Benjamin Rose, ABN 37 131 675 065

Terms & Conditions

Last updated: May 2026

These Terms and Conditions govern your use of the Benjamin Rose website (benjaminrose.com.au) and your engagement with Benjamin Rose’s services. Please read them carefully. They are written to be clear and honest, and to protect both of us throughout the commission process.

Benjamin Rose is a sole trader operating under the name Benjamin Rose, with ABN 37 131 675 065, based at Collingwood, Melbourne, Victoria, Australia. Every piece of jewellery made under the Benjamin Rose name is designed and crafted personally by Benjamin Rose at his studio in Collingwood.

By accessing this website or placing a commission, you agree to be bound by these Terms and Conditions. If you have any questions before proceeding, please reach out. Benjamin is always happy to talk through anything before you commit.

1. About Benjamin Rose

Benjamin Rose is a sole trader specialising in bespoke fine jewellery: engagement rings and wedding bands designed and made entirely by hand. Benjamin Rose is not a retail jewellery store. Every piece is a bespoke commission, created specifically for each client from initial concept through to final delivery.

Benjamin Rose does not employ other makers or outsource production. The person you speak with throughout your commission is the person who designs and makes your ring.

2. Acceptance of Terms

By accessing or using the Benjamin Rose website, or by engaging Benjamin Rose’s services in any capacity, whether through the website, by email, telephone, or in person, you confirm that you have read, understood, and agree to be bound by these Terms and Conditions.

These terms constitute the entire agreement between you and Benjamin Rose in relation to your use of this website and the commission of any piece of jewellery. They supersede any prior communications, representations, or agreements.

Benjamin Rose reserves the right to update these Terms and Conditions at any time. The most current version will always be available at benjaminrose.com.au. Your continued use of the website following any update constitutes your acceptance of the revised terms.

You represent that you are at least 18 years of age and have the legal capacity to enter into a binding agreement.

3. Website Use & Accuracy

The Benjamin Rose website is provided in good faith and is updated regularly. However, Benjamin Rose does not warrant that all information on the website is complete, current, or free from error at all times. Benjamin Rose reserves the right to correct any inaccuracies, update content, or modify pricing without prior notice.

Jewellery photography is produced with care to represent each piece accurately. However, the appearance of a ring, including the colour of metals, gemstones, and finishes, may vary depending on your screen, monitor calibration, and lighting conditions. All images on this website are intended as a guide only and should not be relied upon as an exact representation of finished pieces.

Gemstone colour, clarity, and character can also vary from stone to stone. Where gemstones are sourced specifically for your commission, Benjamin will provide images and, where possible, video of the stone for your approval before it is set.

You may not use the Benjamin Rose website or its content for any unlawful purpose, or in any way that may harm, disrupt, or compromise the website or the experience of other users.

4. Bespoke Commissions & Orders

All pieces created by Benjamin Rose are bespoke and made to order. There are no ready-made or off-the-shelf products available for immediate purchase. Each commission is a unique piece, designed and crafted specifically for you.

Your commission formally commences when:

  • Benjamin Rose has provided you with a written quote and commission agreement;
  • You have reviewed and agreed to the design, materials, and pricing; and
  • Your 50% deposit has been received and cleared.

Any changes to the agreed design, materials, or specifications requested after the commission has commenced will be considered on a case-by-case basis and may affect the final price and production timeline. Significant changes may require a revised quote and agreement before work continues.

Design concepts, sketches, and renders produced during the commission process remain the intellectual property of Benjamin Rose. See Section 11, Intellectual Property, for further detail.

5. Pricing & Payment

All pricing is quoted in Australian dollars (AUD) and is inclusive of GST where applicable. Quoted prices are confirmed in writing prior to commencement of your commission and are valid for 14 days from the date of issue, unless otherwise stated. Benjamin Rose reserves the right to requote after this period, particularly if gemstone or precious metal market prices have changed.

Payment is accepted via the methods available through the Benjamin Rose website, which is hosted on Shopify. Your financial details are processed securely by Shopify’s payment platform. Benjamin Rose does not store or have access to your credit card or banking information.

For all bespoke commissions, the following payment schedule applies:

  • A 50% deposit is required to commence production. Work will not begin until this deposit has been received and cleared.
  • The remaining 50% balance is due upon completion of your piece, prior to dispatch or collection. Benjamin Rose will not dispatch or release the piece until payment in full has been received.

Where gemstone sourcing is required, Benjamin may request that you approve and confirm the selected stone prior to setting. In some cases, a gemstone hold deposit may be required. This will be communicated clearly in your commission agreement.

6. Deposits & Cancellation Policy

Benjamin Rose commits significant time, skill, and materials to each commission from the moment production commences. For this reason, the following policy applies.

