Terms of Service and Keepsake Inclusion Consent

Memories of You Keepsake Jewellery - Australia
Last updated: 21 September 2026

1. Overview and acceptance

This website and online store are operated by Memories of You Keepsake Jewellery ("Memories of You", "we", "us" or "our"). These Terms apply to visitors, customers and anyone who uses our website or services.

By using the website, placing an order, ticking an acceptance box, approving a custom design, sending inclusion materials or otherwise asking us to begin work, you agree to these Terms and any policies expressly incorporated into them, including our Returns and Refund Policy, Shipping Policy, Privacy Policy and Jewellery Care information.

If you are under 18, you may use the website and place an order only with the involvement and consent of a parent or legal guardian. You must not use our website, products or services for an unlawful or unauthorised purpose.

An order is subject to our acceptance. An automated order confirmation acknowledges receipt but does not require us to accept an order that we cannot lawfully or reasonably fulfil. If we decline an order before beginning work, we will refund the amount paid, less only any amount we are legally entitled to retain.

2. Important acknowledgement about irreplaceable materials

Our jewellery may incorporate cremation ashes, breastmilk, hair, fur, dried flowers, fabric, soil, sand and other personally significant materials (collectively, "Inclusions"). Inclusions may be unique, emotionally significant and impossible to replace.

Although we use reasonable care, documented identification procedures and appropriate storage and handling practices, no physical process is entirely without risk. Processing may permanently alter or consume part of an Inclusion, and accidental loss, damage, contamination or deterioration remains possible. You should send only the minimum amount requested and keep a reserve wherever possible.

This acknowledgement explains the inherent nature of the service. It does not exclude, restrict or modify any right or remedy that cannot lawfully be excluded, including rights under the Australian Consumer Law.

3. Product information and handcrafted variations

We take reasonable care to describe and display our products accurately. However, device screens, lighting, photography and magnification can affect how colours and details appear.

Each keepsake is individually handcrafted using natural, organic or customer-supplied materials. Photographs, samples, mock-ups and display pieces are illustrative. Reasonable variations may occur in colour, opacity, texture, pattern, placement, visible particles, shimmer, bubbles and finish.

These variations are part of the handcrafted process and will not, by themselves, mean that an item is faulty where the finished item is consistent with its description, the approved design and the nature of the supplied Inclusion. Nothing in this section limits your rights where goods or services fail to comply with a consumer guarantee.

We may update product information, limit quantities or discontinue products for future orders. We will not materially change an accepted order without your agreement, except where reasonably necessary to comply with law or address a safety issue. If an ordered option becomes unavailable, we will contact you to agree on an alternative or appropriate refund.

4. Your information and order instructions

You must provide current, complete and accurate billing, contact, delivery and order information. You are responsible for checking names, spelling, measurements, ring size, design selections, delivery address and other instructions before confirming them.

Address changes must be sent to info@memoriesofyou.com.au as soon as possible. A requested change is not effective until we confirm it. We cannot guarantee that an address can be changed after an order has been packed or dispatched.

We may reasonably refuse, suspend or verify an order where fraud, unauthorised payment, unlawful conduct, a pricing error or a safety concern is reasonably suspected. We will not cancel an accepted order arbitrarily and will handle any refund in accordance with these Terms and applicable law.

5. Your authority to supply Inclusions

By supplying an Inclusion, you represent and warrant that:

• you own it or have the informed authority of the lawful owner or authorised custodian to provide it and instruct us to process it;
• processing it into jewellery will not breach another person's rights, a court order, an agreement or any applicable law;
• the information and instructions you provide are accurate and complete; and
• you have disclosed any known characteristic that could make the Inclusion unsafe to receive, store or process.

You must not send fresh tissue, blood, clinical specimens, infectious material, chemicals, sharps, illegal material or anything reasonably capable of causing harm. We may refuse, isolate or arrange safe return or disposal of undeclared hazardous or prohibited material, subject to applicable law. Reasonable costs caused by your material breach of this section may be charged to you where permitted by law.

To the extent permitted by law, you indemnify us against a third-party claim arising directly from your lack of ownership or authority, your unlawful supply of material, or your material breach of this section. This indemnity does not apply to the extent that the claim was caused or contributed to by our negligence, unlawful conduct or breach of these Terms.

6. Consent to processing

You authorise us to undertake the processes reasonably required to create the ordered keepsake. Depending on the Inclusion, this may include inspecting, separating, trimming, cutting, grinding, crushing, drying, preserving, dehydrating, stabilising, combining with resin or pigment, encapsulating and permanently incorporating part of the Inclusion into jewellery.

You acknowledge that:

• processing is transformative and may be irreversible;
• some material will be consumed or permanently incorporated into the jewellery;
• microscopic or residual quantities may be impracticable to recover or return;
• the original condition, arrangement or appearance of processed material cannot be restored; and
• we may use only the quantity reasonably required for the ordered piece.

