28 DIAMONDS TERMS AND CONDITIONS

In these terms and conditions, "we", "us" and "our" refers to 28 DIAMONDS PTY. LTD. Your access to and use of all information on this website including purchase of our product/s is provided subject to the following terms and conditions.

We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We recommend that each time you access our website you read these terms and conditions.

Our Website Services
1. Our services are provided to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.
2. All prices are in Australian Dollars (AUD) and are exclusive of GST. We endeavour to ensure that our price list is current. Our price list can be accessed from our home page and we reserve the right to amend our prices at any time. If you have placed an order and we do not have sufficient stock to fulfil your order, we reserve the right to cancel your order should our prices change.
Product Descriptions
3. We strive to ensure that our products are described as accurately as possible on our website. However, we do not warrant that the description is accurate. Where we become aware of any misdescription, we reserve the right to correct any error or omission.
4. Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product.
Product Orders
5. Our products are for sale to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.
6. The cost of Services is evaluated and quoted based on the professional estimation by our skilled technicians of the costs that would likely be incurred to provide the best outcome for the requested Services. We will not proceed with any Services until you provide us with your full consent to proceed in accordance with the quote provide to you in the Confirmation Notice, which for most Services we will be unable to provide until your goods have been received by us for a physical review and evaluation. Our prices are subjected to change without notice and are updated on a regular basis.
7. We endeavour to ensure that our product list is current however we give no undertaking as to the availability of any product advertised on our website.
8. Packaging and postage is an additional charge, calculated at time of purchase.
9. When you order from us, we require you to provide your name, address for delivery, your email address, telephone contact, and credit card details. We undertake to take due care with this information; however in providing us with such information you accept that we are not liable for its misuse due to any error in transmission or virus or malware.
10. We undertake to accept or reject your order within Three (3) days. If we have not responded to you within Three (3) days, your offer is deemed to be rejected. We are not required to give reasons for rejecting your offer to purchase however the most likely reason for rejecting your offer will be that we do not currently have that product in stock.
11. Once you have submitted an order, you may not cancel that order even if our acceptance or rejection of your offer is still pending.
12. Delivery of your ordered product/s will be as set out on our website. Title in the goods passes to you when we have received payment. Our terms of payment are set out on the order page.
13. All risk of loss or damage to the goods passes to you when we despatch the goods. At the time of conducting your transaction, we give you the option to take out carrier insurance.
Order Cancellation Due To Error
14. We make every attempt to avoid errors in pricing and product information, however, on the very rare occasion that a mistake occurs, we reserve the right to correct it.
15. Where a product has been listed at the incorrect price or with incorrect descriptive information or image due to typographical error or similar oversight, we reserve the right to cancel a transaction. Where your credit card has been charged, we will immediately refund your credit card for the total amount debited.
16. If the goods under the order has been shipped prior to the error being noticed, you agree to return the goods or pay the price difference. We agree to pay for the reasonable costs of returning the goods to us.
Conditions and Exclusions

Our Promise: That the product sold in 28 Diamonds is premium quality with each of the characteristics stated on the Certificate at the time of sale subject only to the following:

