These are the terms of design services (“Conditions”) of Visionate Design Pty Ltd, registered in Australia (ABN 50 676 142 279). These terms apply to all purchases of Goods and Services within Australia when ordered via our website (www.visionatedesign.com) (our “Website”) or by email. Please read this document carefully before placing your order.

By placing an order via email, you confirm your unconditional acceptance of these Conditions.

By accepting the Terms of Design Services when confirming your order, you confirm your unconditional acceptance of these Conditions.

Please note: Not all items featured in our catalogue, on our Website, or in advertisements or fashion features are available through our Website. Certain categories of Goods and Services are not available for order via our Website, including Full Service Design, Bespoke, etc. Please consult our Website or contact us by email to check whether the Goods and Services are available via telephone or Website order.

We may change these Conditions from time to time. The latest version is always available on our Website. The Conditions posted on our Website at the time of placing your order are the ones that apply to your order.

These Conditions can be saved electronically or printed by all users of our Website. While they remain posted on our Website, these Conditions will apply to all transactions carried out via our Website and by email.

1.1 In these Conditions:

1.1.1 “Customer” means a customer who purchases Goods within the scope of his business or trade;

1.1.2 “you” means the Customer submitting an order for Services;

1.1.3 “Services”or “Design Services” means the Electronic Design Documents supplied under these Conditions;

1.1.5 “Party” means either you or us; “Parties” means you and us;

1.1.6 “Writing“ means letter, fax or email.

1.2 The contract for supply of Services (“Contract”) will be formed when we accept your order. Acceptance of an order by us can only be made in Writing. Once the Contract has been formed with you we will file it in paper copy for our records. All orders are subject to availability and purchasing limits may apply in some cases.

1.3 Orders may only be placed by Customers aged 18 and over. Orders will not be accepted if we have reason to believe that your order will mean you exceed applicable purchasing limits for the Goods or that you intend to resell the ordered Goods via an unauthorised distribution channel.

1.4 In deciding whether to accept your order we may carry out a credit check and then will only accept your order if we are satisfied with the results of such a check. You confirm that you agree to us carrying out such a check.

1.5 These Conditions and any matters referred to on our receipt form the entire understanding between you and us and supersede any prior promises, representations whether by statements or conduct (except where the representation was fraudulent) or undertakings.

1.6 Any omission or error in any sales literature, or in any advertisement whether in newspapers, magazines, on the Internet, via telephone call or otherwise or in any invoice or other document issued by us may be corrected by us without liability.

1.7 By accepting the Contract you confirm that you are a Customer in Australia.

1.8 We reserve the right to decline to accept an order for any reason, including if stock is unavailable, your order exceeds purchasing limits or we believe your order does not meet the requirements under clause 1.3 of these Conditions. In addition, we reserve the right to cancel orders where, after the order is accepted, we become aware that your order is in breach of these Conditions. If we decline or cancel your order under this clause, we will notify you and refund or re-credit you for any sum that has been paid by you or debited from your credit card for the Services.

Visionate Design Pty Ltd (ABN 50 676 142 279) whose registered in Australia (referred to in these terms as “we” or “us”).

Information on the range of Services sold via email order service or via our Website is available, with product references, on our Website. All orders are subject to availability. Personalised Goods and some of the Services may be ordered via email but not via our Website.

4.1 Orders of Services

4.1.1  Contact us by email “contact@visionatedesign.com” before placing an order and confirm whether the service you need requires a quote.

4.1.2 Orders can be placed via email or our Website. You will be responsible for all charges for connecting to our Website or bank transfer fees.

4.1.3 When placing an order on our website or by email, you will need to send your design service requirements in writing by email or upload on our website and confirm that the information is complete and accurate. All services will be provided entirely based on the information you provide. We do not assume any responsibility for any design errors caused by incomplete information, omissions or errors.

4.2 Orders via our Website:

4.2.1 Orders can be placed through the Australian section of our Website. You will be responsible for paying any costs of connection to our Website.

4.2.2 The Terms of Use applicable to the Website will apply in respect of any order placed through the Website.

4.2.3 We try to ensure that the information posted on the Website is correct and up-to-date. We reserve the right to change or make corrections to any of the information provided on this Website at any time and without any prior warning. We cannot, and do not, guarantee the correctness, precision, thoroughness or completeness of any of the information available on this Website, nor will we be liable for any inaccuracy or omission concerning any of the information provided on this Website. All images, illustrations and descriptions of the goods are for information only and you are advised to contact our Client Services team for further information about the goods.

