Terms of service

WEBSITE TERMS AND CONDITIONS

Welcome to Opal Hub Australia. This website, opalhubau.com, is operated by Opal Hub Australia Pty Ltd (ABN 32 689 000 959), trading as Opal Hub Australia (‘Opal Hub Australia’, ‘we’, ‘us’ and ‘our’). These Website Terms and Conditions (‘Terms’) govern your use of the Website, every purchase made through it, and purchases made in person by appointment as described in clause 3.5. By using the Website or making a purchase, you agree to these Terms, together with our Shipping Policy, Returns Policy and Privacy Policy. Purchases made at auction are also governed by our Auction Terms and Conditions.

We built Opal Hub Australia around transparency, education and genuine Australian opal, and these Terms are written to reflect the standard of service we aim to provide. If anything is unclear, contact us at info@opalhubau.com or +61 431 102 394 and we will gladly assist.

In these Terms:

‘ACL’ means the Australian Consumer Law, being Schedule 2 to the Competition and Consumer Act 2010 (Cth).

‘Content’ means all text, images, photographs, videos, graphics, guides and other material published on the Website or in our auctions and social media channels.

‘Products’ means the opals, gemstones, jewellery, fossils, specimens, tools, educational materials, brand accessories and other goods offered for sale by us.

‘Website’ means opalhubau.com, its associated checkout and customer account facilities.

 1.              ABOUT US AND THE AUSTRALIAN OPAL ASSOCIATION

1.1              Opal Hub Australia Pty Ltd (ABN 32 689 000 959) is an Australian company based in Sydney, New South Wales, supplying natural Australian opal sourced from Lightning Ridge, together with jewellery, fossils, specimens, tools and other industry-related goods. Viewings are available by appointment.

1.2              We are a member of the Australian Opal Association (AOA), the peak industry body for the Australian opal industry. AOA members commit to the AOA Code of Ethics, which requires accurate and honest description of opal, including its type, origin and any treatments, and fair dealing with customers. Our membership reflects the standards we hold ourselves to in every sale, and it authorises us to provide AOA certificates of authenticity for selected items, as described in clause 7.4.

 2.              USING THE WEBSITE AND YOUR ACCOUNT

2.1              You may browse the Website freely. To purchase, you will be asked to create a customer profile through our commerce platform, and to provide your name, contact details and delivery address. Please keep these details accurate and up to date, as orders are invoiced and shipped based on the details you provide.

2.2              You are responsible for keeping your account credentials secure. Please do not share your login details, and contact us promptly if you believe your account has been accessed without your authority.

2.3              In our auctions you may bid under an alias or display name, a privacy feature described in the Auction Terms and Conditions. The details behind your account must still be accurate.

2.4              To keep the Website and our auctions safe and fair for everyone, we may suspend, block, restrict or close an account, or decline to deal, where we reasonably consider it necessary, including for suspected fraud, repeated non-payment, unlawful conduct or misuse of the Website. Where it is reasonable to do so, we will explain our decision.

 3.              ORDERS AND HOW A CONTRACT IS FORMED

3.1              When you place an order through the Website, you are making an offer to purchase the relevant Products at the price displayed, together with the shipping charge displayed at checkout. Your order is accepted, and a binding contract formed, when we send you an order confirmation or dispatch the Products, whichever occurs first.

3.2              All Products are subject to availability. Many of our Products are one of a kind, and in the rare event an item has been sold or is no longer available when you order, we will let you know promptly and refund any amount paid in full.

3.3              We take care with our listings. If a listing contains an obvious error in price or description, we may correct the error and, where your order was placed in reliance on it and has not yet been accepted or dispatched, cancel the order and refund any amount paid in full. We will always contact you first where reasonably possible.

3.4              Products may also be offered at a stated price during a live session, including within the live shopping frame on the Website. A purchase made through the live shopping frame is an order under this section 3: the total price displayed at checkout is the amount payable, and these Terms govern the purchase. Bidding on auction items during a live session is governed by our Auction Terms and Conditions.

3.5              Purchases made in person by appointment are concluded on inspection. Please examine items in detail and ask any questions before completing an in-person purchase, and take the time you need to satisfy yourself. The returns treatment of in-person purchases is set out in our Returns Policy, and your ACL rights are unaffected.

