TERMS AND CONDITIONS
1. DEFINITIONS AND INTERPRETATION
1.1 Definitions
Available means that the other
comparable product is genuine and available to be purchased at the time
you present the price to us. If the comparable product is not available,
we will offer you the best available alternative product that will suit
your requirements.
- is manufactured with the same
quality and weight of gold; and
- contains diamonds with the
same diamond grading certification, colour, clarity, cut, carat weight.
My Diamonds means My Diamonds
Pty Ltd ACN 120 678 346 of Level 36, 71 Eagle Street, Brisbane, Queensland, Australia.
Site
means www.mydiamonds.com.au and includes email bulletins or other content
that we provide to you via or initiated from this Site
We, us and our means My Diamonds.
1.2 Interpretation
Unless the contrary intention appears,
in these Terms and Conditions:
- Words importing the singular
include the plural and vice versa.
- Words importing a gender include
any gender.
- Headings (including those
in brackets at the beginning of paragraphs) are for convenience only
and do not affect the interpretation of these Terms and Conditions.
2. INTRODUCTION
These Terms set out the terms on
which you may use the Site. By using this Site, you acknowledge that
you have read and understood, and agree to be bound these Terms. If
you do not accept these Terms, please do not use this Site.
- PRIVACY
Please review our Privacy Policy,
which applies to your visit to and use of the Site.
- INTELLECTUAL PROPERTY
We own and operate this Site.
All text, graphics, logos, icons, images, artwork, audio and video clips
and software are our property or licensed by us, and they are protected
by Australian and international intellectual property laws, including
copyright.
Please use this Site only for your
personal and non-commercial purposes. Except to the extent permitted
by relevant law, please do not use, copy, modify, transmit, store, publish
or distribute the material on this Site, or create any other material
using materials on this Site, without obtaining our prior written consent.
- YOUR ACCOUNT
If you access or use this Site, you
are responsible for maintaining the confidentiality of your account
and for restricting access to your computer. You agree to be responsible
for all activities that occur under your account or password. If you
are under 18 years old, you may use this Site only with the involvement
of a parent or guardian. We reserve the right to refuse service, terminate
accounts, remove or edit content or cancel orders in our sole discretion.
- COMMENTS AND SUGGESTIONS
We appreciate hearing from our customers
and welcome your comments and suggestions regarding the Site and the
products we offer for sale, provided that such comments and suggestions
are not illegal, obscene, threatening, defamatory, invasive of privacy,
infringements of intellectual property rights or otherwise objectionable
or injurious to third parties and do not contain or consist of viruses,
political campaigning, commercial solicitation, chain letters, mass
mailings or any form of "spam." You may not use a false email
address, impersonate any person, or otherwise mislead us as to the origin
of any comment or suggestion.
If you do submit comments or suggestions,
you should be aware that our policies do not permit us to accept or
consider creative ideas, suggestions, inventions or materials other
than those that we have specifically requested. We value your
feedback on our products and our service but requests that you be specific
in your comments and not submit creative ideas, inventions, suggestions
or materials. Any feedback, comments or suggestions that you do send
to us will become the property of My Diamonds and shall not be subject
to any obligation of confidentiality on the part of My Diamonds. My
Diamonds shall not be liable for any use or disclosure of any such feedback,
comments or suggestions. We shall be entitled to unrestricted use of
any such feedback, comments or suggestions for any purpose whatsoever,
commercial or otherwise, without compensation to you or any other person
who submitted the information.
- PRODUCT DESCRIPTIONS
We makes all reasonable efforts to
display the products listed for sale on our Site as accurately as possible.
However, the colours we use, as well as the display and color capabilities
of your computer monitor, will affect the colours that you actually
see on your screen. We cannot guarantee that your monitor's display
of any product color, texture or detail will be accurate. In addition,
we do not warrant that product descriptions or other content are accurate,
complete, reliable current or error free. While we make every effort
to ensure that our products are described and priced accurately, in
the event that an item is deemed to be priced incorrectly, we reserve
the right to refuse sale of that item. If a product offered by My Diamonds
is not as described, your sole remedy is to return it in unused condition.
- LINKS TO OTHER SITES
This Site contains links to web sites
that are not maintained or updated by My Diamonds. These links
are provided for your convenience only. We are not responsible for the
content or accuracy of other web sites and cannot guarantee that such
web sites will not change without our knowledge. The linking of any
other web sites to this Site should not be construed as an endorsement
of those other sites or their products and services. If you decide to
use any links to access other web sites, we accept no liability if you
suffer any loss or damage as a result of using them.
- SECURITY
Whilst we use the latest in Secure
Sockets Layer (SSL) technology software for transactions with our customers,
we will not be responsible for any damages, consequential losses (whether
direct or indirect) suffered by a customer whose credit card is fraudulently
used or is used in an unauthorised manner.
- INDEMNITY
You indemnify us and our officers,
employees and agents against all losses, costs, damages, claims and
expenses arising from:
- any breach of these Terms
by you;
- any act or omission by you
or an officer, employee or agent of you; or
- any claim, action, demand
or proceeding by a third party against us or our officers, employees
or agents caused or contributed to by you or an officer, employee or
agent of you.
