Terms & Conditions
1. Eligibility to Use Our Website
2. Our Products
Our company is an online retail store for diamonds, offering diamonds at wholesale prices as well as optional bespoke jewelry manufacture.
3. Product Availability
The products advertised on our Website may become unavailable from time to time due to our receipt of a high volume of orders. If you place an order and we determine that our stock is unavailable, then we will contact you as soon as possible to discuss your options. If you determine that a particular item is currently out of stock or on back order, then please feel free to contact us and we will let you know when we expect the item to be available again.
4. Prices; Orders
Our listed prices are non-negotiable, but may be subject to change at any time. In the event you become interested in a particular diamond, you may email or phone us, and we will send you a formal “Request to Purchase,” in which you commit to purchase, provide your method of payment and confirm your delivery details. We will then hold the diamond for you for a period of twenty-four (24) hours, during which time we will freeze the quoted price for you and confirm our receipt of payment and/or the successful authorization of your credit card. You should return your completed “Request to Purchase” to us, along with a copy of your credit card and driver’s license, via facsimile to our private fax number at _______________.
We accept payments by credit card, check, or transfer into our designated account. We accept all major credit cards, including VISA, MasterCard, MasterCharge, and AMEX. We charge an additional merchant fee in the amount of One Percent (1%) for MasterCard payments and Three and a Half Percent (3.5 %) for AMEX payments. The diamond shall only be deemed to have been purchased upon confirmation of the deposit of funds into our account by transfer or check, or upon credit card transaction approval.
6. Shipping and Delivery
We ship all purchases via our designated carrier, United Parcel Services of America, Inc. (“UPS”). You should allow ten (10) to fifteen (15) business days for delivery (in addition to any delays due to customs and/or government agencies). If you have also ordered a ring, please allow an addition seven (7) to ten (10) working days for delivery. We will notify you of the delivery details and provide you tracking information, so that you may track your delivery over the Internet.
7. Refund Policy
If you are dissatisfied with your purchase for any reason, it is our policy to grant you a refund upon request, provided that the diamonds you wish to return are in “new” condition and have not been altered or damaged in any way. Also, we must receive your returned diamond within thirty (30) days of your original receipt of the order, in order to grant you any refund. We will refund the purchase price less original shipping costs, and the refund will be made by the same form of payment as the original purchase. To receive a refund, you must first obtain a Return Merchandise Authorization (“RMA”) Code from us prior to returning any diamond, as we will not accept any returns without an RMA code. The RMA Code must be clearly marked on your original invoice as well as on the return shipping label. All diamonds returned without an RMA will be refused. All returns should be sent to us at the following address:
Attn.: Mark Poter
155 King St
8. Comparison Purchase Policy
It is our policy to prohibit comparison purchases. “Comparison purchasing” shall be defined as buying several items from us with the intention of keeping only one (1) preferred item and then returning the others.
9. Conflict Diamond Policy
It is our policy to only buy and sell diamonds that have been obtained under the strict standards of the Kimberly Process, which is an international process that policies the trading of diamonds whose sale contributes toward civil war, insurgency, and terrorism.
10. Diamond Certificates
Any order that you place with us shall be shipped along with a corresponding diamond certificate. This certificate provides a highly detailed evaluation from a respected gemologist, which spells out the exact quality of the diamond you received. These certificates are expensive to replace, and thus we ask that upon return of any diamond, that you include the original diamond certificate. If the certificate cannot be returned, then we will charge a replacement fee in the amount of Two Hundred Fifty Dollars ($250.00).
11. GST Refunds for Tourists
The linked policy applies to tourists and Australian residents taking diamonds out of the country [attach link].
In order to access many of the features of this Website, you will need to register and create an account. When you register, you may be asked to provide the following information: full name, user name, password, full address, email address, phone number, and website URL and logo, if any. Registration, as well as the ability to use this website, is completely free.
All information provided by you in your registration must be truthful and complete. We may suspend or cancel your registration without notice if we have any reason to believe that this is not the case. If you register as a user, you will be required to select a password.
