References in these Terms and Conditions to “us” or “we” or “the Seller” are references to Pink Diamond Exchange Pty Ltd ACN 650 141 718 trading as Australian Pink Diamond Exchange and/or its related bodies corporate.
Introduction
1.1. In the Seller’s website and the websites of the Seller’s agents and representatives (the Site or Sites), the Seller provides users with access to sales of items online. You are responsible for obtaining access to the Site, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Site.
1.2. In order to make purchases on the Site you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing Information entered and provided by you on the Checkout page.
1.3. The Seller reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.
1.4. By making an offer to purchase items through the Site, you expressly authorise us to perform credit checks and, where the Seller feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit/debit card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorisation and to authorise individual purchase transactions.
1.5. Furthermore, you agree that we may use personal information provided by you in order to conduct appropriate anti-fraud checks. Personal information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
Orders
2.1. You may place orders for the purchase of products through the Site (Online Orders). You must not order products from us if you are under eighteen (18) years of age. We may, at our discretion, treat any order by a person under eighteen (18) years old as void.
2.2. All Online Orders are subject to acceptance by the Seller and item availability, and items in your shopping cart on the Site are not reserved and may be purchased by other customers. The Seller offers products for sale that are in stock and available for dispatch.
Acceptance of Online Orders
3.1. Once you have placed an Online Order, you will receive an email from us acknowledging the details of your Online Order.
3.2. Please note that this email is NOT an acceptance of your Online Order and is solely a confirmation that we have received it.
3.3 All Online Orders are subject to our acceptance at our discretion. The Site and the information on it constitute an invitation to treat and not an offer by us to supply any products. Your Online Order represents an offer from you to purchase the product in accordance with these Terms and Conditions. Orders placed on a weekend or public holiday will not be processed until the next business day. We will not be liable to you or any third party by reason of us withdrawing any item from the Site (whether or not that item has been sold), us removing, screening or editing any materials or content on the Site, or us refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
3.4. Unless you cancel your Online Order, acceptance of your Online Order and completion of the contract between you and the Seller will occur when we email you to confirm that your ordered products have been dispatched.
3.5. Once your Online Order is accepted by us, a binding contract will come into existence between you and us in relation to the ordered products. The contract will comprise the accepted Online Order and these Terms and Conditions (Contract). If there are any inconsistencies between these Terms and Conditions and another provision in the Contract, the provision in these Terms and Conditions will prevail to the extent of inconsistency. No other terms or conditions (including any terms or conditions printed on or referred to in your Online Order) will be binding on us unless we agree in writing.
- Order Cancellation
- 4.1 You may cancel an Online Order any time prior to the products being dispatched. You may not cancel any accepted Online Orders unless we agree to your cancellation, in which case you may be required to pay a cancellation fee.
4.2 You agree that we may not accept your Online Order, or may cancel any accepted Online Orders due to any of the following:
(a) the products you order are not, or no longer available;
(b) we are not able to receive payment for the products, or any payment was subsequently revoked; or
(c) where a product has been listed or advertised with an incorrect price or inaccurate information by mistake,
in which case, you acknowledge and agree that we are under no obligation to sell you any products. If you have made a payment and submitted your Online Order which is cancelled or rejected by us, or if we cancel your accepted Online Order, we will provide you with a full refund for the amount you have paid.
Price and Payment
5.1. Payment for Online Orders can be made by any methods which may be clearly advertised on the Site from time to time. We will not be responsible for any loss or damage (whether direct or indirect) suffered by you if your bank account is fraudulently used or used in an unauthorised manner by a third party.
5.2. You confirm that the credit/debit card that is being used to purchase an Online Order is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to the Seller, we will not be liable for any delay or non-delivery of the products ordered.
5.3. We take reasonable care to make our Site secure. We will NOT store your credit/debit card details on our systems.
5.4. To help ensure that your online shopping experience is safe, simple, and secure, the Seller takes reasonable care, insofar as it is in our power to do so, to keep the details of your Online Order and payment secure, but, in the absence of any negligence on our part, we cannot be held liable for any loss or damage you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Site.
