Terms and Conditions
Below is a summary of our terms and conditions.
a) Unless otherwise agreed, the Company's terms of payment require payment to be made prior to delivery of the Goods and immediately upon the rendering of a tax invoice for the Goods to the Customer.Details of the Company’s payment options are set out in Schedule 1.
b) All payments shall be made free of any deductions, withholding or set-off unless otherwise agreed in writing with the Company.
c) If the Customer does not make payment as required by the Trading Terms, the Company may in its absolute discretion require the Customer to pay by way of liquidated damamges for breach of contract a default charge in relation to the unpaid amount calculated by applying an interest rate of 1.5 % per month calculated on the unpaid amount on a daily basis from the date the unpaid amount became due until the date that it is paid in full.
d) If the Customer fails to pay for any Goods or services supplied by the Company when due, then by notice to the Customer the Company may declare any amounts actually or contingently owing by the Customer to the Company to be immediately due and payable.
e) Where the Customer is overdue with any payment or the Company is in receipt of credit references that it regards as unsatisfactory, the Company reserves the right to change the Customer to Cash on Delivery (COD) account and all Goods on a COD account shall be paid for before they are supplied.
f) The Company shall not be responsible and/or liable on removal of Goods and/or materials and/or services from the Customer’s premises due to non -payment of moneys outstanding.
g) Credit facilities may be suspended or withdrawn at the discretion of the Company at any time.
h) Where payment is to be made by cash the amount owing is due and payable immediately.
CANCELLATIONS AND VARIATIONS
a) The Customer may not cancel or vary an order unless the Company in its absolute discretion consents in writing to the cancellation or variation.
b) The Company may charge the Customer for any reasonable costs incurred in preparation of any order that has been varied or cancelled.
c) The Company reserves the right to immediately cancel any contract for the supply of Goods or suspend any such supply without incurring any liability to the Customer in any of the following circumstances:
- (i) The Customer is overdue with any payment due under these Trading terms or is otherwise in breach of these Trading Terms or
- (ii) An Insolvency Event has occurred./li>
e) Cancellation by the Company under this clause shall be without prejudice to the Company’s right to recover payment from the Customer for Goods previously supplied.
SCHEDULE 1: PAYMENT OPTIONS
The Company accepts the following payment options for purchases of Goods:
- Bank transfer
- Bank or personal cheque (subject to clearance)
- Chinese Union pay
- Bank transfer
Further notes repayment options:
(i) International/AMEX cards:
- (a) 1.8% surcharge on all credit cards.
- (b) 1.8% surcharge on AMEX
- (a) Paypal will not be accepted in store. Where purchases are made using PayPal on line , the Goods can be collected in store (proof of address required to match address on paypal file) or shipped to the address supplied to the Company from the Customer’s PayPal account only (must be a street address, not a post office box)
- (b) Customers must ensure the address entered is correct as a change of address is not possible once the Goods have been ordered. There is a 2.8% surcharge applied to domestic PayPal purchases and 3.8% surcharge applied to Interationl Paypal purchases. The Customer must sign up for a PayPal account in order for PayPal to verify them. This is a security procedure that will protect the Customer. To sign up for PayPal, please visit www.paypal.com.
(iii) Bank Transfers:
- It can take up to 2-3 working days to clear bank transfers. The Company will not acknowledge payment until funds are cleared. Title to the Goods remains with the Company until the funds have been cleared.
(iv) Bank/personal Cheques:
- (a) All cheques must be made out to Diamond Story Pty Ltd.
- (b) The Company will not acknowledge payment until funds are cleared.
- c) Title to the Goods remains with the Company until the funds have been cleared.
- (a) Subject to clause (b) below, a 6 week lay-by arrangements apply unless stated otherwise. Payments must be made weekly until the lay-by has been finalised
- (b) Laybys only apply to diamonds and settings in stock. Any diamonds ordered from overseas cannot be put on layby and will need to be paid in full.
vii). International customers:
Goods must be paid in full before the Goods will be ordered and shipped.