Cancellation by the Client

You may cancel your commission in writing at any time. However:

  • If you cancel before your design has been approved and before production has commenced, Benjamin Rose will refund your deposit in full, less any reasonable costs already incurred.
  • If you cancel after your design has been approved but before production has commenced, a $350 design fee will be deducted from your deposit before any refund is calculated.
  • Production is deemed to have commenced once metal or stones have been purchased for your piece. If you cancel after production has commenced, your deposit is non-refundable. This reflects the materials purchased, bench time committed, and design work undertaken specifically for your piece.
  • Once your piece is complete, Benjamin Rose will contact you to arrange collection or delivery, and the full balance becomes payable at that time. If we are unable to reach you or the piece remains uncollected, it will be treated in accordance with the Australian Consumer Law and Fair Trading Act 2012 (Vic), which sets out the notice we must give and the time we must hold the piece before we can otherwise deal with it.

Cancellation by Benjamin Rose

In exceptional circumstances, Benjamin Rose may cancel a commission. If this occurs:

  • You will be notified in writing as soon as possible.
  • Any deposit paid will be refunded in full within 14 days.
  • Benjamin Rose will not be liable for any loss or damage arising from the cancellation, beyond the refund of monies paid.

Circumstances that may result in cancellation by Benjamin Rose include, but are not limited to: inability to source a specified gemstone, unforeseen personal circumstances, or a commission that cannot be completed to the agreed standard.

7. Production Timeframes

The typical production timeframe for a bespoke Benjamin Rose piece is 8 to 10 weeks from the commencement of production, that is, from the date your deposit is received and cleared.

Production timelines may vary depending on the complexity of your design, the availability of specific materials or gemstones, and Benjamin’s current commission schedule. Any significant variation to the expected timeframe will be communicated to you as soon as reasonably possible.

While Benjamin Rose takes every care to complete your commission within the advised timeframe, specific completion dates cannot be guaranteed. Benjamin Rose will not be held liable for delays caused by circumstances outside of his control, including but not limited to: delays in the supply of materials, gemstone sourcing timelines, or unforeseen events.

If you have a specific date requirement, such as a proposal date or wedding, please communicate this clearly at the outset of your commission. Benjamin will advise honestly whether this can be accommodated.

8. Australian Consumer Law

Benjamin Rose’s goods and services come with guarantees that cannot be excluded under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)).

As a consumer, you are entitled to a repair, replacement, or refund for a major failure, and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure.

Nothing in these Terms and Conditions is intended to exclude, restrict, or modify any right or remedy you have under Australian Consumer Law. Where any term of these conditions is inconsistent with your statutory rights, your statutory rights prevail.

9. Refunds, Returns & Aftercare

Change of Mind

Because every Benjamin Rose piece is a bespoke commission made specifically for you, returns or refunds for change of mind are not available. This is consistent with Australian Consumer Law, which does not require a trader to accept a return for change of mind.

Benjamin Rose takes great care throughout the commission process, from design approval through to completion, to ensure that each piece reflects your vision. If at any point during the process you have concerns, please raise them immediately so they can be addressed before production is finalised.

Faulty or Non-Conforming Goods

If your piece contains a manufacturing defect or does not conform to the agreed specifications, please contact Benjamin Rose within 48 hours of receipt. Benjamin Rose will work with you promptly to assess the issue and determine the appropriate remedy under Australian Consumer Law, which may include repair, replacement, or refund depending on the nature and severity of the fault.

Damage arising from normal wear, improper care, or circumstances beyond the control of Benjamin Rose (such as loss, theft, or accidental damage) is not covered under this policy. Please refer to the Benjamin Rose Care Guide at benjaminrose.com.au for guidance on caring for your piece.

Complimentary Resize

Benjamin Rose offers one complimentary resize within 18 months of the collection or dispatch date. This is available for rings that require adjustment due to a change in ring size.

  • The complimentary resize covers the labour cost of resizing only. In some cases, particularly with eternity bands or rings with stones set throughout the band, resizing may not be possible, or may not be covered under this offer. Benjamin will advise you of this at the time of your commission.
  • Additional resizes beyond the complimentary offer, or resizes requested outside the 18-month window, are available at Benjamin’s standard service rate.
  • The complimentary resize is not transferable and applies only to the original client.

Complimentary Clean & Inspection

Benjamin Rose offers one complimentary clean and inspection every 12 months from the date of collection or dispatch. This service is an opportunity to ensure your piece remains in excellent condition: checking settings, polishing the metal, and assessing any wear.

  • The complimentary clean and inspection is available by appointment at Benjamin’s Collingwood studio, or by arrangement.
  • This service applies to the original piece only and is not transferable.
  • Any repair work identified during the inspection that is required due to normal wear will be quoted separately.

10. Shipping & Delivery

Domestic orders are sent via Australia Post express service with tracking and signature required on delivery. International orders are sent via DHL with tracking and signature required on delivery.

Benjamin Rose strongly recommends that you are available to receive your piece in person on delivery, given its value. If delivery is unsuccessful, your piece will be held at the nearest collection point in accordance with the courier’s standard procedure. Please collect it promptly.