- BEST PRICE
PROMISE
As part of our commitment to providing
you with the best available price, we will beat any genuine price Available
for a Comparable Product provided by an Australian registered businesses.
We have the absolute discretion to
refuse to accept a verbal quote and we may request that you provide
to us a written quote.
- CANCELLATIONS POLICY
If you change your mind within 24
hours after you have placed the order, you can cancel your order and
have the deposit returned to you. On the day after the end of this time
period, My Diamonds will start manufacturing the goods and we will not
accept any cancellations after this time.
- RETURN POLICY
If you are not completely satisfied
with the goods you can return the item provided that it is in its original
condition with the My Diamonds product tag intact, within 14 days of
the date of shipment for a refund or an exchange.
Once we receive your returned item
and we accept it, we will process your refund or new item in a few days.
When we receive your returned item,
we will examine the item.
Please note that items showing signs
of wear or those that have been engraved, altered, resized (by anyone
other than My Diamonds), or damaged in any way cannot be accepted for
return. We cannot accept the return of diamonds that are laser inscribed.
We will not accept any returns without
a My Diamonds return authorisation code or packages that are improperly
packaged or uninsured.
- Obtain a return authorisation
code by calling 1800 766 567. Write this code on the bottom of
your original invoice.
- Package your return by including:
- original invoice (with return
authorisation code at the bottom);
- original valuation certificate
where supplied;
- original diamond grading certificate
where supplied;
- all original packaging and
collateral material.
You must follow these instructions
exactly, failure to do so will prevent the processing of your return.
- LIFETIME WARRANTY
All of our diamond jewellery is manufactured
using the highest quality materials and is inspected by us and our gemmologist (Independent Valuation Report) prior to shipment. Once you receive your jewellery
item you can have it inspected by an independent jeweller or valuer.
Most jewellery stores perform these inspection services for free. Sometimes
a piece of jewellery may contain finger marks or polish residue, these
can be clean by a jeweller or you can clean it yourself using jewellery
cleaner or a toothbrush and warm soapy water.
We stand behind everything we sell
and warrant that all items will be free from any manufacturing defects
at the time of delivery. In the event that there is ever a problem
with your jewellery, it can be mailed back to our offices for inspection.
If the problem is deemed to be from a structural defect, we will repair
or replace the item at no charge to you. If the damage is caused
by normal wear-and-tear, then our offices
will repair your jewellery at cost. You may also return your jewellery
to our offices for free claw (prong) tightening, repolishing, rhodium
plating and cleaning for the life of your fine jewellery (service offered
to all our customers once a year).
Please contact our office if you
have questions or would like to return your item for any of our free
warranty services.
- DISCLAIMER OF WARRANTIES
AND LIMITATION OF LIABILITY
We make no representations or warranties
of any kind, express or implied, as to the operation of this Site or
its content or any of the products made available on the Site.
You agree that your access to, and
use of the Site is at your own risk and that to the maximum extent permitted
by law, we disclaim all representations and warranties (whether express
or implied) including, without limitation, implied warranties of merchantability
and fitness for a particular purpose.
We do not warrant that this Site,
its servers, or email sent from us are free of viruses or other harmful
components. We will not be liable for any damages of any kind
arising from your use of this site, including, without limitation, indirect,
incidental, punitive or consequential damages.
- AMENDMENTS
Except as otherwise specified, we
may amend these Terms at any time without notice to you by posting amended
Terms on the Site. The amended Terms will take effect immediately when
they are posted on the Site.
- TERMINATION
We may terminate this agreement,
your registration with or ability to access this Site and/or any other
service provided to you by us and any other agreement between us, immediately
if you breach any of these Terms.
- OUR RELATIONSHIP
No agency, partnership, joint venture,
employee-employer or franchisor-franchisee relationship is intended
to be created between you and us by these Terms.
- FORCE MAJEURE
We will not be liable for any delay
in performing any of our obligations under these Terms if such delay
is caused by circumstances beyond our reasonable control, and we are
entitled to a reasonable extension of time for the performance of our
obligations in such circumstances.
- BREACH
If we do not act in relation to a
breach by you or others of these Terms, this does not waive our right
to act with respect to subsequent or similar breaches.
- SEVERANCE
If any of these Terms are invalid
or unenforceable, it will be struck out, and the remaining Terms will
remain in force.
- NOTICES
Except as required by law or otherwise
specified by us, you must provide any notices to us by email to info@mydiamonds.com.au.
We will provide any notices to you by email to any email address provided
by you. Notices will be taken to have been received 24 hours after the
email is sent, unless the sending party receives notice that the address
is invalid or that the email has not been received.
- GOVERNING
LAW
These Terms shall be governed by
and construed in accordance with the laws of Queensland, Australia.
You irrevocably and unconditionally submit to the non-exclusive jurisdiction
of the courts of Queensland, Australia and waive any right that you
may have to object to an action being brought in those courts.
- CURRENCY OF TERMS AND
CONDITIONS