4.2.4 To the maximum extent permitted by law, we make no representation or guarantee that this Website will be free from loss, destruction, damage, corruption attack, viruses, interference hacking or other security intrusion and we disclaim any liability relating thereto. We do not give any warranty for the accuracy, suitability, reliability, completeness, performance, fitness, freedom from viruses or timeliness of the content or services contained on our Website.

4.2.5 We will not be responsible for any damages (including without limitation loss of profit or loss of use) arising out of your use or delay or inability to use our Website, its content or any link to another website arising in contract, tort (including negligence) or otherwise, except to the extent any damages arise due to the negligence, wilful misconduct or breach of these Conditions by us.

4.2.6 When placing an order on our Website, you will be required to complete certain required fields on an order form. All steps necessary for placing an order are detailed on our Website.

4.2.7 In the event prolonged inactivity causes your connection to our Website to fail, your selection of Services may be lost. In such case, you will be required to re-enter your selection.

4.2.8 Before you submit your order, you will be given the opportunity to review your selection, check the total price of your order and correct any input errors. All information on our Website is an invitation to treat only and is not an offer or unilateral contract. Your order represents an offer by you to purchase the Services. We will acknowledge receipt of your order without delay by sending a confirmation email. Please note however that such confirmation email does not constitute acceptance of your order.

4.2.9 The sale will only be binding on us once we have notified you that the order is accepted and the goods have been dispatched by us. This means that if Services are shown on our Website but are not available or are incorrectly priced or otherwise incorrectly described, we shall not be obliged to sell you such Goods.

5.1 The price of the Service you order will be notified to you by email before you place your order or shown on the Website before you confirm your order. All prices are in Australian dollars (AU$) and inclusive of GST (except where otherwise stated on our Website or notified to you by email).

If an error is found in the price of Services you have ordered, we will inform you as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling your order. If you cancel, we will refund or re-credit you for any sum that has been paid by you or debited from your credit card for the Services.

5.3 You must pay to us any amount (“GST Amount”) which is payable by us on account of a services tax, value added tax or any other similar tax (“GST”) as a consequence of any supply made or deemed to be made or other matter or thing done under or in connection with these Conditions. The GST Amount must be calculated by multiplying the amount on which the GST is calculated by the prevailing rate of GST. You must pay any GST Amount at the same time and in the same manner as making any payment on which the GST Amount is calculated. You must pay any amount you are required to pay under this clause in full and without deduction.

6.1 You must pay for the Services prior to their dispatch to you. Payment must be in Australian dollars (AU$). Payment methods acceptable to us (depending on whether you place your order on our Website or by email) are debit card, credit card, bank transfer and PayPal (payment can be made via Payment Link and Pay by Link). The following credit cards are accepted: Visa, MasterCard and American Express.

6.2 Your credit card will be debited at the time the order is prepared, except in relation to Personalised Goods, in which case your credit card will be debited at the time that your order is received by us. You must confirm to us the name which appears on the credit card to be debited, give the card number and the expiry date as shown on the front of the card, as well as the security code on the reverse of the credit card. We undertake to keep this information strictly confidential.

6.3 In order to counter Internet fraud, payments through our Website will be managed on-line with banking organisations which are third parties and which may be based outside Australia. These companies will be responsible for holding and automated handling in a secure environment the information relating to each order, including bankcard details.
We have also contracted with third party service providers to put in place a screening system to deter credit card fraud. As a result, your personal data (including name, email address, delivery details, telephone number, details of the order placed, credit card details) will be disclosed and used by these companies exclusively for the purposes of providing fraud screening services to us and to its own customers. We reserve the right to not accept any orders where we deem the risk of fraud to be too high.
We reserve the right to put in place additional/other payment security system(s) from time to time.

6.4 To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these terms and conditions, you consent to such checks being made. In performing these checks, personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Privacy Act 1988.

6.5 In the event that the sum due from you has not been debited for whatever reason (including, without limitation, stopped payment, refusal by the issuer of the card, or technical failures), the sale will be cancelled immediately. In the event that the Services have already been dispatched to you, you will remain responsible for payment and we reserve the right to process your payment at a later time or require payment via an alternative payment method.

6.6 The maximum authorisation hold period varies depending on your payment method. These time periods are determined by your issuing bank and may change from time to time.

Note: The following terms apply exclusively to Full Service Design. Different terms apply to other services.

Summary of Cooperation Models
Copyright License Model: A cooperation model where the copyright of design works is “rented.”
The trustee develops products based on the needs of the client’s customers and the client’s specific requirements, with the copyright of the design works belonging to the trustee. The client may use the design works for commercial purposes within Australia for a specified period, but must produce them through the trustee. Once the license expires, the client may no longer use the design works.

