Terms and Conditions

Terms and Conditions

About us mv banenr
  1. Background

    1. These terms apply to the ordering, purchase, delivery and servicing of jewellery (Products) and provision of related services (Services) and form a contract between you and Diamondport Pty Ltd ACN 162 523 926 (Diamondport, we or our).  By submitting an order, or making an enquiry for the purchase of Products and/or Services, you agree to the following terms (Terms).
    2. If you are agreeing to these Terms on behalf of a business entity, you represent to us that you have legal authority to bind that entity.  If you do not accept these Terms, you must refrain from purchasing the Products and Services and/or using the Website.
  2. Products

    1. Specifications of our Products are set out on our Website, as amended from time to time.
    2. Our Product range is available for viewing in person at our Brisbane studio located at Suite 402, Level 4, 180 Queen Street, Brisbane 4000 (Store).
    3. Products made specifically to order (Custom Products) are designed by our professional designers using CAD software, and manufactured by our jewellers and subcontractors, in consultation with you.
  3. Ordering and payment

    1. Order
      1. By placing an order for Products with Diamondport, either online or in store, you are making an offer to enter into an agreement to purchase the Product(s) in that order.
    2. Deposit
      1. When you place an order for Custom Products, we will charge you and you agree to pay the price for the Product and any applicable delivery fee. The price of the Product (which includes GST and any other applicable taxes) will be processed in Australian dollars as set out on the order, and shall be due and payable as follows:
        1. a 60% deposit is due at the time of submitting the order (Deposit); and
        2. the remaining 40% of the price is due once the Custom Products are ready for collection.  Payment can be made either prior to, or on the day of collection from the Store.,  Payment must be made, and settled in our account,  prior to delivery to your nominated delivery address.
      2. You may pay for the Products using one of the following methods of payment:
        1. EFTPOS – Mastercard, Visa, AMEX;
        2. cash;
        3. direct deposit; or
        4. a preapproved finance option through Humm, or such other finance facility we may offer from time to time.
      3. You acknowledge that we do not receive details of your credit or debit card directly and that we cannot be held liable for any issues or loss arising from the processing of your account information.
    3. Termination of order
      1. You acknowledge and agree that, if you terminate an order for Custom Products after we have commenced, procurement, designing and/or manufacturing the Products, we will suffer loss not capable of recovery, and we are entitled to keep your payment of the Deposit (in the aggregate amount you have paid up to the termination date) as fair compensation for our loss.
      2. Failure to pay the balance in accordance with your obligations under clause 3.2(a)(ii) gives us the right to immediately terminate the order.
      3. Upon termination of an order under clause 3.3(b), we are entitled to:
        1. retain possession of the Product and deal with it (including offering for sale or redistribution) in our sole discretion; and
        2. retain the Deposit (in the aggregate amount you have paid up to the termination date) or any part thereof where we are unable to sell the item of jewellery to a third party within 3 months of the date of termination as fair compensation for our loss in redistributing the Product.
  4. Delivery

    1. We shall use our best endeavours to deliver the Products, including Custom Products, to your nominated delivery address, or ensure that the Products are available for collection at our Store, within 7 weeks from the date of the order.
    2. You acknowledge and agree that the timeframes set out above are estimates only, and shipping times will vary depending on you location and there may be delays where Products are out of stock, or due to delays during the design process. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay.
  5. Passing of risk and title

    1. Risk in the Products will pass to you on dispatch of the Products. Title to the Products will not pass to you until we have received payment in full for the Products.
  6. Warranties, guarantees and returns