 4.              PRICING AND PAYMENT

4.1              Prices displayed to customers in Australia are in Australian dollars and include GST.

4.2              For supported international regions, prices are displayed and payable in your local currency. Where the price displayed at checkout for a supported region includes duties, taxes and tariffs, the amount displayed at checkout is the total amount payable to us, and no additional charge is made by us beyond that amount. Payment in your local currency does not of itself mean that duties and taxes are included; they are included only where stated at checkout.

4.3              Regional prices may reflect currency exchange, payment processing costs, import charges and other market-specific costs, and may be updated from time to time. The price displayed at checkout at the time of your order is the price that applies.

4.4              Accepted payment methods are displayed at checkout. Payment is required at the time of order unless we have agreed other arrangements with you in writing.

 5.              INTERNATIONAL ORDERS, DUTIES AND TARIFFS

5.1              We ship worldwide, as set out in our Shipping Policy.

5.2              Where duties, taxes, tariffs or other government charges of your destination country are included in the price displayed at our checkout, they are collected and remitted through our shipping and checkout partners, and you will not be asked to pay them again on delivery.

5.3              Where such charges are not collected at our checkout for your destination, they are your responsibility as importer, and are payable by you to the relevant authority on or after import. Amounts collected at checkout reflect the rates applying at the time of sale.

 6.              CANCELLATION BY US

6.1              We may cancel an order or sale only where: the Products are unavailable; a listing contained an obvious pricing or description error; we reasonably suspect fraud, misuse or a breach of these Terms; the transaction cannot proceed under clause 12 or clause 13; or a platform or technical error has affected the order or sale.

6.2              If we cancel under this section, we will tell you why where it is reasonable to do so, and every amount you have paid for the cancelled order will be refunded in full.

 7.              PRODUCT INFORMATION AND CERTIFICATES

7.1              Opal is a natural gemstone, and colour, pattern and character can appear different under different lighting, viewing angles and screen settings. We make every effort to represent each Product accurately through photographs, videos and descriptions, and we welcome requests for additional images, videos or information before you buy.

7.2              In keeping with industry practice, rough opal and rubs are photographed and filmed wet unless stated otherwise, to show the potential of the stone, and you should assume wet presentation for all rough and rubbed opal; this is also noted in the disclosures on relevant listings. Unless we specifically state otherwise, no guarantee is given as to the outcome, yield, pattern, colour or value of rough or rubbed opal after cutting or further working. Where an item has a visible crack, inclusion or other notable characteristic, we state it and show it, our pricing generally reflects disclosed characteristics, and characteristics disclosed before sale form part of the item’s description.

7.3              Fossils and geological specimens are offered in their original form, and much of their value can lie in that form being maintained. Any modification after purchase is undertaken at the owner’s risk, and we recommend seeking guidance from an appropriately experienced professional before any irreversible alteration.

7.4              Every Product is accompanied by an Opal Hub Australia certificate of authenticity identifying the item and its stated characteristics. For purchases through the shop and live shopping, your certificate is available in digital and paper form; for auction purchases, your certificate is provided on request. Selected items are additionally accompanied by an Australian Opal Association certificate of authenticity, and the selection of those items is at our discretion. A certificate is not a valuation, and market value can change over time.

 8.              EXPORT OF FOSSILS AND SPECIMENS

8.1              The export of fossils and certain specimens from Australia may require assessment or a permit under the Protection of Movable Cultural Heritage Act 1986 (Cth). International orders for these items are accepted conditionally on any required approval being obtained, and we will keep you informed of expected timeframes.

8.2              If a required export approval is not granted, the sale will be cancelled and every amount you have paid refunded in full.

 9.              SHIPPING, DELIVERY AND RETURNS

9.1              Shipping, insurance, tracking and delivery are governed by our Shipping Policy, which forms part of these Terms.

9.2              If you purchase multiple items across the Website, our auctions or live shopping before your order is packed, we will combine them into a single shipment wherever possible, so you only pay one shipping fee. To allow combining, all purchases must use exactly the same name and delivery address. Our checkout applies a shipping charge to each purchase, and any shipping charges beyond the first are refunded automatically, normally within a few minutes. If an automatic refund does not arrive, contact us and we will resolve it promptly.

9.3              Returns and refunds are governed by our Returns Policy, which forms part of these Terms and includes our 14-day change of mind policy for eligible purchases.