(viii) Collection Arrangements:
Customers must produce their original copy of the tax invoice to pick up Goods in store. If a Customer has misplaced their tax invoice, 100 points of ID (including photo) must be produced prior to the collection of the Goods.
ITEM 5- THE COMPANY’S DELIVERY POLICY
(i) Whilst the Company shall use all reasonable endeavors to comply with the Customer's particular delivery requirements and order specifications, the Customer will not be entitled to claim compensation by reason of failure to comply with their delivery requirements or minor variations to the Goods.
(ii) Delivery shall be deemed to have taken place when the Company or its agent delivers the Goods to or leaves the Goods at the address shown on the Tax Invoice for the delivery of such Goods.
ITEM 6- THE COMPANY’S SHIPPING POLICY
The Company’s current shipping policy with respect to orders placed by Customers with the Company is as follows:
(i) It provides shipping on all orders to Customers in Australia and New Zealand at standard Auspost rates. Goods will be shipped using Express post with signature required. These orders are also fully insured by the Company.
(ii) Each order shipped by the Company will include:
- (a) The item or items ordered;
- (b) Where applicable, a Diamond Certificate;
- (c) Where applicable, a Valuation Certificate and
- (d) Approriate Diamond Story Packaging.
(iii) Orders placed:
- (a) Between 9:30 am - 2:30 pm on Monday - Friday will be processed same day and
- (b) Orders placed outside of these hours or on Saturdays, Sundays and Public Holidays will be processed on the following business day.
(iv) We use GT-EX couriers for shipments within metro areas of Australia. For all other areas we use Auspost Express services. All services are tracked and require signature upon delivery.
(iv) We use Auspost Express shipping for shipping to New Zealand. All other international destinations are shipped via FedEx priority. Shipping rates vary depending on country. Duties and taxes may need to be payable by the customer at the destination country.
(v) It does not ship to post office boxes. It only ships to a Customer’s home or work address where there is a person available to collect and sign for an order. If no one is available, Gt-Ex or Auspost will leave a collect card and the Customer will be advised of collection options.
If you are not available to accept delivery of your shipment, your courier may leave you a delivery attempt notice with information on when the next delivery attempt will be made. If you need more information about a package, please call Fedex Customer Service. You can also track the status of you shipment online at fedex.com.
PayPal purchases will only be shipped to the address on invoice unless by prior arrangement at Diamond Storys discretion.
(vi) It recommends the examination of a package before signing or receiving goods that look to be tampered or damaged, please contact Diamond Story immediately on +61 3 9642 3649 or [email protected] if you notice this
ITEM 7 : THE COMPANY’S RETURNS, REFUNDS & EXCHANGE POLICY
The Company’s returns, refunds and exchange policies are as follows:
A. Jewellery Guarantee
- (i) The Company stands by the quality and craftsmanship of its jewellery. All of the Company’s jewellery is manufactured with the highest quality materials, using the latest in innovative technology and created by highly skilled designers and jewellers.
- (ii) All jewellery is thoroughly inspected before it is shipped., Customers are provided with a lifetime guarantee against manufacturing faults on all Diamond Story manufactured items. If for any reason a Customer finds a manufacturing fault with their jewellery item, they should bring it in to the Company’s store or ship it to the Company to be assessed by the Company’s jewellers. Repairs for manufacturing faults are free of charge to the Customer.
- (iii) If it is found that any damage is the result of general wear and tear (this includes damage such as dents on claws and band, scratches), the Customer will be charged a repair fee. Customers will always be notified of the assessment outcome before a repair is undertaken.
- (iv) The above guarantee does not cover general wear and tear or physical damage to the item, loss of stones or theft. The Company recommends that Customers take out insurance for their jewellery items.
- (v) The Company will not be held accountable for any items repaired or altered by another jeweller other than Diamond Story or its agents. Any repairs or alterations made without the agreement of the Company will void any return/refund or exchange as well as void the lifetime guarantee.