You should not disclose your password to any third party. You are solely responsible for keeping your password confidential and for the activity that occurs on your account. We will never ask you to send your password or other sensitive information to us in an email or to enter it via any website other than one with the URL of www.simplydiamonds.com.au. If you suspect any unauthorized use of your account or access to your password, please change your password immediately and contact us. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. You are solely liable for any loss or damage arising from your failure to comply with this Section 12.
13. Operation of Website
We use commercially reasonable efforts to maintain our Website and to keep it operating on a twenty-four (24) hour, seven (7) day a week basis, free from bugs, errors, technical problems, or defects. If, at any time in the future, we identify any bugs, errors, technical problems, or defects, then we will immediately assign technicians to address and resolve the issue.
If you become aware of an error, bug, or other technical problem, then you should notify us immediately of the incident and provide us with the following information:
(a) Description of the Incident. The specific sequence of events which generated the incident, and a full description;
(b) Description of Error Message. The exact wording of any error messages, if applicable; and
(c) Description of Discovery of Incident. Any special circumstances surrounding the discovery of the incident for which you are seeking technical support.
We cannot guarantee that your access to the Website will be uninterrupted, or that the Website will be available at all times. We can assume no liability or responsibility for any delay, interruption, or downtime.
We use commercially reasonable efforts to ensure that our Website is protected from viruses and other destructive software (“Viruses”), but we cannot guarantee that the Website will at all times be free from Viruses. We urge you to use reasonable care in downloading information from the Website. We can assume no responsibility for any damage to computer equipment or other property that may result from the use of the Website or as a result of downloading from the Website.
We reserve the right to discontinue operation of the Website for any time for any reason at our sole discretion, and to make modifications to the operation of the Website at any time at our sole discretion.
14. Prohibited Uses of the Website
Our Website should only be used for lawful purposes. We specifically prohibit any other use of the Website, including but not limited to the following:
(a) posting or submitting to the Website any information in which you impersonate or claim to be any third party;
(b) disclosing or sharing your password with any third party or allowing such third party access to a password-protected portion of the Website;
(c) posting content or initiating communications which are unlawful, libelous, abusive, obscene, discriminatory, or otherwise objectionable;
(d) using the service for any illegal purposes, including but not limited to conspiring to violate laws;
(e) sharing information or initiating communications with information you are under an obligation not to disclose;
(f) posting infringing content to the Website;
g) taking any action that disrupts, tampers with, interferes, or imposes an unreasonable burden on the Website’s infrastructure, servers, data, or network or those of any third party via our Website;
(h) using or attempting to use any engine, software tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Website other than generally available third party browsers (including but not limited to Internet Explorer, Firefox, and Safari;
(i) posting or submitting any content that contains software viruses or any computer code, files, or programs designed to interrupt, destroy, or limit functionality of the Website or of any computer software, hardware, or telecommunications equipment;
(j) deciphering, decompiling, disassembling, or reverse engineering any of the software comprising or in any way making up part of the Website;
(k) aggregating, copying, or duplicating in any manner any of the software making up part of the Website or any of the content or information available on the Website;
(l) using any means of automatically searching or mining data from the Website, or in any way attempting to interfere with the proper working of the Website;
(m) stalking, harassing, or threatening any customer or visitor to this Website; or
(n) collecting or storing personal information about any customer or visitor of this Website.
We reserve the right (but do not have the obligation) to suspend or terminate visitors who do not appropriately use the Website. If you become aware of any inappropriate use, please notify us at our email address at _______________________.
15. Comments or Reviews
We may provide users the ability to chat through this Website or to post their reviews. If you use our chat feature or post reviews, then you are solely responsible for ensuring that your comments or reviews are appropriate and not illegal, obscene, threatening, harassing, defamatory, invasive of privacy, infringing of intellectual property rights, constitute unsolicited promotions, political campaigning, or a criminal offense, or are otherwise objectionable, and that they do not constitute or contain Viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam.”
