TERMS AND CONDITIONS 

1. DEFINITIONS AND INTERPRETATION

1.1 Definitions 

    In these Terms and Conditions: 

    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.

    Comparable Product means a product that:

    1. is manufactured with the same quality and weight of gold; and
    2. 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 

    Terms means these Terms and Conditions.  

    We, us and our means My Diamonds.  

    you means all individuals or entities accessing this Site for any reason.  

1.2 Interpretation

    Unless the contrary intention appears, in these Terms and Conditions:

    1. Words importing the singular include the plural and vice versa.
    2. Words importing a gender include any gender.
    3. 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

    Welcome to our Site.

    This Site is owned by and its content published by My Diamonds.

    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.

  1. PRIVACY

    Please review our Privacy Policy, which applies to your visit to and use of the Site.

  1. 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.

  1. 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.

  1. 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.  

  1. 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.

  1. 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.

  1. 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.

  1. INDEMNITY

    You indemnify us and our officers, employees and agents against all losses, costs, damages, claims and expenses arising from:

    1. any breach of these Terms by you;
    2. any act or omission by you or an officer, employee or agent of you; or
    3. 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.
 
  1. 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. 
     

  1. 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. 

  1. 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.

    The process for returning a diamond or a jewellery item to My Diamonds is:

    1. Obtain a return authorisation code by calling 1800 766 567.  Write this code on the bottom of your original invoice.
 
    1. Package your return by including:
 
    1. original invoice (with return authorisation code at the bottom);
    2. original valuation certificate where supplied;
    3. original diamond grading certificate where supplied;
    4. all original packaging and collateral material.
 

      If your item was delivered with a valuation certificate and that certificate is not returned, you may be liable for the $250 replacement cost.

      If your item was delivered with a diamond grading certificate and that certificate is not returned, you may be liable for the $500 replacement cost.

      For security reasons, do not write My Diamonds anywhere on the outside of the box.

    1. Insure your package.
 

    You must follow these instructions exactly, failure to do so will prevent the processing of your return.

    Please note that My Diamonds will not be responsible for loss or damage of return shipments.

  1. 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.

     

    Toll Free: 1800 766 567 

  1. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

    This Site is provided by us on an “as is” basis.

    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.

  1. 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. 

  1. 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.

  1. 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. 

  1. 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.   

  1. 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.  

  1. SEVERANCE

    If any of these Terms are invalid or unenforceable, it will be struck out, and the remaining Terms will remain in force.  

  1. 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.

  1. 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.  

  1. CURRENCY OF TERMS AND CONDITIONS

    These Terms were last updated on 1 January 2009.

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