B. Claims and Returns
- (i) In so far as permitted under the Australian Consumer Law, the following claims and returns procedures shall apply to all purchases made by Customers from the Company.
- (ii) Unless otherwise Customers will be responsible for immediate examination of the Goods upon arrival at their destination and will be taken to have accepted any Goods received by them as being in accordance with its order unless it notifies the Company in writing of its claim, including invoicing shortages, within 14 days from from the date that the order is collected.
- (iii) No return of Goods that are allegedly defective or faulty will be accepted by the Company unless either: • The Customer is a Consumer in relation to those Goods and is entitled to return them because a Consumer Guarantee applies; or • The Company has given prior written authorization for the return of the Goods.
- (iv) The Customer must contact the Company first before returning an item. All Goods for return will be inspected by a representative of the Company prior to the Company accepting any obligation for the return of the Goods. Requests for refund or exchange will be managed by the Company’s quality control department. They will assess the condition of the returned item and only unworn items in their original condition and packaging will be accepted.
The Company may, in its discretion, refuse to accept a return of the Goods that:
- (a) are merely the subject of general wear and tear damage or
- (b) have been altered, engraved, resized or modified or
- (c) are the subject of a claim that is more than 14 days from the date of purchase or repair of the Goods.
Any dispute as to what is reasonable “general wear and tear damage’ or any other dispute under these provisions shall be referred to the the President of the Jewellery Association of Australia in accordance with the dispute resolution procedures set out in paragraphs 16 of the Trading Terms.
(v) If the Company consents to the return of any Goods under clause (iii) , the Customer must:
- Provide to the Company a written statement setting out the reasons for return of the Goods;
- Give the Company details of the original invoice number and the date of delivery of the Goods; and
- Provide to the Company a copy of the receipt or delivery docket relating to the Goods.
(vi) Other conditions relating to Jewellery refunds:
- (a) Exchange or credit notes are valid for 30 days from the date the order is collected by the Customer.
- (b) 14 day Refunds: not applicable to custom made/modified goods/goods.
- (c) The return process takes up to 5 business days to process. The Customer will be notified of the outcome once the return has been assessed.
- (d) Shipping costs and insurance associated with the return or exchange of items are non- refundable and are the shipper’s responsibility.
- (e) Refunds for returned items will be issued in the same form they were originally paid.
- (f) Jewellery items received outside of the refund period will not be accepted.
- (g) No refunds on sale or clearance items.
- (h) No refund or exchange on custom made Goods- this includes products that have been engraved, resized or modified from their original design in any way. Cancellations on custom made items and overseas orders will incur a cancellation fee to cover any reasonable costs incurred by the Company relating to the cancellation of the order.
C. Loose Diamonds Claims, Returns and Exchange Policy
The following money back guarantee (“MBG”) exchange and refund policies and procedures shall apply to:
(i) Diamonds purchased from the Company’s In Store Selection:
- Stock diamonds can be viewed in store at any time,
- These diamonds can be returned and refunded in full within 14 days of purchase or can be exchanged and refund if the order fits the 30 day moneyback arrangements set out herein
- The Company will not accept any returns of loose or set diamonds without the original GIA certificate (as GIA no longer makes replacement certificates)
- The MBG is valid for 14 days from the date the order is collected by the customer. Goods received outside of this 14 day period will not be accepted.
- The 14 day MBG will only be valid if the Customer pays for the Goods at the time of placing the order
- If a Customer decides to pay by installments via the Company’s layby policy, the 14 day MBG will not be applicable
- Items that are deemed special orders or custom made Goods, will be eligible for the 14 day MBG for the diamond ONLY. Customers cannot return or exchange the setting.
- Sale and/or discounted items will not be valid for the MBG.
(ii) Diamonds purchased from the Company’s Online Selection:
- These diamonds can be returned and refunded within 14 days of purchase or can be exchanged and refund if the order fits the 14 day MBG arrangements herein described.
