Terms and Conditions
Diamonds and Pearls Australia ABN: 387 885 507 37
Terms and Conditions
This website and its contents is owned and operated by Diamonds and Pearls Australia. By accessing or using the website or by purchasing goods via this website, you agree to accept and comply with these Terms and Conditions.
These Terms and Conditions apply to goods and services purchased through Diamonds and Pearls Australia online store as well as governing the use of this website.
Diamonds and Pearls Australia reserves the right to amend these Terms and Conditions at any time without notice.
These Terms and Conditions are governed by and to be construed in accordance with the laws of Victoria, Australia. You irrevocably and unconditionally agree to submit to the exclusive jurisdiction of the courts of Victoria, Australia. In the event that any provision of the Terms and Conditions is held to be invalid, illegal or unenforceable, that provision must to the extent of the invalidity, illegality or unenforceability be ignored and all the other provisions of the Terms and Conditions will remain in full force and effect.
Diamonds and Pearls Australia makes no representation that the content of the website complies with the laws of any country outside Australia.
All rights not expressly granted herein are reserved.
LINKS TO 3RD PARTY WEBSITES
Diamonds and Pearls Australia assumes no responsibility and accepts no liability for the terms and condition or content of third party websites that may be linked to or accessed from this website. The website may also contain third party advertisements which contain embedded hyperlinks to websites operated by third parties. The placement of third party advertisements on this website does not necessarily constitute the recommendation or endorsement of Diamonds and Pearls Australia for such goods or services.
Third party advertisers or content providers are solely responsible to you for any representations or offers made by them, and for any goods or services which you agree to purchase from those third parties.
Any access to the internet can expose you to the risk of computer viruses, malicious computer code and other forms of interference and you acknowledge that you will adopt your own safeguards to ensure that you minimize your risk of damage to your computer, systems or data. We do not warranty that use of this website will not expose you to risks of this nature.
DISCLAIMER AND LIABILITY
This website is provided on an “as is” basis. Diamonds and Pearls Australia has used its best endeavours to ensure that the information contained on and accessed through the website is correct and current at the time of publication.
Diamonds and Pearls Australia does not accept any liability for our failure to comply with any of these terms and conditions due to circumstances that are beyond our reasonable control.
To the fullest extent permissible by law, Diamonds and Pearls Australia, its affiliated companies and their respective directors, officers, employees, agents and contractors:
Do not make any representation, warranty or endorsement of any kind, express or implied, as to the operation of the website, your access to the website or results of your access, or the information, content, materials or products on the website; and do not warrant that the functions on the website will be uninterrupted or error-free, that any defects will be corrected or that the server which stores and transmits content to you is free of viruses or other harmful components.
Subject to any non-excludable liability for breach of conditions or warranties implied by legislation and to the maximum extent permitted by law, under no circumstances (including but not limited to any act or omission on the part of Diamonds and Pearls Australia, its affiliated companies or their respective directors, employees, agents and contractors) will Diamonds and Pearls Australia, its affiliated companies or their respective directors, officers, employees, agents or contractors accept liability for any indirect, incidental, special and/or consequential damages or loss of profits resulting from any use or access, or any inability to use or access the website.
You agree to indemnify and keep indemnified Diamonds and Pearls Australia, its affiliated companies and their directors, officers, employees, agents and contractors (“those indemnified”) in respect of any claim, liability, loss, damage, cost (including legal cost) or expense which those indemnified may suffer or incur as a direct or indirect result of your wilful or negligent act or omission with respect to your use of the website (or any part of it) or the violation of these Terms and Conditions by you, or the infringement by you, of any intellectual property or other right of any person or entity.
INTELLECTUAL PROPERTY & RESTRICTIONS ON USE OF CONTENT
The website is subject to copyright under Australian law and, under international treaties, and the laws of many other countries. The website contains trademarks, intellectual property and copyright protected works which is owned by Diamonds and Pearls Australia, and third parties. Except for the direct purpose of viewing, accessing or interacting with the website for your own personal use or as otherwise indicated on the website or these Terms and Conditions, you must not copy, reproduce, communicate to the public, adapt, print, display, publish, transfer, distribute, store or create derivatives of any of the contents of the website, or incorporate any part of the website into another website without our express consent.
OWNERSHIP OF SUBMISSIONS
a)You further warrant that the content of any submission made will not infringe the intellectual property of any third party.
b)We reserve the right to store any submission made and will do so if there is any legal requirement to do so.
TERMINATION AND CANCELLATION
Diamonds and Pearls Australia reserves the right in its sole discretion to revise the content of, amend links from, or withdraw access to the website, at any time without notice. Any amendments to these Terms and Conditions placed on this website will come into effect immediately and your continued use of the website will constitute agreement to the new Terms and Conditions as amended. Without limiting the operation of any other Terms and Conditions herein, Diamonds and Pearls Australia will not be held liable for loss or damage arising from the exercising of these rights. Any indemnities given by you and limitations on Diamonds and Pearls Australia liability will survive such termination or cancellation.
GOODS AND SERVICES REPRESENTATION
Diamonds and Pearls Australia will take all reasonable steps to ensure that all product descriptions and specifications contained on this website are technically accurate.
a) Whilst all reasonable care has been taken to ensure that product images shown on this website are an accurate representation of the actual product the very nature of imaging product and reproducing those images on a website means that we cannot warrant the accuracy of these representations and product may appear larger or smaller than actual sizes and colours may vary.
b) Whilst we will take all reasonable steps to ensure that all product advertised on this website is available we cannot guarantee the availability of any product.
c) All goods and services offered for sale on this website comply with Australian law but we do not warrant that they will comply to the laws of any other country.
Goods and services offered for sale on this website are available for shipment or delivery within Australia and internationally for Ellendale Jewellery purchases.
a) Purchases of goods and services made on this website must be paid in full at the time of purchase.
b) Payment for goods and services purchased on this website may be made only via Visa or MasterCard credit cards and are made via Wix Secure Payment gateways and Bank Transfers. The PayPal payment system is also available.
c) Whilst we make every effort to ensure the security of your payment through the payment gateway you acknowledge that no transmissions over the internet can be guaranteed as totally secure and therefore you use your credit card to make payments for good services on this website entirely at your own risk.
d) All prices shown on this website are in Australian dollars. Exclusive of GST with no additional charges at the checkout.
SHIPPING OF GOODS PURCHASED ONLINE
a) Goods purchased on this website will be delivered FREE Australia-wide and delivered via Australia Post or secure courier companies.
b) There are no guarantees given on the delivery date when it leaves our hands.
c) Title in the goods purchased will pass to the purchaser upon dispatch from our distribution centre. Transit insurance is provided up to $5,000 provided Australia Post records corroborate that the item was lost whilst in transit.
d) Purchaser will receive an email from Diamonds and Pearls Australia with the shipment details and a link to the Australia Post e-Parcel or selected couriers tracking system from where the purchaser can monitor the progress of the delivery.