Copyright Transfer Model: A cooperation model where the client fully owns the copyright of the design works.
The trustee develops products according to the needs of the client’s customers and the client’s requirements and presents the confirmed design works to the client in the form of product samples. The client then permanently owns the copyright to the design works.

7.1 List of Terms:

Set Design: A collection of design works, consisting of 3 (three) design works, all derived from 1 (one) design element;
Collection Design: A collection of design works, consisting of 10 (ten) design works, derived from no more than 3 (three) design concepts and 1 (one) design element.

7.1.1 Copyright License:

a. The license fee for each set or collection is paid monthly as per the agreed rate, with a minimum term of 2 years (24 months);b. The copyright of the designated design works and their samples remains with the trustee;c. The client may not claim, modify, or alter the author of the designated design works;
d. The client may not modify or extend the design works without permission;
e. The client may not acquire any intellectual property rights of the design works without authorization;
f. The client may not entrust a third party to produce the designated design works;
g. The client may not authorize a third party to use the designated design works for commercial purposes;
h. Upon license expiration, the client has the option to renew the license, with a minimum renewal of one set;
i. Three months after the license expires, the client must cease all commercial activities related to the design works;
j. During the license period, the trustee may not authorize any third party to use the design works for commercial purposes;
k. During the license period, the trustee may use the design works for its own brand promotion;
l. If the client does not renew after the license expires, the trustee regains all copyright to the design works.

7.1.2 Copyright Transfer:

a. The copyright transfer fee for each design collection is paid in full as per the agreed price;
b. The client fully owns the copyright to the designated design works;
c. The trustee retains the right to sign, modify, publish, and protect the integrity of the design works and their samples, and may use them for brand promotion;
d. The trustee may not authorize any third party to use the design works for commercial purposes.

7.2 Payment:

7.2.1 Copyright license fees must be fully paid before starting any product-specific services;

7.2.2 For copyright transfer, a deposit covering 80% of the total fee must be paid before beginning the product-specific services;

7.2.3 Production costs must be paid according to the “Production Confirmation Form” before starting the designated production work;

7.2.4 Any logistics costs incurred during the production process must be covered by the recipient;

7.2.5 All copyright-related and production costs include applicable taxes.

7.3 Final DraftThe client holds the final approval rights for the designated design works.

7.4 Design Cycle

The design cycle starts from the date the “Design Requirements Form” is confirmed by both parties until the trustee submits the first draft of the design works. The standard design cycle is 15 working days for each Set, and 45 working days for each Collection.

7.5 Design Modifications

The trustee provides up to 3 modifications for each designated design work before the client finalizes it. Each modification takes up to 10 working days, and the modification time is not included in the standard design cycle.

7.6 Sample Production Service Standard

Samples are based on the finalized design work. After finalization, the sample production does not allow for further design modifications.
Supplementary Fee for Sample Production: The standard sample materials are silver, zircon, and artificial gemstones. If the client requires other materials, an additional fee will be charged as per the material prices listed in the “Plate Making Confirmation Form.”

7.7 Quality Inspection Requirements
The trustee will follow the quality inspection requirements provided by the client. If no written requirements are provided, the trustee will follow its own inspection standards.

7.8 Confidentiality

7.8.1 The client must not disclose the cost details of product-specific services to third parties;

7.8.2 The client may not publicly claim that the trustee is its design company, studio, or designer without authorization.

8.1 We don’t offer collect service. Unless your order is cancelled in accordance with these Conditions, the Services you order will be delivered during normal business hours once payment has been confirmed to the email address which you give to us when you place your order. Please ensure you check the email address is correct before placing your order. Delivery will be made by express courier. 

8.2 No delivery will take place unless payment for the Service has been received. Every effort will be made to deliver the Service as soon as possible after your order has been accepted. Any delivery date or time specified by us is a best estimate only and we will not be responsible for any loss or damage suffered by you through any reasonable or unavoidable delay in delivery. We will aim to deliver the CAD, rendering and animation services within 5 working days (except for complex requirements and special agreements, Full Service Design is otherwise stipulated in the exclusive clause 7 above).

8.3 The Electronic Documents will be sent to your mailbox via email. If you do not reply to the email or make any comments within 30 days, we will assume that you have received all the documents and we are not responsible for sending the document again. Please keep it properly.

9.1 To the full extent permitted by law and subject to clause 9.4.4, we will not be responsible to you under the Contract or otherwise at law for:

      any losses which are not caused by any breach by us;

      business or trade losses.

9.2 To the full extent permitted by law and subject to clause 9.4.4, our entire liability in connection with the Contract will not exceed the purchase price of the Services in question.