5.5 Subject to clauses 3 and 4, the price payable by you for the products in an accepted Online Order will be the price for the products at the time your Online Order is submitted. We may update or vary the price from time to time without notice to you. Any changes will be effective once they are published on the Site.
5.6 All prices are inclusive of GST and does not include delivery, freight, insurance or any other tax, tariff or duty unless expressly stated otherwise. You are required to pay (where applicable) these charges in addition to, and at the same time as, payment of the price for the products. If we are required to pay any additional tax, tariff, duty, fee or charge (in addition to GST), you must reimburse us with the amount paid.
5.7 Unless expressly stated to the contrary, all payments must be made in Australian currency. Where conversion from foreign currency is required, such currency conversion will be performed by PayPal may be subject to a fee charged by them. The bank may charge additional costs for international bank transfers.
5.8 PayPal payments will be processed as soon as you submit your Order. If you have selected direct deposit as your payment method, payment must be made within seven (7) days of submitting an Order. Please use your Order number as payment reference.
5.9 If your payment is declined for any reason, or we do not receive payment by direct deposit within seven (7) days of your Order, we reserve the right to reject your Order or cancel any accepted Online Orders. We reserve the right to keep or sell the products.
5.10 Your tax invoice will be sent to you when the products are delivered. Please keep your tax invoice safely as it is your proof of purchase.
5.11 You will be required to pay a handling fee in relation to the products which are the subject of the relevant Online Order through the Site at the same time as you make payment of the price for the products. Any such handling fee will be published on the Site.
Delivery, Duties and Taxes
6.1. The Seller will ship all orders free of charge unless otherwise communicated. However, you will continue to be liable for any insurance, tax, tariff or duty.
6.2. We will deliver the products once full payment of the price and all applicable charges (including, without limitation, charges for delivery, freight, insurance or any other tax, tariff or duty) have been received. Any timeframes quoted by us for delivery of the products are estimates only and will not be of the essence of the Contract; or otherwise confer any right of cancellation of an order on you. We will not be liable for any loss or damages (directly or indirectly) sustained by you as a result of our failure to deliver by a particular delivery date.
6.3. We deliver products within Australia and internationally. All products will be delivered by a courier selected by us. If you provide specific delivery instructions (for example, for your product to be to be left at your nominated address without acknowledgment of receipt), we will not be liable or responsible for any loss or damage to your products once the delivery is made in accordance with your instructions.
6.4. If the products are to be delivered outside of Australia, you must comply with all laws and regulations of the country where the products of your accepted Online Order is shipped. You will be listed as the “importer” of the product. All taxes, duties and tariffs will be your sole responsibility. We have no control over such taxes, duties and tariffs and do not have any obligation to ensure any accepted Online Order will clear customs. You should contact relevant customs authority to determine if your products under an accepted Online Order will be charged any taxes duties and tariffs or subject to any laws and regulations.
6.5. We do not take any responsibility where the products of your Online Order is open for inspection by customs authorities. In order to facilitate customs clearance and comply with local laws, we may disclose personal information, such as your name and address and other information such as the price and description of the products and shipment and carrier information.
6.6. You acknowledge that any delays caused by custom clearance are beyond our control. Our original estimated delivery timeframes do not take into account custom clearance. We are not liable for any loss or damage you suffer due to custom clearance delays.
6.7. Unless otherwise agreed, the products are not insured by us and you will bear any risk of loss or damage to the products when delivered to you.
Warranties
- 7.1 Nothing in these Terms and Conditions excludes, restricts or modifies the application of any legislation which by law of any jurisdiction cannot be excluded, restricted or modified. In particular, without limiting the foregoing, where you are considered a “consumer” within the meaning of the Australian Consumer Law, being Schedule 2 of the Competition and Consumer Act 2010 (Cth) (ACL), we give the guarantees to the extent required by the ACL with respect to our products and services.