- The Company will not accept any returns of loose or set diamonds without a ORIGINAL GIA certificate (as GIA no longer makes replacement certificates)
- The MBG is valid for 14 days from the date the order is shipped. Diamonds received outside of this 14 day period will not be accepted
- The Customer has 14 days from the date that the order is shipped to return their order – the order can arrive outside of the 14 days if the return shipment has been postmarked with a date inside of the 14 day MBG period.
- The 14 day MBG policy is valid for Australian and New Zealand Customers only
- No MBG is offered to international Customers (excluding New Zealand)
- Sale items will not be valid for the MBG
Note- MBG may not apply in some situations:
For both in store and online purchases if a Customer:
- Makes two different purchases of stones and the second purchase is made under a different name;
- Purchases two or more diamonds within a period of 12 months from the date of the first purchase; then in each such case the MBG shall, in the Company’s absolute discretion, apply only to the first purchase.
- MBG will not apply to any goods if the customer has claimed GST through the TRS scheme.
In some other cases, the MBG may in the Company’s absolute discretion, not apply at all. These include situations where:
- The Customer has purchased a diamond for a ring/pendant/earring or other piece of jewellery and likes the diamond but has decided not to proceed with the purchase because they do not like the design of the item after the Company has changed the setting at the Customer’s request;
- If a Customer decides to proceed with a diamond purchase after they have been advised by the Company not to;
- If the Goods have been damaged or has been worn;
- If the diamond is not returned to the Company in its original packing;
- If a third party has repaired or resized the diamond; and
- If the Customer has not paid the full value of the diamonds and/or the ring.
(iii) Diamonds sourced from Affiliated International Suppliers- applies to online purchases only
The following return and refund policies and procedures apply to these diamonds:
- (a) These diamonds can be brought in from overseas, (no viewing).
- (b) These diamonds can be returned and refunded within 14 days of purchase provided always that the MGB poicies and procedures outlined in points C (i) and (ii) above shall apply.
- (c) Diamonds received outside of the 14 day period will not be accepted.
- (d) Diamonds returned without their original Diamond Certificate will not be accepted as GIA no longer makes replacement certificates.
- (e) The Customer must contact the Company first before returning an item.
D. Further returns and refunds policies and procedures
In addition to the returns and refund policies set out above , the following additional policies and procedures also apply to the return of Goods to the Company and must be complied with by the Customer:
- (i) Where a Customer wishes to return a diamond, seek a refund or exchange or repair a diamond that they have purchased they must first contact the Company before proceeding to obtain the Company’s consent for such return. If return is agreed to, the Customer will then be given the necessary instructions on how to proceed with the return.
- (ii) When returning Goods, a Customer must include all the original packaging, the original certificate(s) and a copy of the invoice.
- (iii) For security purposes, a Customer should not write the words “Diamond Story”, or the word “jewellery” or any other words indicating jewellery (diamonds or gold) on the outside of the box or package.
- (iv) If the Customer is advised to return any Goods to the Company, they should ship the item to the Melbourne office. (v) When returning Goods, a Customer should send the package by registered mail as this is a safe way to ship valuable items.
- (vi) Customers should insure any package they send to the Company for the entire amount of the invoice including shipping/handling costs. For returns in excess of $5000, the Customer should contact a third party insurance company for their protection coverage. The Customer shall bear the costs of any third party insurance and return shipping
- (vii) Loss, damage or theft of return shipments are the sole responsibility of the Customer and the Company shall have no liability for any loss or damage that the Customer may suffer during return shipping. For the avoidance of doubt, no refund will be granted if the Company does not receive the package from the Customer for any reason including without limitation by reason of theft or any act or omission by the Customer or a third party.
- (viii) If the Customer is advised to come into the Company’s store in person, the Company’s address is Suite 3, Level 6, 365 Little Collins St, Melbourne VIC 3000, Australia.
- (ix) Once a return is accepted by the Company, a representative of the Company will contact the Customer to handle the conditions of the return, exchange or repair.
- (x) Any refund will cover only the price of the item, excluding shipping/handling and insurance costs.