17. "Warranty" means this document; "we", "us" and "our" refers to 28 Diamonds. "Certificate" means 28 Diamonds Certificate that accompanies this Warranty; "Diamond" means the diamond identified in the Certificate; "Jewellery" means the item of jewellery containing the Diamond; "your" refers to you, the first purchaser of the Jewellery, and the first person to whom you give the Jewellery during your lifetime.
18. We are committed to ensuring the quality of your purchase; we stand behind everything that we sell and warrant that all items will be free from any manufacturing defects at the time of delivery. We will repair and maintain your jewellery for a lifetime.
19. This Warranty remains in effect during the lifetime for so long as you own the Jewellery.
20. In the event that there is ever a problem with your jewellery or you are in need of other services that are not covered under our lifetime warranty, your jewellery can be mailed back to our office for evaluation. Once inspected, should charges apply, you will be notified prior to any work being done to service your jewellery.
21. This warranty does not apply to any non- 28 Diamonds Diamond or Product, even if packed or sold with 28 Diamonds name by another party. Other than 28 Diamonds, may provide their own warranties to you.
22. 28 Diamonds does not warrant if product is repaired, maintenance, sizing or other service performed by someone other than us.
23. 28 Diamonds is not responsible for damage/ loss from failure to follow instructions relating to the 28 Diamonds Diamond use.
24. This warranty is subjected to following instructions:
    1. Fine jewellery is not impervious to normal wear, activities or trauma just like the rings are not safe in hands as it is subject to various abuse. No warranties are provided in case of damage from normal wear, product loss, loss of stones or theft. Such damage or loss are also not covered that happened due to the non-fulfilment of repairs essential in maintaining the integrity of the product.
25. Few Instances of common jewellery subjects that are not included under manufacturing defects are:
    1. Smearing caused by exposure to chemicals, make-up, swimming pools, hot tubs, or bathing.
    2. Prongs or precious metals that are sworn over and requires repair.
    3. Prongs that are bent, caught, or worn out permitting a stone to be lost due to normal wear or other harm.
    4. A stone is lost or has fallen out in course of normal wear or other damages by reason of chipping or breaking.
26. This warranty does not affect your statutory rights.
Product Returns
27. We undertake to reimburse you for any product delivered to you that is faulty or is in a damaged condition. If you wish to return a faulty or damaged product, you must notify us through our designated "contact us" webpage where we set out our requirements relating to the return of such goods.
28. We, at our discretion, may undertake to exchange any undamaged product purchased from us so long as it is returned unused and with proof of purchase within Thirty (30) days of purchase however we will not provide any refund of such purchase.
29. Please note that no refunds will be provided on custom engraved items or custom-made products except for defective or faulty products.
30. An item cannot be considered in original condition if it shows signs of been worn, has been altered in anyway, has been resized or damaged in anyway (this includes damage in transit while being returned).
31. Where any such returns are agreed, we are entitled to charge from the refunded amount to the purchaser costs for any restocking fees and/or labour costs – we will notify you of these costs prior to you deciding whether or not to return the goods to us. If undamaged goods are returned to us for exchange, we also do not refund any packing and postage charges. Return of undamaged goods for exchange is entirely at your cost and risk.
32. If we are unable at the time of return to replace or exchange faulty or defective goods, we undertake to reimburse your credit card for the amount initially debited for the purchase including packaging and postage charges.
Site Access
33. When you visit our website, we give you a limited licence to access and use our information for personal use.
34. You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.
35. Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.
36. The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.
Hyperlinks
37. This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
38. Linking our website is not permitted. We reserve the right to serve you with notice if we become aware of such linking.
Intellectual Property Rights
39. The copyright to all content on this website including applets, graphics, images, layouts, and text belongs to us or we have a licence to use those materials.
40. All trade marks, brands, and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.
41. We own all designs, renderings, drawings and models submitted to or created by our employees, agents, contractors and/or our designers. By providing us with your own drawings or designs to design and make your products, you hereby grant us an irrevocable, perpetual, nonexclusive, royalty-free, fully paid-up, worldwide license to use, copy, modify, and display all or any portion of works you provided to us and incorporated into any custom-made products developed and delivered to you. We reserve the right to market, publicise and share any and all designs and images of the design and products created.
Disclaimers
42. Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.
43. We endeavour to ensure that the images on our website represent the products as accurately as possible. The appearance of the products may vary, due to your monitor settings, pixel definitions or our digital photography lighting etc. Therefore we cannot guarantee that the sizing and colour will be rendered correctly on your screen and all images are intended solely as a guide only and cannot be relied upon.
44. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
45. We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
46. From time to time we may host third party content on our website such as advertisements and endorsements belonging to other traders. Responsibility for the content of such material rests with the owners of that material and we are not responsible for any errors or omissions in such material.
Statutory Guarantees and Warranties to Consumers
47. Schedule 2 of the Competition and Consumer Act 2010 ("C&C Act") defines a consumer. Under the C&C Act, we are a supplier of either goods or services or both to you, and as a consumer, the C&C Act gives you statutory guarantees. Attached to the Standard Terms and Conditions are:-
    1. Schedule 2 of the C&C Act; and
    2. those statutory guarantees, all of which are given by us to you if you are a consumer.
48. If you are a consumer within the meaning of Schedule 2 of the C&C Act of our goods or services then we give you a warranty that at the time of supply of those goods or services to you, if they are defective then:-
    1. We will repair or replace the goods or any part of them that is defective; or
    2. Provide again or rectify any services or part of them that are defective; or
    3. Wholly or partly recompense you if they are defective.
49. As a consumer under the C&C Act you may be entitled to receive from us notices under Schedule 2 section 103 of the C&C Act. In that regard:-
    1. If you are a consumer within the meaning of Schedule 2 of the C&C Act and the goods or services we are providing relate to the repair of consumer goods then we will give you any notice which we are obliged to give you under Schedule 2 section 103 of the C&C Act.
    2. If we are a repairer of goods capable of retaining user-generated data then we hereby give you notice that the repair of those goods may result in the loss of the data.
    3. If we are a repairer and our practice is to supply refurbished goods as an alternative to repairing your defective goods or to use refurbished parts in the repair, then we give you notice that the goods presented by you to us for repair may be replaced by refurbished goods of the same type rather than being repaired. We also give you notice that we may use in the repair of your goods, refurbished parts.
Limitation of Liability
50. If you are not a consumer within the meaning of Schedule 2 of the C&C Act then this clause applies to you. If you are a consumer within the meaning of the C&C Act then this clause has no effect whatsoever to in any way limit our liability or your rights. If you are not a consumer:-
    1. To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the services again or payment of the costs of having those services supplied again.
    2. We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied.
    3. We do not accept liability for anything contained in the post of a user or in any form of communication which originates with a user and not with us.
    4. We do not participate in any way in the transactions between our users.
Indemnity
51. By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs, and expenses including legal fees arising from or in connection with your use of our website.
52. By providing any instructions, design, or drawing to design or make your product, you guarantee that it is accurate and you have the intellectual property rights or are authorised by the intellectual property rights owners to do so. You agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with the instructions, design, or drawing you provided.
Force Majeure
53. If a Force Majeure event causing delay continues for more than Thirty (30) days, we may terminate this Agreement by giving at least Seven (7) days notice to you. "Force Majeure" means any act, circumstance or omission over which we could not reasonably have exercised control.
Jurisdiction
54. These terms and conditions are to be governed by and construed in accordance with the laws of New South Wales and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in New South Wales and you agree to submit to the jurisdiction of those Courts.
55. If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
Privacy
56. We undertake to take all due care with any information which you may provide to us when accessing our website. However, we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
57. Our compliance with privacy legislation is set out in our separate Privacy Policy which may be accessed from our home page.