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Terms and Conditions

1. INTRODUCTION

Welcome to the MY Diamonds Pty Ltd website.

This site is owned by and its content published by MY Diamonds Pty Ltd.

These Terms and Conditions set out the terms on which you may use the site. By using this website, you acknowledge that you have read and understood, and agree to be bound these Terms and Conditions. If you do not accept these Terms, please do not use this website.

2. PRIVACY

Please review our Privacy Statement, which applies to your visit to and use of the website.

3. INTELLECTUAL PROPERTY

We own and operate this website.

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.

You may only use this website for your personal and non-commercial purposes. Except to the extent permitted by relevant law, you may not use, copy, modify, transmit, store, publish or distribute the material on this website or create any other material using materials on this website, without obtaining our prior written consent.

4. YOUR ACCOUNT

If you access or use this website, 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 website 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.

5. COMMENTS AND SUGGESTIONS

We appreciate hearing from our customers and welcome your comments and suggestions regarding the website 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 request 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 our property and shall not be subject to any obligation of confidentiality on our part. We will 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.

6. PRODUCT DESCRIPTIONS

We take all reasonable efforts to ensure that descriptions and specifications for products listed for sale on our website are as technically accurate as possible.

Whilst we take reasonable care to ensure that product images shown on the website are an accurate representation of the actual product it is inevitable that in the course of reproducing images on our website the product may appear smaller or larger than actual sizes.

The colours we use, as well as the display and colour 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 colour, 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 we offer is not as described, your sole remedy is to return it to us in unused condition.

We take all reasonable steps to ensure that all products advertised on the website are available however we do not guarantee the availability of any product.

7. LINKS TO OTHER SITES

This website contains links to web sites that are not maintained or updated by us. 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 website 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 websites, we accept no liability if you suffer any loss or damage as a result of using them.

8. SECURITY

Whilst we use the latest in encryption 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.

9. INDEMNITY

You indemnify us and our officers, employees and agents against all losses, costs, damages, claims and expenses arising from:
(a) any breach of these Terms and Conditions by you;
(b) any act or omission by you or an officer, employee or agent of you; or
(c) 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.

10. 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.

For the avoidance of doubt:

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:
(a) is manufactured with the same quality and weight of gold; and
(b) contains diamonds with the same diamond grading certification, colour, clarity, cut, carat weight.

11. 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, we will start manufacturing the goods and we will not accept any cancellations after this time.

12. RETURN POLICY

Under Australian consumer law you have certain rights to return or have repaired goods defective in materials and/or workmanship or goods unfit for purpose.

In addition to these rights under Australian consumer law, if you are not completely satisfied with any ready made goods that are purchased from this website 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. For the avoidance of doubt, this 14 day money back guarantee does not apply to custom made goods purchased from us.

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. 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:
Step 1: Obtain a return authorisation code by calling 1300 66 55 20. Write this code on the bottom of your original invoice.

Step 2: Package your return by including:
(a) original invoice (with return authorisation code at the bottom);
(b) original valuation certificate where supplied;
(c) original diamond grading certificate where supplied;
(d) 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.

Step 3: Insure your package.

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

If you have any questions about our return procedure, please contact us at service@mydiamonds.com.au.

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

13. TWELVE MONTH WARRANTY

All of our diamond jewellery is manufactured using the highest quality materials and is inspected by us and our gemmologist 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 cleaned 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.

Goods manufactured from white gold are plated with rhodium to enhance their appearance. It is possible for this rhodium plating to wear off during normal wear and tear. This Warranty excludes rhodium plating.

Please contact our office if you have questions or would like to return your item for any of our free warranty services.

Email: service@mydiamonds.com.au
Toll Free: 1300 66 55 20

14. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

This website 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 website or its content or any of the products made available on the website.

You agree that your access to, and use of the website is at your own risk and that to the maximum extent permitted by law, we disclaim all representations and warranties (whether express or implied).

We do not warrant that this website, 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.

15. AMENDMENTS

Except as otherwise specified, we may amend these Terms and Conditions at any time without notice to you by posting amended Terms and Conditions on the website. The amended Terms and Conditions will take effect immediately when they are posted on the website.

16. TERMINATION

We may terminate this agreement, your registration with or ability to access this website and/or any other service provided to you by us and any other agreement between us, immediately if you breach any of these Terms and Conditions.

17. 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 and Conditions.

18. FORCE MAJEURE

We will not be liable for any delay in performing any of our obligations under these Terms and Conditions 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.

19. BREACH

If we do not act in relation to a breach by you or others of these Terms and Conditions, this does not waive our right to act with respect to subsequent or similar breaches.

20. SEVERANCE

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

21. 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.

22. GOVERNING LAW

These Terms and Conditions 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.

23. CURRENCY

These Terms and Conditions are current as at 1 January 2014.