Title and risk in the piece pass to you upon dispatch from Benjamin Rose’s studio. Once dispatched, Benjamin Rose cannot be held responsible for delays, loss, or damage caused by third-party courier services.

For international orders, you are responsible for any import duties, taxes, or customs charges applicable in your country. These are not included in the purchase price and will not be covered by Benjamin Rose.

Pieces may also be collected in person from Benjamin’s Collingwood studio by appointment. Collection is available upon receipt of full payment.

11. Intellectual Property

All intellectual property in jewellery designs created by Benjamin Rose, including sketches, renders, digital files, and the finished piece itself, remains the property of Benjamin Rose, even where a design has been created in collaboration with a client’s vision or concept. The commission of a piece does not constitute a transfer of intellectual property rights in the design.

Benjamin Rose reserves the right to photograph completed pieces and to use those images for the purposes of portfolio, marketing, social media, press, and competition entry. Your personal information will never be disclosed in connection with any such use.

You are welcome to share photographs of your Benjamin Rose piece on social media. We ask only that you credit @benjaminrosejewellery where possible. We genuinely appreciate it.

You must not reproduce, adapt, or share Benjamin Rose’s designs with another jeweller or designer for the purposes of replication without written permission. Similarly, please do not provide Benjamin Rose with designs or images that belong to another jeweller without confirming that you have their consent to do so. Knowingly providing third-party designs without permission may expose both parties to intellectual property claims.

All website content, including text, photography, graphics, and design, is the copyright of Benjamin Rose and may not be reproduced without written permission.

12. Privacy

Benjamin Rose collects personal information, including your name, contact details, and order information, for the purpose of managing your commission and communicating with you throughout the process. This information is handled in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.

Benjamin Rose does not sell, rent, or share your personal information with third parties for marketing purposes. Your information may be shared with third-party service providers (such as payment processors and courier services) only to the extent necessary to fulfil your commission.

You may request access to, or correction of, any personal information Benjamin Rose holds about you at any time by contacting info@benjaminrose.com.au.

For full details, please refer to the Benjamin Rose Privacy Policy, available at benjaminrose.com.au.

13. Website Disclaimer & Third-Party Links

The Benjamin Rose website is provided in good faith and on an “as available” basis. Benjamin Rose makes no representations or warranties, express or implied, regarding the uninterrupted availability, accuracy, or fitness for purpose of the website or its content.

The website may contain links to third-party websites for your convenience. These links do not constitute an endorsement of those websites or their content. Benjamin Rose is not responsible for the content, accuracy, or practices of any third-party website and accepts no liability arising from your use of them.

The Benjamin Rose website is hosted on Shopify. By using this website, you also agree to Shopify’s terms of service, available at shopify.com.

14. Limitation of Liability

Benjamin Rose takes every care in the design and making of your piece. If something goes wrong that is Benjamin Rose’s fault, we will work with you to make it right in accordance with your rights under Australian Consumer Law.

Beyond that, Benjamin Rose’s liability is limited to the amount you paid for your piece. We are not liable for any indirect or consequential loss arising from your engagement with Benjamin Rose’s services.

Nothing in these Terms and Conditions excludes or limits any right you have under Australian Consumer Law.

15. Indemnification

You agree to indemnify and hold harmless Benjamin Rose from and against any claims, damages, losses, costs, or expenses (including reasonable legal costs) arising from:

  • Your breach of these Terms and Conditions;
  • Your violation of any applicable law or regulation; or
  • Any third-party intellectual property claim arising from designs or materials you have provided to Benjamin Rose without appropriate authority.

16. Severability

If any provision of these Terms and Conditions is found to be unlawful, void, or unenforceable, that provision will be severed from the remainder of these Terms and Conditions, which will continue in full force and effect. The unenforceable provision will be amended only to the minimum extent necessary to make it enforceable.

17. Changes to These Terms

Benjamin Rose reserves the right to update or amend these Terms and Conditions at any time. The most current version will always be published at benjaminrose.com.au with the date of last update noted at the top of the page.

Your continued use of the website or engagement with Benjamin Rose’s services following the posting of any changes constitutes your acceptance of the updated terms. If you do not agree to the revised terms, you should cease using the website and contact Benjamin to discuss any active commissions.

18. Governing Law

These Terms and Conditions are governed by and construed in accordance with the laws of the State of Victoria, Australia. You submit to the exclusive jurisdiction of the courts of Victoria in relation to any dispute or claim arising from these Terms and Conditions or your engagement with Benjamin Rose.

19. Contact

If you have any questions about these Terms and Conditions, or about any aspect of your commission, please don’t hesitate to reach out. Benjamin is always available to talk things through.

Benjamin Rose
ABN 37 131 675 065
Collingwood, Melbourne, Victoria, Australia
info@benjaminrose.com.au
benjaminrose.com.au