This consent applies only to processes reasonably connected with fulfilling your order.

7. Cremation ashes and memorial Inclusions

You must provide only fully cremated human or animal remains. You warrant that any ashes supplied have completed the cremation process and do not contain hazardous, infectious or prohibited material.

The visible appearance and behaviour of ashes vary. Some particles may remain visible, while others may become less visible after processing. We cannot guarantee an exact distribution, pattern or degree of visibility unless a particular requirement has been expressly accepted by us in writing.

8. Breastmilk and organic Inclusions

Breastmilk is perishable and its colour and composition vary naturally. You authorise us to preserve, dehydrate, stabilise and process the amount reasonably required for your order.

The finished colour may range from bright white through cream, ivory, translucent or yellow-toned shades. Medication, diet, age, storage history, fat content and other characteristics outside our control may affect processing and appearance.

If a sample cannot be processed successfully despite our use of reasonable care and skill, we will contact you to discuss a replacement sample, a reasonable alternative or an appropriate refund for the affected item. Your rights under the Australian Consumer Law remain unaffected.

9. Receipt, identification and custody

Our custody of an Inclusion begins when it is delivered to and actually received by us. We will bring it into our documented handling process as soon as reasonably practicable. We may photograph, weigh, label or otherwise record an Inclusion for identification, quality control and dispute resolution.

We will take reasonable care of accepted Inclusions while they are in our possession. You acknowledge that Inclusions generally have no readily ascertainable market value and may have a sentimental value far exceeding their material value. This acknowledgement does not assign them a value of zero or waive any non-excludable legal right.

If an incident occurs, you must allow us a reasonable opportunity to investigate, preserve records, notify relevant insurers and propose an appropriate resolution. You must not knowingly provide false or misleading information about an Inclusion or the circumstances of a claim.

10. Unused and residual material

Where reasonably practicable, unused cremation ashes, hair, fur, flowers, fabric and similar Inclusions will be returned with the completed item. Very small remnants, particles embedded in equipment or material necessarily consumed during processing may be incapable of return.

Preserved breastmilk or other retained material will be handled in accordance with the retention information given with your order. You are responsible for keeping your contact and delivery details current. We will not intentionally dispose of a materially usable retained Inclusion without following any notice process promised to you, except where disposal is reasonably necessary for safety, legal compliance or because the material has deteriorated beyond practical use.

11. Design instructions and approvals

You are responsible for reviewing all written selections and any design proof or mock-up we provide. Approval authorises us to proceed on that basis.

A digital mock-up is a guide and not a guarantee of pixel-for-pixel reproduction in a handcrafted item. Requests made after approval or after production begins may be declined or may require additional time and payment reflecting the reasonable additional work and materials involved.

12. Ring sizing and customer-selected specifications

You are responsible for selecting the correct ring size, chain length, metal finish and other customer-selected specifications. Sizing can vary between gauges, ring widths and styles, so professional sizing is recommended.

An item made to the size or specification you ordered is not faulty merely because the selected size or specification is unsuitable. Where alteration or replacement is technically possible, we may offer it at your cost. If we supply a size or specification different from your confirmed order, your rights under the Australian Consumer Law apply.

13. Prices and payment

Prices are stated in Australian dollars and include GST where applicable. We may change prices for future orders. A price change will not affect an accepted order unless you later request a change to that order.

Unless otherwise agreed in writing, payment in full is required before we order custom components, preserve an Inclusion or begin production. Payments are processed through payment providers made available through our Shopify store. Your use of a payment provider may also be subject to that provider's terms and privacy practices.

If an obvious pricing or product-information error is discovered before acceptance, we may correct it and invite you to proceed at the correct price or cancel for a full refund. If an error is discovered after acceptance, we will contact you and deal with it fairly in accordance with applicable law rather than changing the order unilaterally.

Any optional service, design alteration, upgraded material or additional work requested after ordering may incur an additional charge disclosed before that work begins.

14. Packing, inbound postage and delivery

You are responsible for following our packing instructions and using secure, correctly addressed packaging. We strongly recommend tracked postage and retaining proof of lodgement. Do not send all of an irreplaceable Inclusion where a smaller amount will satisfy our requirements.

To the extent permitted by law, we are not responsible for loss or damage occurring before we physically receive the parcel where that loss or damage was caused by your packaging, incorrect addressing, or a postal or courier service selected and contracted by you. We will provide reasonable assistance with available tracking or carrier enquiries.

When we arrange delivery of the completed order or returned Inclusions, we remain responsible to the extent required by the Australian Consumer Law. You are responsible for providing a secure and accurate delivery address and for loss caused by an address error supplied by you or your failure to collect or receive a properly addressed parcel.