7.2 If we offer Product Warranty on certain products, the Product Warranty will be granted on the terms and conditions of the relevant warranty card. If you would like to make a claim under the Product Warranty (if available), you must do so in accordance with the terms and conditions of the relevant warranty card.
7.3 Subject to this clause 7, and to the extent permitted by law, all representations, warranties, guarantees, terms and conditions which would otherwise be implied in or imposed on these Terms and Conditions in connection with any goods or services supplied by us or otherwise relating to the performance of our obligations under these Terms and Conditions are excluded.
Limitation of Liabilities
8.1 Where by law we are unable to exclude terms, guarantees, warranties, representations or conditions but are able to limit them, to the extent permissible by law we limit our liability for any breach (including for any breach of the consumer guarantees under the ACL) to a refund of the price paid for the products. You acknowledge that, due to the nature of the Seller’s business, replacement products of the same value or of similar type are unlikely to be available to the Seller.
8.2 We will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable consumer guarantee under the ACL), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the products or these Terms and Conditions, whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
8.3 To the extent permitted by law, our total liability arising out of or in connection with the products or these Terms and Conditions, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the total price paid by you for the purchase of products under these Terms and Conditions.
8.4 Whilst all care, skill and consideration is taken to ensure that the products provided for the purposes of sale are as described, you warrant that at the time of purchase you have conducted any and all due diligence reasonably required by you to verify that the products purchased are as described and we take no responsibility and will not be liable for any claim in damages or otherwise in respect of any products which have been purchased by you from us but which have been misdescribed to us by our ultimate supplier where we have relied upon the description by the supplier in the normal course of business and have undertaken the usual inspection practices which one would reasonably expect from a person or company in our position.
Returns and Refunds
- 9.1. You acknowledge and agree that you will not be entitled to a return or refund of an Online Order if you change your mind regarding the products ordered.
9.2. Where you claim there is a fault or defect for any product purchased and delivered to you pursuant to an Online Order, the Seller will arrange for an appropriate and relevant jewellery expert to determine the alleged fault or defect upon the return of the product to us. You must return the product to the office of the Seller located at Suite 4, 123 Clarence Street, Sydney NSW 2000 within a reasonable time of purchase. Alternatively, the Seller can arrange for a courier to collect the product from you at your cost.
9.3. If the product is determined to be faulty or defective and returned in the same condition as it was dispatched:
(a) if you elected to return the goods by courier, the Seller will reimburse, upon proof of receipt, the cost of that courier; and
(b) the Seller will refund the amount paid by you for the relevant product.
9.4. If the product is not determined to be faulty or defective, the Seller will return the product to you.
9.5. Where the Seller agrees to provide you with a refund, we reserve the right to refund to you the amount less any commission already paid to the relevant financial institution managing the transaction. Any refund we make will be by the same payment method used to purchase the product.
General
- 10.1 These Terms and Conditions are governed by the laws of New South Wales, Australia. The parties each agree to submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.
10.2 We may change any provision in these Terms and Conditions without notice. Any updated Terms and Conditions will be published on the Site and will only apply to orders submitted after the updated Terms and Conditions are published.
10.3 You must not assign any rights and obligations under these Terms and Conditions whether in whole or in part without our prior written consent.
10.4 Any notice in connection with these Terms and Conditions will be deemed to have been duly given when made in writing and delivered or sent by email or post to the party to whom such notice is intended to be given or to such other address or email address as may from time to time be notified in writing to the other party.
10.5 If any provision of these Terms and Conditions is invalid, illegal or unenforceable, these Terms and Conditions take effect (where possible) as if they did not include that provision.
10.6 Any failure by a party to insist upon strict performance by the other of any provision in these Terms and Conditions will not be taken to be a waiver of any existing or future rights in relation to the provision.
10.7 If a dispute arises under these Terms and Conditions, neither of you and us may bring court action against the other (other than proceedings seeking urgent interlocutory relief) without first attempting to resolve the dispute by negotiation for a period of at least 14 days.