9.3 Nothing in this Contract means that our liability to you, the recipient, for fraud or for death or personal injury resulting from our negligence or that of our employees, agents or sub-contractors is limited.

11.1 Once the design requirements are confirmed by email, no changes will be made to the design requirements in CAD, rendering, and animation during the design service period. If there are major adjustments to the design requirements, we will calculate it as a new project.

11.2 After the design service is completed, we can provide the following modification services as needed：

11.2.1 Jewellery CAD Service modification:

We understand that going from a sketch to a 3D CAD model can highlight some elements that you did not see or think about, if an adiustment is required to the 3D model, we will do this free of charge 1 time as long as the modification is minor and in line with the original specifications. lf the change is significant then we will let you know and supply an updated quotation.

11.2.2 Jewellery Rendering Service modifaication;

We provide 1 free time rendering modifaication, but the rendered model cannot be changed. For more modifaication we will provide a quote.

11.2.3 Jewellery Animation Service modifaication:

We offer a one-time complimentary rendering modification, but the rendered model itself cannot be altered. Additionally, the editing and direction plan for the product video cannot undergo significant changes. lf the change is significant then we will let you know and supply an updated quotation.

11.2.4 Full Service Design

See clause 7.5 above.

11.3 All design service modification requests are subject to the written email and attached information, and are not subject to any verbal requests, promises or other social media texts.

11.4 Once the number of free design modifications is used up and the client no longer pays for modifications, the project will be automatically deemed terminated and the order will be completed. Visionate Design will not be responsible for any subsequent production (unless it is Full Service Design, see clause 7 above), modification, or extended design.

11.5 Visionate Design reserves the right to refuse any subsequent paid design service modifications without any reason.

11.1 As between you and Visionate Design, you acknowledge that Visionate Design owns or has a license to all title and copyrights in and to the content provided on this Website. All title and intellectual property rights in and to the licensed content provided on this Website is the property of the respective content owners and may be protected by the applicable copyright or other intellectual property laws and treaties and subject to use restrictions under such laws or treaties.

11.2 The “Visionate Design” trade mark as well as all trade marks, whether they are figurative or not, and all other marks, illustrations, images, and logos which appear on our products, accessories or packaging and/or used in connection with the sale and distribution of Visionate Design products, whether registered or not (collectively, the “VD Trade Marks”), are and remain the exclusive property of Visionate Design, a company incorporated in Australia. The Website may contain third-party trade marks, and other marks, illustrations, images and logos. You are not granted any right or license with respect to the VD Trade Marks or the trade marks of any third party. Any reproduction, whether complete or partial, modification or use of these marks, illustrations, images and logos, for whatever reason and in whatever medium, without our written, express and prior agreement, is strictly prohibited, as in any combination or use in conjunction with any other mark, symbol, logo and more generally any distinctive sign intended to form a composite logo.

11.3 Once the design service is completed, the client owns the copyright of the work (copyright transfer service of Full Service Design or during the copyright authorization period), the economic rights of the work, that is, all rights related to the reproduction, distribution, display, and commercial use and profit of the work.

11.4 Visionate Design reserves all moral rights generated by the design service. And it can be promoted on any website, magazine, social media and other channels, but it cannot be used for commercial purposes.

Subject to the second paragraph of this clause, we shall not be responsible to pay you any compensation or give you a refund if we are prevented or delayed in the performance of any of our obligations to you if this is due to any cause beyond our reasonable control including (without limitation): an act of God, explosion, flood, fire or accident; war or civil disturbance; strike, industrial action or stoppages of work; any form of government intervention; a third party act or omission; failure of our supplier(s); failure by you to give us a correct delivery address.

We will inform you of any such unforeseen event or of force majeure within seven days of its occurrence. Should this interruption continue beyond a period of two weeks, you will be entitled to cancel the order, and we will refund or re-credit you for any sum that has been paid by you or debited from your credit card for the Goods.

The holding and using of personal information provided to Visionate Design Pty Ltd is governed by the Privacy Policy posted on the Website at Privacy Policy. Please read this Privacy Policy to understand how we use and protect the information that you provide to us. By placing an order on the Website, you consent to the collection, use and transfer of your information under the terms of the Privacy Policy. All comments, queries or requests relating to our use of your information are welcome and should be addressed to “here”.

14.1 The Contract is governed by the laws of New South Wales, Australia and the Courts of New South Wales shall have the non-exclusive jurisdiction to resolve any disputes arising out of or under it.

14.2 No waiver by us of any breach of the Contract by you is considered as a waiver of any subsequent breach of the same or any other provision.