Unless expressly arranged in writing, we do not provide separate transit insurance for an Inclusion's sentimental value. You may ask us about additional transit arrangements before sending especially significant material.

International customers are responsible for customs duties, import taxes and lawful import requirements imposed by their destination, unless we expressly agree otherwise. We are not responsible for customs delays outside our reasonable control, but this does not limit any responsibility imposed on us by law.

15. Production and delivery timeframes

Published production and delivery timeframes are estimates unless we expressly agree to a fixed date in writing. The stated keepsake-production period begins only after your Inclusion has been received, checked in and matched to your order, and after we have received all required information, approvals and payment.

Timeframes may be affected by design approvals, replacement samples, custom components, seasonal demand, carrier disruption and customs processing. We will take reasonable steps to perform the service within the stated or otherwise reasonable time required by the Australian Consumer Law.

16. Changes, cancellations and returns

Because keepsake jewellery is personalised and made to order, we do not offer change-of-mind returns after production or Inclusion processing has begun, except where we agree otherwise or the law requires a remedy. Change-of-mind rights for any non-personalised product will be governed by the Returns and Refund Policy that applied when it was purchased.

Before work begins, you may request cancellation. We may deduct payment-processing charges that are not recoverable by us and reasonable administrative or custom-procurement costs already incurred, up to 20% of the item price. After custom components have been ordered or work has begun, any change-of-mind refund will be reduced by the reasonable value of work performed, materials committed and non-recoverable costs. A fully personalised item that cannot reasonably be resold may not qualify for a change-of-mind refund.

Change requests should be made within 48 hours of ordering. We will consider later requests but cannot guarantee they can be accommodated. Any fee will reflect the reasonable additional cost caused by the requested change.

This section does not apply where you are entitled to a remedy because we have failed to comply with the Australian Consumer Law or these Terms. Please refer to our Returns and Refund Policy for the procedure applicable to returns and remedy requests.

17. Jewellery care, resin ageing and plated finishes

Keepsake resin and plated jewellery require appropriate care. You must follow the care instructions supplied with your item, including avoiding prolonged ultraviolet exposure, high heat, repeated immersion, impact, abrasion and contact with perfume, hand sanitiser, chlorine, cleaning products and other harsh chemicals.

Resin and organic materials may gradually change in tone or appearance, and plating may wear with use. Normal ageing, fair wear and tear, accidental damage, misuse or deterioration materially accelerated by failure to follow care instructions may not constitute a defect. This will always be assessed in light of the item's age, price, description, materials, expected use and the consumer guarantees.

18. Australian Consumer Law and remedies

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms excludes, restricts or modifies any consumer guarantee, statutory guarantee, condition, warranty, right or remedy that cannot lawfully be excluded, restricted or modified.

Where there is a problem, the available remedy will depend on the nature and seriousness of the failure and may include repair, replacement, re-supply, refund, cancellation or compensation as required by law. Any voluntary warranty or promise we provide is additional to, and does not replace, your statutory rights.

Please contact us as soon as reasonably practicable after discovering a problem and provide your order details, photographs where relevant and a clear description. Prompt notice helps us investigate, but no stated notification period limits a right that you have under the Australian Consumer Law.

19. Liability allocation

Nothing in this section limits liability that cannot lawfully be limited, including liability arising under the Australian Consumer Law.

To the maximum extent permitted by law, we are not liable to the extent that loss or damage was caused or increased by:

• your breach of these Terms, inaccurate information or lack of lawful authority;
• inadequate packaging, an incorrect address or failure to follow reasonable written instructions;
• an inherent characteristic, pre-existing deterioration or undisclosed condition of an Inclusion;
• normal ageing, fair wear and tear, misuse, accident or failure to follow care instructions;
• work, alteration or repair performed by someone else; or
• an event outside our reasonable control where we took reasonable precautions and were not negligent.

To the maximum extent permitted by law, we exclude liability for indirect or consequential loss that was not reasonably foreseeable when the contract was formed and was not caused by our negligence, wilful misconduct or breach of a non-excludable obligation.

Where the law permits a remedy to be limited, our liability will be limited, at our option, to supplying the affected services again or paying the reasonable cost of having them supplied again, and to repairing or replacing the affected goods or paying the reasonable cost of repair or replacement. This limitation applies only where it is lawful and reasonable to do so.

Because sentimental value may be personal and difficult to quantify, we do not agree in advance to a particular monetary value for an Inclusion. We do not exclude liability for emotional or psychological harm where such liability cannot lawfully be excluded. No statement in these Terms is an admission that any particular category or amount of loss is legally recoverable.

20. Events outside reasonable control

We are not liable, to the extent permitted by law, for delay or failure caused by an event genuinely outside our reasonable control that could not reasonably have been prevented or overcome, including natural disaster, widespread carrier disruption, utility failure, government restriction, serious illness, fire, flood or burglary.

