwise stated.
Product prices may change without notice.
We reserve the right to modify, suspend or discontinue products, collections, promotions or other aspects of our website at any time.
Any changes will not affect rights already acquired by customers under Australian Consumer Law.
SECTION 5 – PRODUCTS
Many of the products sold by Gecko Gem Co. are individual natural crystals, minerals, fossils and stone specimens.
Where an individual piece is photographed, you will generally receive the specific piece shown unless the listing states otherwise.
For products sold from a group, batch or collection, the item received may naturally vary in colour, shape, pattern, inclusions, formation and size.
We make reasonable efforts to display our products accurately. However, colours may appear differently depending on lighting, photography, screens and device settings.
Measurements and weights may be approximate unless specifically stated otherwise.
Product availability is subject to stock levels, and we reserve the right to discontinue products or limit quantities.
SECTION 6 – NATURAL CHARACTERISTICS OF CRYSTALS & MINERALS
Crystals, minerals, fossils and natural stones are naturally formed materials and each specimen is unique.
Natural characteristics may include:
- Chips or small imperfections
- Indents, pits and cavities
- Natural fractures and fissures
- Rough or uneven surfaces
- Mineral inclusions
- Matrix material
- Colour variations
- Uneven formations
- Differences in transparency or clarity
- Natural texture and surface markings
These characteristics are generally part of the natural formation of the specimen and are not necessarily faults or transit damage.
Certain minerals may also be naturally soft, brittle, flaky or fragile.
We endeavour to photograph and describe significant characteristics where practical.
Your rights under Australian Consumer Law are not affected by this section.
SECTION 7 – CRYSTAL MEANINGS & METAPHYSICAL INFORMATION
Information provided by Gecko Gem Co. regarding crystal meanings, zodiac associations, spiritual properties, energy, protection, abundance, healing traditions or similar subjects is provided for general interest and informational purposes only.
These descriptions are based on traditional crystal beliefs and practices and are not presented as scientifically or medically proven effects.
Crystals and minerals are not intended to diagnose, treat, cure or prevent any medical or psychological condition and should not replace professional medical, psychological, financial or other professional advice.
SECTION 8 – ORDERS & PAYMENT INFORMATION
You agree to provide accurate and complete information when placing an order, including your name, email address, delivery address and payment details.
We reserve the right to cancel or limit an order where reasonably necessary, including where:
- A product is unavailable
- Incorrect pricing or product information has been displayed
- Payment cannot be processed
- Fraudulent activity is suspected
- An order appears to have been placed for unauthorised commercial resale
If we cancel an order after payment has been received, any amount owing to you will be refunded using the original payment method where possible.
SECTION 9 – SHIPPING & DELIVERY
Customers are responsible for providing a complete and accurate delivery address when placing an order.
Estimated delivery times are provided as a guide only and may be affected by postal carriers, weather, remote locations and other circumstances outside our reasonable control.
Where tracking is provided, customers are encouraged to monitor their shipment using the tracking information supplied.
If an order arrives damaged, please contact geckogemco@outlook.com.au as soon as possible and provide photographs of the parcel, packaging and damaged item.
Please refer to our Returns & Refund Policy for further information.
SECTION 10 – RETURNS & REFUNDS
Returns, refunds and remedies are handled in accordance with our Returns & Refund Policy and Australian Consumer Law.
Natural variations and characteristics inherent to crystals, minerals and natural stones are not necessarily considered defects.
Nothing contained in our Returns & Refund Policy or these Terms is intended to exclude, restrict or modify any consumer guarantee, right or remedy that cannot legally be excluded under Australian Consumer Law.
SECTION 11 – THIRD-PARTY SERVICES & TOOLS
Our website may provide access to services, payment processors, applications or tools operated by third parties.
Your use of these services may also be subject to the terms and privacy policies of those third parties.
To the extent permitted by law, Gecko Gem Co. is not responsible for the operation or availability of independent third-party services.
SECTION 12 – THIRD-PARTY LINKS
Our website may contain links to websites operated by third parties.
These websites are independent of Gecko Gem Co., and we are not responsible for their content, privacy practices, products or services.
Customers should review the terms and policies of third-party websites before purchasing products or providing personal information.