You hereby grant to us a nonexclusive, royalty-free, perpetual, irrevocable right to use, reproduce, adapt, publish, translate, create derivative works from, distribute, and display your comments or reviews on the Website; to reproduce or store the comments or reviews on our computers and servers; to make any modifications or reformatting necessary to publish and display the comments or reviews (or any portion thereof) on the Website; and to grant sublicenses to third parties. You also grant us the right to use the name you submit in conjunction with such comments or reviews. We reserve the right to monitor and remove any comments or reviews at any time without notice.
16. Intellectual Property
We shall retain ownership of all right, title, and interest in all the design features, the organization, the codes, text, and databases of this Website (collectively, the “Intellectual Property”). You may not reproduce, display, republish, upload, post, transmit, publicly perform or display, copy, distribute, create derivative works of, or otherwise use for any purpose any portion of our Website for any commercial or non-commercial use without the express written consent of us as appropriate.
17. Intellectual Property Infringement Complaints
We respect the intellectual property rights of others. If you ever suspect that your intellectual property has been copied in any manner that constitutes intellectual property infringement, then please notify us immediately, providing the following information:
(a) Identification of the Intellectual Property. The name of the owner of the intellectual property and a signature of the person authorized to act on behalf of the intellectual property interest, which is alleged to be infringed;
(b) Description of Infringed Right. A description of the intellectual property right that you claim has been infringed;
(c) Location of Infringing Item. A description of where the allegedly infringing item is located on the Website;
(d) Contact Information. Your address, telephone number, and email address; and
(e) Statement under Penalty of Perjury. A statement by you confirming that you are the intellectual property owner or are authorized to act on the intellectual property owner’s behalf, made under penalty of perjury.
18. Links to Other Websites
Your business dealings with any third party with whom you connect through a link to this Website are solely between you and such third party. You are solely responsible for conducting your own due diligence prior to entering into a business relationship with any third party linked to our Website. You agree that we will not be responsible or liable for any loss, damage, or other liabilities incurred as a result of doing business with such third parties. You assume the sole risk of loss and liability in doing business with any third parties linked to this Website. In the event that you ever have a complaint against such third party, you should contact such third party directly regarding your issue.
19. Limitation of Liability; Consequential Damages
You agree that Company and Website will not be liable to you for any indirect, consequential, special, punitive, or exemplary damages, arising out of or in connection with the use of this Website, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses (even if we have been advised of the possibility of such damages).
Our liability to you shall in no event exceed the total aggregate amount of _______ for all claims. Some jurisdictions do not allow the limitation of liability, so these limitations may not apply to you.
20. Warranty; Disclaimer
The use of this Website, the posting of comments and reviews, and the reliance on the images and text contained therein shall be at your sole risk. We make no warranty that your access to the Website will be continuous, uninterrupted, bug-free, error-free, Virus-free, free of defects, or free of technical problems, or that any information will be accurate or complete. We can make no warranties regarding the information or contents of any Third Party Sites linked to this Website, or with respect to any decision to enter into a business relationship with such third parties. We will, however, use reasonable care to provide uninterrupted, bug-free, error-free service.
Certain legislation (including the Trade Practices Act 1974 (Cth) and the Fair Trading Act 1999 (Vic)) may imply terms, warranties, or conditions that cannot be excluded, restricted or modified (“Statutory Warranties”). SUBJECT TO THE STATUTORY WARRANTIES AND TO THE EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT ALL ERRORS, BUGS, OR DEFECTS CAN OR WILL BE CORRECTED OR THAT THIS WEBSITE WILL OPERATE BUG-FREE, ERROR-FREE, CONTINUOUSLY, OR UNINTERRUPTED. FOR THE AVOIDANCE OF DOUBT, NO CONTENT ON THIS WEBSITE SHOULD BE READ AS AN ENDORSEMENT OF ANY THIRD PARTY OR WEBSITE.
By using this Website, you agree to indemnify, defend, and hold harmless Company and this Website, our officers, employees, independent contractors, representatives, agents, and other visitors against any third party claim arising from or in any way related to your use of this Website or any Third Party Sites, including but not limited to any liability or expense arising from any and all claims, demands, losses, damages, costs, expenses, suits, judgments, litigation costs, or attorneys fees.
23. Governing Law; Dispute Resolution
24. Contact Us
Attn.: Mark Poter
155 King St
25. Effective Date