We will take reasonable steps to minimise the effect, keep you informed and resume performance when reasonably possible. If the delay becomes substantial, we will discuss an appropriate alternative, cancellation or refund having regard to work already properly completed and your legal rights.

21. Optional tools, payment providers and third-party services

Our website may provide access to optional tools, payment providers, applications or links operated by independent third parties. Their services may be governed by their own terms and privacy policies.

To the extent permitted by law, we are not responsible for an independent third party's content, availability or conduct where the relevant loss was not caused by our negligence, representations or breach of a non-excludable obligation. You should review the third party's applicable terms before using its service.

22. Intellectual property and customer content

Unless otherwise stated, the website and its content, including our branding, photographs, graphics, product descriptions, written material and original designs, are owned by or licensed to Memories of You. You may view and use the website for personal shopping and information. You must not reproduce, modify, distribute, sell, exploit or use our content commercially without written permission or another lawful basis.

You retain ownership of photographs, stories and other content you provide. You grant us a limited licence to use that content only as reasonably necessary to communicate with you, fulfil your order, keep appropriate business records and exercise our legal rights. Public marketing use is governed by section 24.

Nothing in these Terms prevents fair dealing or another use permitted by law.

23. Prohibited uses

You must not use the website, its content or our services to:

• engage in unlawful, fraudulent or unauthorised activity;
• infringe intellectual-property, privacy or other legal rights;
• harass, abuse, threaten, discriminate against or harm another person;
• upload or transmit malware, viruses or malicious code;
• scrape, probe, disrupt or circumvent website or security features;
• submit materially false or misleading information; or
• interfere with another person's lawful use of the website.

We may restrict access or cancel an unaccepted order where reasonably necessary in response to a material breach. Any action affecting an accepted order will be proportionate and subject to applicable law.

24. Personal information, photographs and records

We may retain order records, process photographs, identification records and communications for administration, quality control, legal compliance, insurance and dispute resolution. Personal information will be handled in accordance with our Privacy Policy and applicable privacy law.

We will not knowingly publish your name, personal story, supplied Inclusion photographs or other identifiable or sensitive information for marketing without permission. Unless you have opted out or a photograph could reasonably identify you or reveal sensitive information, we may photograph the finished jewellery for internal records. Public marketing use requiring consent will be subject to that consent, which may be withdrawn for future use.

25. Refusal or suspension of keepsake work

We may refuse or suspend work where reasonably necessary because material appears unsafe, prohibited or materially different from what was disclosed; instructions are incomplete or contradictory; payment is outstanding; continuing would be unlawful; or the requested result is technically unsafe or impracticable.

We will explain the reason where reasonably possible and deal fairly with amounts paid, taking account of work properly completed, non-recoverable costs and your rights under the Australian Consumer Law.

26. Dispute resolution

If a concern arises, please contact us at info@memoriesofyou.com.au so we can investigate and attempt to resolve it promptly. Both parties agree to communicate honestly and make a genuine attempt to resolve the issue before commencing formal proceedings, except where urgent relief is required or this would unreasonably restrict a legal right.

27. Changes to these Terms

We may update these Terms for future website use and future orders by publishing the revised version and its effective date. The Terms in effect when an order is accepted apply to that order. We will not retrospectively change an existing order without your agreement unless the change is required by law or is reasonably necessary to address an urgent safety issue without reducing your legal rights.

Continued use of the website after an update means the updated website-use provisions will apply from that time. It does not retrospectively alter an existing purchase.

28. General terms

These Terms, together with the order details and policies expressly incorporated into them, constitute the agreement relating to your order. If there is an inconsistency, a specifically agreed written order term will prevail for that order, followed by these Terms and then the incorporated policies, except where the law requires otherwise.

These Terms are governed by the laws of Victoria, Australia. You and we submit to the courts and tribunals with jurisdiction, but this does not deprive you of any protection or forum available under applicable consumer law.

If any provision is unlawful, void or unenforceable, it will be read down to the minimum extent necessary or severed, and the remaining provisions will continue to operate.

Any waiver must be express and applies only to the particular occasion. A delay in enforcing a right is not a waiver of that right.

29. Contact information

Questions, notices and concerns about these Terms may be sent to:

Memories of You Keepsake Jewellery
Email: info@memoriesofyou.com.au

30. Final keepsake consent

By placing an order, ticking the acceptance box, signing an order form, approving a custom design or sending Inclusions after receiving these Terms, you confirm that:

• you have read and understood these Terms;
• you understand that Inclusions may be irreplaceable and that processing carries unavoidable risks;
• you have retained a reserve of the Inclusion where reasonably possible;
• you have authority to provide and authorise processing of the Inclusion; and
• you expressly authorise the transformative and potentially irreversible processing described in section 6.

Your acceptance does not waive any right that cannot lawfully be waived.