    1. Warranties
      1. All Products sold in store, via the Website or otherwise by Diamondport come with standard warranties and guarantees, in addition to any statutory rights which may apply under the Australian Consumer Law.
      2. All Products subject to warranty claims must be returned to us in their original condition.  If you are not located in Brisbane, Diamondport may arrange a courier to return the Products to our Store.
    2. Resizing
      1. Subject to clause 6.2(b), if you are not completely satisfied with the fit or specifications of the Product, you may contact us to arrange one free resizing.
      2. You acknowledge that if the Product is a Custom Product, you may be liable to pay additional costs to resize the Product in accordance with your amended specifications.
      3. We may require you to pay any transport, insurance or courier costs where a Product is returned for resizing.
    3. Guarantee on manufacturing
      1. All of our Products come with a lifetime warranty on manufacturing for so long as you service the Product with us at least once a year from the date of purchase.
      2. If you do not comply with clause 6.3(a), the warranty in clause 6.3(a) shall be void and shall no longer apply.
      3. This guarantee applies in addition any statutory rights which may apply under the Australian Consumer Law.
    4. Guarantee on workmanship
      1. All Products have a lifetime guarantee on workmanship, covering structural defects in the Product as well as a minor diamond replacement under 0.02ct.
      2. The guarantee does not include loss of the main gemstone, nor any damage to the Product due to fair wear and tear, misuse or damage caused by any modification not undertaken by Diamondport.
    5. Australian Consumer Law
      1. Our Products come with guarantees that cannot be excluded under the Australian Consumer Law.  If the Australian Consumer Law applies, you are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure.
  7. Insurance

      1. Diamondport recommends that you maintain a policy of jewellery insurance over the Product, to cover any loss or damage not expressly covered by the warranties and guarantees in clause 6.
  8. Intellectual Property

      1. The intellectual property rights in the Products that we supply are, and shall remain, the property of Diamondport.  You must do all things that Diamondport reasonably requires to perfect our right, title and interest in and to our intellectual property rights. When using our Website or viewing or purchasing our Products, you must use reasonable endeavours to prevent any infringement of our intellectual property rights and promptly report to us any such infringement that comes to your attention.
      2. Unless otherwise specified in an order, you are only entitled to a copy of any final designs resulting from the provision of any designs for Custom Products, in the form deemed appropriate by us.  Any licence to use any such designs must be agreed between you and us in writing.
      3. Where you terminate an order under clause 3.3(a), or fail to pay the balance owing for a Custom Product under clause 3.2(a)(ii), you assign any intellectual property rights in any design associated with the Custom Product to us.
  9. Limitation of Liability

    1. As far as the law permits and unless otherwise specified in these Terms:
      1. our liability for any injury, loss damage, cost or expense relating to or arising from these Terms, is excluded;
      2. all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are excluded from these Terms;
      3. we shall not be liable for any losses suffered by you as a result of any delays in our supply, delivering or servicing of the Products due to an event outside of our reasonable control, and any such delay does not constitute a breach by us of these Terms.
      4. we shall not be liable for any direct, indirect, special, punitive, incidental, exemplary, contractual, or consequential damages, or any damages whatsoever of any kind, resulting from any loss arising out of or in any way connected with the use of the Products.
    2. If we are found liable in connection with these Terms (whether in contract, tort, right of indemnity, or statute), then irrespective of anything else in these Terms, our cumulative liability in the aggregate (to the fullest extent permitted by law) will in no event exceed the sum of the amounts paid by you to us for the Products.
  10. Privacy

      1. By agreeing to these terms, you agree to the terms of our privacy policy, located at https://diamondport.com.au/.
      2. Any personal information we collect about you via the Website will only be used and disclosed by us in accordance with our privacy policy.
  11. Governing law and jurisdiction

    1. If a dispute arises regarding these Terms, the laws of Queensland, Australia apply. If you access the Website in a jurisdiction other than Queensland, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply.

  12. Invalidity

    1. If any part of the Terms is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms will not be affected and all other clauses remain in full force and effect.
  13. Communications

    1. If you wish to contact us in writing, or if any condition in these Terms requires you to give us notice in writing, you can send this to us by email at [email protected]. We will confirm receipt of this by contacting you in writing, normally by email. If we are required to give you notice in writing, we will do so by email or by pre-paid post to the address you provide or confirm to us.
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