Diamonds by Sade (ABN 53173237047) – TERMS AND CONDITIONS

1 Introduction:

(a) This website (Site) is operated by Diamonds by Sadé ABN 53173237047 (we, our or us). These terms and conditions (Terms) are between us and you, the person placing an order for products through the Site.

2 Use of the Site:

1. You accept these Terms by placing an order via the Site.
2. You must not use the Site and/or place an order for products through the Site unless you are at least 18 years old.
3. When using the Site, you must not do or attempt to do anything that is unlawful or inappropriate, including:
   1. anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual`s consent) or any other legal rights;
   2. using the Site to defame, harass, threaten, menace or offend any person;
   3. using the Site for unlawful purposes;
   4. interfering with any user of the Site;
   5. tampering with or modifying the Site (including by transmitting viruses and using trojan horses);
   6. using the Site to send unsolicited electronic messages;
   7. using data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or
   8. facilitating or assisting a third party to do any of the above acts.

3. Accounts

1. You may purchase products through an account with us and we may allow you to register for an account using a social media account. If you log in through your social media account, you authorise us to access certain basic information in accordance with your privacy settings within your social media account.
2. You must ensure that any personal information you give to us when creating an account is accurate and up-to-date. All personal information that you give to us will be treated in accordance with our Privacy Policy.
3. It is your responsibility to keep your account details confidential. You are responsible for all activity on your account, including purchases made using your account details.

4. Orders

1. You may order products from us as set out on the Site. If you place an order for products on our Site, you are making an order to purchase the product(s) for the price listed on the Site (including the delivery fees or other applicable charges and taxes).
2. We may, at our absolute discretion, accept or reject an order. If we need to reject your order, we will notify you within a reasonable time after your order is placed. Once we accept an order, a binding agreement is formed for the supply of products to you in accordance with these Terms.
3. It is your responsibility to check the order details, including selected products, delivery details and pricing, before you submit your order through the Site.
4. All purchases made through the Site are subject to availability. We do our best to keep products in stock and to keep the Site up to date with the availability of products.
5. If a product is available for pre-order only (it is not currently in stock), this will be clearly indicated on our Site. We may display the date that the product is expected to be available for dispatch to you. These dates are an approximation only, and we will not be liable for any delay in the product being available for dispatch or the inaccuracy of the date.
6. We may cancel, at any time before delivery and for whatever reason, an order that we have previously accepted, including where there is a considerable delay in dispatching your order, if for any reason we cannot supply the products you order (for example for an event beyond our reasonable control) or if products ordered were subject to an error on our Site (for example in relation to a description, price or image). We will contact you using the details you provided when you placed your order.

5. Price and Payments

1. You must pay us the purchase price of each product you order, plus any applicable delivery costs as set out on the Site (the Price) in accordance with this clause. All amounts are stated in Australian dollars and Australian GST (where applicable) will be set out separately. You must pay any customs duties or taxes charged on the Price.
2. You must pay the Price upfront using one of the methods set out on the Site.
3. You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment.
4. The payment methods we offer are set out on the Site. We may offer payment through a third-party provider. You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions.
5. We may from time to time issue promotional discount codes for certain products on the Site.
6. To claim the discount, you must enter the promotional discount code at the time of submitting your order through the Site.
7. The conditions of use relating to promotional discount codes will be set out on the Site. We may also from time to time run competitions on the Site or on social media. These competitions are subject to terms and conditions which will be made available on the Site at the time of the competition.

6. Delivery, title and risk

1. If possible we will deliver the products to the delivery address you provide when making your order. We currently deliver to areas as set out on the Site. Please refer to the delivery information on the Site to ensure you are in our delivery area. If you are not in our delivery area please contact us to discuss delivery options.
2. Any delivery periods displayed on the Site are estimates only, based on the information provided by the delivery company.
3. We deliver the products using a range of delivery methods. You may need to sign for some deliveries and you may have the choice for our delivery partner to leave the products in a safe place or to leave the products at your nearest post office for pick up.
4. Title to the products will remain with us until you have paid the Price in full for the products. Until title passes, you must not do anything which seeks to create an encumbrance, lien, charge or other interest in or over the products.
5. Risk in the products will pass to you as soon as they are delivered to the delivery address you provided in your order.

7. Returns

1. We offer exchanges (subject to stock availability) or refunds of products for change of mind where we determine (at our absolute discretion):
   1. you have provided the proof of purchase and you purchased the products within 30 days prior to the request for an exchange or refund;
   2. the products are in their original condition and have not been used, worn, damaged, tampered with, washed or altered;
   3. the products are in their original undamaged packaging with all product tags still intact;
   4. the products are not sale items, custom-made, special buy products or gift vouchers; and
   5. a return and exchanges form has been completed.
2. We will not cover the costs of re-delivery for a change of mind return. You must cover these yourself.
3. You may have rights under the Australian Consumer Law (see below) in addition to this clause.

8. Australian Consumer Law

1. Nothing in these Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Consumer Law (Consumer Law Rights). In Australia, our goods come with guarantees which cannot be excluded under the Australian Consumer Law. 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 goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms.
2. Where you return products to us to seek an Australian Consumer Law remedy, you will need to cover any associated costs (for example delivery costs) of you returning the products to us.
3. Where your claim is a valid claim under the Australian Consumer Law, we will refund your return delivery costs and, depending on the failure, either dispatch a new or repaired replacement product or refund you the Price of the relevant product. Please contact us for further information.

9. Limitations

Despite anything to the contrary, but subject to your Consumer Law Rights, to the maximum extent permitted by law:

1. neither Party will be liable for Consequential Loss;
2. each Party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party, including any failure by that Party to mitigate its losses; and
3. our aggregate liability for any Liability arising from or in connection with the Terms (including the products and/or the subject matter of the Terms) will be limited to, and must not exceed, the portion of the Price paid by you to us for the products the subject of the relevant claim.