10.              YOUR CONSUMER RIGHTS

10.1              Our Products come with guarantees that cannot be excluded under the ACL. Nothing in these Terms excludes, restricts or modifies any right or remedy you have under the ACL or any other law that cannot lawfully be excluded, and the benefits we give you under these Terms and our policies are in addition to those rights.

11.              PRIVACY

11.1              We collect and handle personal information in accordance with our Privacy Policy, including information collected when you create an account, register for an auction or subscribe to updates.

12.              VERIFICATION AND ANTI-MONEY LAUNDERING

12.1              Opal Hub Australia Pty Ltd is enrolled with AUSTRAC, and we comply with Australia’s anti-money laundering and counter-terrorism financing laws. For certain transactions, including transactions at or above thresholds set by law for payment in cash or digital assets, we may be required to verify your identity before completing the transaction, and to make reports required by law. We may delay or decline a transaction where verification cannot be completed.

13.              RESTRICTED DESTINATIONS

13.1              We do not sell or ship where a sale or shipment would breach Australian sanctions laws. If your destination cannot lawfully be supplied, we may cancel the sale, and any amount you have paid will be refunded in full.

14.              INTELLECTUAL PROPERTY

14.1              All Content, including our photographs and videos of individual stones, our Opal Guide and educational material, and the Opal Hub Australia name and branding, is owned by or licensed to us. We are proud of it, and we invest heavily in it.

14.2              You may view and share Content for personal, non-commercial purposes, crediting Opal Hub Australia. You may not reproduce our photographs, videos or descriptions to offer any item for sale, or use any Content for commercial purposes, without our prior written consent.

14.3              All Content is protected by copyright. Our live streams and broadcasts, and their recordings, are Content owned by us, and the licence in clause 14.2 applies to them: short excerpts may be shared for personal, non-commercial purposes, crediting Opal Hub Australia, and any recording, reproduction or commercial use requires our prior written consent. © Opal Hub Australia Pty Ltd. All rights reserved.

15.              ACCEPTABLE USE

15.1              So that the Website and our auctions remain safe and enjoyable for everyone, you agree not to: interfere with the operation or security of the Website; use automated means to scrape or extract Content or data; create accounts using false payment or delivery details; place bids or orders that are not genuine; or engage in unlawful, abusive or disruptive conduct in our chats and channels. We may moderate, remove content, and block or restrict users under clause 2.4 where this clause is breached.

16.              LIABILITY

16.1              Nothing in this section limits your rights under clause 10. To the extent permitted by law, our liability for a failure to comply with a consumer guarantee in relation to Products of a kind not ordinarily acquired for personal, domestic or household use is limited, at our option, to the replacement of the Products or the supply of equivalent Products, the repair of the Products, or the payment of the cost of replacement, equivalent supply or repair. In any case where a remedy is due to you, we may also offer you a store credit as an alternative, which you are free to accept or decline. Where you are entitled to a refund under the ACL, a store credit applies only if you choose it.

16.2              To the extent permitted by law, we are not liable for loss of profits, loss of revenue or other indirect or consequential loss arising from your use of the Website, and our total liability to you in connection with any Product is limited to the total amount you paid us for that Product.

16.3              The Website, our auctions, our live shopping events and our in-person sales depend in part on third-party platforms, payment providers and carriers, including our commerce platform, live selling platform, social media broadcast platforms and postal and courier services. We choose and manage these partners with care; their services are, however, governed by their own terms, and to the extent permitted by law we are not responsible for faults occurring within services they operate. Where a third-party fault affects your order, we will work with you and them to put it right, as described in our Shipping and Returns Policies.

17.              CHANGES TO THESE TERMS

17.1              We may update these Terms from time to time, for example when we add services or when the law changes. The updated version will be published on the Website with its effective date, and changes apply prospectively only. The version in force when you place an order applies to that order.

18.              GENERAL

18.1              If any part of these Terms is found to be invalid or unenforceable, that part is severed and the remainder continues in effect.

18.2              A failure by us to enforce any part of these Terms is not a waiver of our right to enforce it later.

18.3              We may send notices to the email address on your account, and you may contact us at info@opalhubau.com or by telephone on +61 431 102 394.

19.              GOVERNING LAW

19.1              These Terms are governed by the laws of New South Wales, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of New South Wales. If you are a consumer located outside Australia, this clause does not deprive you of any protection that applies mandatorily under the laws of the place where you live.