- (xi) Any returns, refunds, exchanges and repairs that do not comply with the Company’s policies and procedures set out in this Schedule will not be accepted.
ITEM 8- : THE COMPANY’S PRICE MATCH GUARANTEE POLICY
The Company will match the price that a Customer is required to pay for a diamond against the price a Customer can obtain for the exact same diamond from a competitor of the Company subject to the following conditions:
- (i) The diamond to be matched must be that exact diamond (verified with GIA certification number)
- (ii) The price match guarantee will only be applied if it is requested by the Customer before the diamond has been purchased from the Company;
- (iii) The Customer must provide evidence to the Company’s reasonable satisfaction of the source of the price that they require to be matched and
- (iv) The Company has an absolute discretion as to whether match the competitor’s price.
ITEM 12: THE COMPANY’S RESIZING POLICY
- Customers are entitled to one complimentary resize a year for the lifetime of their purchase.
- The Customer has the option of resizing by sending their item via insured courier (at their cost) the Company must be notified in writing that a resizing has been requested or bringing their item into the company’s Melbourne store.
- Resizing takes approximately 3-5 days for completion.
- The free resize applies to resizing up or down two sizes. Any resizes greater than two sizes will incur a charge.
- The Company cannot resize eternity rings or any diamond band rings with diamonds covering more than half of the band.
- At the discretion of the Company’s store manager, the Company may agree to polish and plate non Diamond Story jewellery provided always that the Company will not be liable for any stones falling out, chipped diamonds, warranties being void due to our handling of non Diamond Story jewellery.
- Customers are entitled to one complimentary resize a year for the lifetime of their purchase.
- Customers have the option of resizing by sending their item via insured courier (at their cost) the Company must be notified in writing that a resizing has been requested or bringing their item into the Company’s Melbourne store.
- Resizing takes 3-5 days for completion.
- The Company does not resize non Diamond Story jewellery.
- The Company is unable to resize more than two sizes up or down.
- The Company cannot resize eternity rings or any diamond band rings with diamonds covering more than half of the band.
ITEM 17: THE COMPANY’S DIAMOND INSPECTION POLICY
The following Inspection Policy applies to all purchases made online or instore:
- Every diamond purchase from the Company undergoes careful inspection to ensure its suitability
- If the Company deems that a particular a diamond is unsuitable for any reason based on its expertise, the Customer will be advised of this fact via email or telephone. (Note; if the Customer still wishes to proceed with the order, the MBG will not apply):
ITEM 18: THE COMPANY’S DIAMOND FEED POLICY
- Prices and diamond availability will vary often as the diamond feed is live and being accessed worldwide
- Customers need to be aware that their selection may not be available from the time they begin using our website to the end
- Any diamond purchased by a Customer online will be carefully inspected within 48 hours to ensure suitability and availability.
ITEM 19: THE COMPANY’S POLICY RE CUSTOMERS’ OWN DIAMONDS/GEMSTONES
- Customers may bring their own diamonds into the Company’s store in order to set in one of the Company’s settings or a custom setting made by Diamond Story.
- The Company will not be liable if the Customer’s stone is treated and loss or damage occurs in the course of this process.
- The Company will only accept a Customer stone if it comes with certification and a laser number.
ITEM 20: COLLECTION ARRANGEMENTS
- Customers must bring a copy of the relevant invoice relating to their purchase of the Goods when collecting their order.
- If they do not bring their invoice, they must verify their identity with 100 points of ID (including photo id).
- The Company will not be liable to the Customer for any loss or damage that they may suffer arising from any act or omission by any staff, employee
ITEM 21: PRICING ERRORS
- Diamond Story reserves the right to cancel a sale if we believe one of the following has happened
- Human error or computer program error displaying incorrect pricing.
- If we believe the sale is not genuine we will cancel the sale and either refund all monies to the customer or forward to relevant authorities.
- Diamond Story will do our best to ensure pricinf reflected on the website is accurate but please note that errors do occur from time to time and we apologise in advance if this affects you.