SECTION 13 – COMMENTS, REVIEWS & USER CONTENT
If you submit reviews, photographs, comments, feedback or other content to Gecko Gem Co., you confirm that you have the right to provide that content.
Content must not:
- Infringe another person's intellectual property rights
- Contain unlawful, defamatory, abusive or obscene material
- Contain malicious software or code
- Misrepresent your identity
- Contain knowingly false or misleading information
We reserve the right to moderate or remove content where reasonably necessary.
SECTION 14 – PERSONAL INFORMATION
Personal information submitted through our website is handled in accordance with our Privacy Policy and applicable Australian privacy laws.
Payment information may be processed securely by third-party payment providers and may be subject to their privacy and security policies.
SECTION 15 – ERRORS, INACCURACIES & OMISSIONS
Occasionally our website may contain errors relating to:
- Product descriptions
- Crystal or mineral identification
- Prices
- Promotions
- Shipping charges
- Availability
- Dimensions or weights
- Photographs or other product information
We reserve the right to correct errors and update information when identified.
Where an error materially affects an order already placed, we may contact you to discuss available options, including cancellation and refund where appropriate.
Nothing in this section limits your rights under Australian Consumer Law.
SECTION 16 – PROHIBITED USES
You must not use our website:
- For unlawful purposes
- To infringe intellectual property rights
- To harass, threaten or abuse others
- To provide deliberately false or misleading information
- To transmit malware or malicious code
- To collect personal information about others without authority
- To spam, phish, scrape or interfere with the operation of the website
- To circumvent website security measures
We reserve the right to restrict access where these conditions are breached.
SECTION 17 – INTELLECTUAL PROPERTY
Unless otherwise stated, the content displayed on the Gecko Gem Co. website — including photographs, product descriptions, graphics, branding, logos and written content — is owned by or licensed to Gecko Gem Co.
You must not reproduce or commercially use this content without our prior written permission, except where permitted by law.
SECTION 18 – DISCLAIMER & LIMITATION OF LIABILITY
We make reasonable efforts to maintain the availability and accuracy of our website but cannot guarantee that access will always be uninterrupted or error-free.
To the maximum extent permitted by law, Gecko Gem Co. will not be responsible for losses arising solely from circumstances outside our reasonable control.
However, nothing in these Terms excludes, restricts or modifies any consumer guarantee, statutory right or remedy that cannot lawfully be excluded or limited, including rights available under the Australian Consumer Law.
Where liability can legally be limited, our liability will be limited to the maximum extent permitted by law.
SECTION 19 – INDEMNITY
To the extent permitted by law, you agree to indemnify Gecko Gem Co. against reasonable losses, liabilities or expenses arising directly from your unlawful use of our website or your material breach of these Terms.
This section does not limit any rights you have under Australian Consumer Law.
SECTION 20 – SEVERABILITY
If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be severed or limited to the extent necessary without affecting the validity of the remaining provisions.
SECTION 21 – TERMINATION
These Terms remain effective while you use our website or services.
We may suspend or terminate access to our website where we reasonably believe a user has materially breached these Terms or is using the website unlawfully.
Any rights or obligations that arose before termination will continue where appropriate.
SECTION 22 – ENTIRE AGREEMENT
These Terms, together with our Returns & Refund Policy, Privacy Policy and any other policies expressly incorporated into them, constitute the agreement governing your use of our website and purchases from Gecko Gem Co.
Failure by Gecko Gem Co. to enforce a particular provision does not constitute a waiver of that provision.
SECTION 23 – GOVERNING LAW
These Terms & Conditions are governed by the laws of South Australia, Australia, together with applicable Commonwealth laws of Australia.
Nothing in these Terms restricts any rights available to consumers under Australian Consumer Law.
SECTION 24 – CHANGES TO THESE TERMS
We may update these Terms & Conditions from time to time.
The current version will be published on our website. Continued use of the website after updated Terms are published constitutes acceptance of those changes to the extent permitted by law.
SECTION 25 – CONTACT INFORMATION
Questions regarding these Terms & Conditions can be sent to:
Gecko Gem Co.
Email: geckogemco@outlook.com.au
ABN: 31 784 436 019