Terms and Conditions for
Bespoke & Custom-made Jewelry Orders
Definition of Terms and Scope
For the purposes of this agreement, the following definitions apply:
A bespoke item is a one-of-a-kind piece of jewelry designed from the ground up in close collaboration with the client. It is tailored to the client’s unique vision, requirements, and preferences; including specific materials, gemstones, proportions, fit, and symbolism. The resulting design is original, and represents the highest level of personalized craftsmanship.
A custom-made item is based on an existing design from the Seller’s standard collection, adapted with personalized modifications, such as changing the gemstones, metal, or layout to suit the client’s preferences. While tailored, the underlying design is not unique and may be adapted for other clients.
Bespoke and custom-made items (hereafter referred to as item/s) ordered through Josanne Mark Ltd. (hereafter referred to as the Seller) are subject to the following conditions:
Consultation and Design Development:
1. The consultation and design development process includes the complete creation of your bespoke design. This covers the selection of materials and gemstones, and the development of a detailed 3D CAD model of the piece.
2. The process involves a series of collaborative discussions with the designer to explore your ideas, preferences, and budget. From these conversations, initial design sketches are produced, from which you’ll choose a design to be developed into the final 3D digital rendering.
3. A non-refundable consultation and design development fee of TT $700 / US $110 per design is required at the start of the consultation, payable via online bank transfer, or credit card (for international clients). This fee will be credited towards your final purchase, provided we proceed with that specific design.
During the process, should you desire to pursue a design idea that is different from the original concept, an additional consultation and design development fee shall be incurred for the new design. A single consultation and design development fee will be applied to the final purchase; any prior fees paid for alternate or discarded designs will not be credited. For particularly complex design projects such as heavily detailed/sculptural designs, additional design development fees may apply on a case-by-case basis. We reserve the right to waive consultation and design development fees at our discretion.
Quotation & Payment
4. A formal quotation can only be provided when the 3D design model has been completed. Quotations will reflect the approved design in a range of metal and/or gemstone grade options.
5. Payment of a non-refundable deposit of 50% of the finished price, as quoted upon completion of the 3D model, is required to begin production
6. All quotations are based on the current market cost of materials and resources at the time of pricing. Due to ongoing fluctuations in the precious metals and gemstone markets, each quote is valid for a limited period, as specified on the official quotation document.
7. The quoted price is guaranteed only within the stated validity period.
8. Production will commence only after the required deposit has been received. If the quote expires before payment is made, a revised quotation reflecting any changes in material costs will be issued. This updated quote must be reviewed and approved before moving forward.
9. Due to the time, resources and skills required to make item/s, in the event of a non-completed sale the client agrees that the non-refundable paid deposit will be used in its entirety by the Seller to recover the costs associated with the making of the client’s ordered item/s.
10. The payment of a deposit is an agreement between the Seller and the client to make and provide the item/s as per the agreed job brief.
11. The payment of a deposit is an agreement between the client and the Seller to purchase and complete payment for the item/s as per the agreed job brief and quoted cost/s.
Responsibilities
12. During the consultation process, the Seller agrees to faithfully record the ideas and design directives of the client, in conjunction with the Seller’s own design advice.
13. The Seller agrees to regularly consult, if and as required, with the client during the manufacturing process.
14. The client agrees to regularly consult, if and as required, with the Seller during the manufacturing process.
15. Any design change requests made by the client after completion of the item(s) will be subject to additional charges. However, if a requested element was clearly documented during the design process and is not reasonably represented in the final piece, the Seller will cover the cost of making the necessary correction.
16. The Seller agrees to take all reasonable care when handling client-supplied gemstones, including documenting their condition prior to setting. However, due to the inherent risks involved in working with materials not sourced by the Seller, the client accepts full responsibility for any damage, breakage, or loss that may occur during handling, un-setting, or resetting. A signed waiver of liability may be required before such work is undertaken.
17. In the event of a breakage or damage occurring to a client’s own gems, replacement gems may be selected by the client in consultation with the Seller, and price adjustments will be agreed upon at that time.
18. The Seller does not work with client-provided metals. If a request is made to incorporate any client-owned materials, it must be discussed and mutually agreed upon during the consultation phase, prior to the start of production. Additional fees or adjustments may apply.
19. Both parties acknowledge that the Seller, as the design authority, holds the expertise to advise on all matters related to design, materials, and production. The Seller will act in good faith, providing informed recommendations to ensure the final piece meets the highest standards of craftsmanship, functionality, and design integrity.
Intellectual Property and Confidentiality:
20. The Seller agrees to handle all bespoke design work with discretion throughout the design and manufacturing process. While certain aspects of production may be entrusted to select, vetted contractors under the Seller’s direction, confidentiality and professional standards will be maintained at all times. The client’s identity will remain private upon written request.
21. All designs, concepts, plans, and images created by the Seller in connection with bespoke or custom-made items remain the exclusive intellectual property of the Seller and are protected under applicable intellectual property laws. The client agrees not to reproduce, replicate, distribute, or otherwise share these materials without the Seller’s prior written consent.
22. The Seller retains the right to photograph, publish, and publicly display all bespoke work created, including designs and finished pieces, for portfolio, promotional, and marketing purposes. The client’s identity will remain confidential upon written request.
23. Should the client require full non-disclosure regarding the design itself, thereby prohibiting the Seller from sharing images or video publicly, a formal NDA (Non-Disclosure Agreement) must be requested and mutually agreed upon in writing prior to payment of the non-refundable deposit. Such arrangements will incur an additional fee to compensate for the loss of promotional value.
24. If the client wishes to keep a design confidential until a specific date (such as for a proposal, gift reveal, or other private moment) this must be communicated in writing before the commencement of production. A formal limited-use confidentiality agreement may be executed.
25. Given the intensive nature of bespoke craftsmanship, the Seller reserves the right to decline or discontinue an order if the client breaches any of the terms or intent of this agreement.
26. The Seller conducts business in accordance with applicable consumer protection laws and adheres to the principles of fair and ethical trading.
27. This Terms of Sale document reflects a mutual agreement between the Seller and the client, acknowledged and accepted at the time of ordering.