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Terms and Conditions

WHOLESALE DIAMONDS DIRECT PTY LTD
TERMS AND CONDITIONS OF PURCHASE

The following terms and conditions (Terms and Conditions) govern all transactions governing the placement of purchase orders from Wholesale Diamonds Direct A.B.N (97 223 178 129) (Wholesale Diamonds) and applies to all customers and users of this website.

Please read our Terms and Conditions carefully as you agree that by using the website www.wholesalediamondsdirect.com.au and utilizing other services provided by Wholesale Diamonds, including but not limited to placing orders with us, you are agreeing to our Terms and Conditions as amended from time to time. These terms apply to all purchases whether made through the website, phone or otherwise. No additional conditions proposed by you will apply to any purchases with Wholesale Diamonds unless agreed in writing and signed by Wholesale Diamonds.

    1. GENERAL
      1. In these Terms and Conditions:
        1. “Wholesale Diamonds” or “Us” or “We” is the service provider and supplier.
        2. “Diamonds” refers to all jewelry and precious stones and gems.
        3. The “Customer” or “You” is the purchaser of the Diamonds from Us. 
        4. “Final Price” is the price determined in accordance with clause 4.1
      2. As soon as You place an order online with Us, You enter into a binding contract with Wholesale Diamonds based on these Terms and Conditions. 
      3. In these Terms and Conditions, unless the context otherwise requires, words importing one gender include any other gender; words importing the singular include the plural and vice versa; reference to a person includes a body politic, a body corporate and a natural person; and headings are for guidance only and do not affect the interpretation of the clauses they refer to.
    2. PURCHASING FROM US
        1. By purchasing from Us, You agree and accept: the amount as advertised at the time of sale of the Diamonds; and
        2. the total amount including postage, shipping, handling and insurance costs (if required) as being the amount owed for the order, which is to be paid within 24 hours from the time of submitting your order. 
      1. At the time of payment to Us, You must supply a remittance advice or screen shot photo, so Your bank deposit payment can be verified as having been remitted to Us.
      2. As all orders are final and binding, if We are not notified of payment being sent, Your order will not be held for longer than 24 hours and may be subject to amendment or cancellation fees and charges. Details on amendments and cancellations are set out below. 
    3. SENDING YOUR PAYMENT
      1. At the time of submitting an order to Us You agree to:
        1. Make immediate payment for your order;
        2. Provide proof of deposit of monies transferred at the time of confirming Your order (e.g., transfer receipt) by way of bank remittance sent from Your bank directly to Us.
      2. In the event that your bank imposes transfer limits on funds that are transferred from Your account, We recommend paying as much money as your bank allows towards your order and arranging an immediate alternative payment method. You must contact us by email immediately to notify us of any transfer delays. The bank disallowing payment to Us will not be accepted as a sufficient reason to cancel your order and full cancellation fees and debt recovery charges will apply.
      3. If any order is placed and the money does not arrive in our account at the time of the order, Wholesale Diamonds reserves the right to recover any out-of-pocket expenses required to recover its debt. Wholesale Diamonds also reserve the right to refer your details on to private debt collection agencies including legal fees or any out of pocket expenses incurred due to non-payment for your order or a false or fraudulent declaration.
      4. Wholesale Diamonds reserves the right to amend any Final Price for any Diamond within Your order if full payment is not received by Us within 24 hours of the order being placed
      5. all prices will be advertised in $AUD and any foreign currency conversion issues shall be Your responsibility. the responsibility of you.
    4. UPDATES TO ORDERS
      1. Subject to clause 3.4 when making a purchase online the final price for an item is determined at the time of checkout and payment process (Final Price)
      2. Wholesale Diamonds strives to keep its website pricing and inventory of product current however, variances can occur. Amendments may be required due to factors beyond Our control, and which result in an increases in pricing of the Diamonds. Wholesale Diamonds reserves the right to change the pricing for any Diamond within an order until such time that full payment is not received by Us.
      3. In the event of a sudden rise in the value of Diamonds or if the foreign exchange rate is subject to change, Wholesale Diamonds reserves the right, in, between the time of Your order and Us placing a lock-in value on your Diamonds, to amend any order to the accurate Diamonds price.
      4. If your order has been amended by Us, You will be contacted by Us regarding the change and notified of any additional amount required to be paid. Any additional payment that is required by you to secure the purchase must be made within 24 hours of receiving notification from Us.
    5. CANCELLED ORDERS
      1. All orders placed with Us are considered final, regardless as to whether payment has been made. Please make sure your order is correct at the time of placement. Once Wholesale Diamonds have placed the order for purchase of your Diamonds we cannot issue a refund on this amount. Wholesale Diamonds reserves the right to pursue from You any losses incurred or damages suffered by Us due to Your non-payment.
    6. PRE-ORDERS
      1. By placing an order for any item advertised under the term "PREORDER", You acknowledge and understand that We do not currently have these items in stock and Your order will be delivered to You. Any dates advertised for PREORDER items are indicative only and are not to be deemed as a delivery guarantee. Further, You acknowledge that it could take up to 6 months to fulfil any PREORDER items purchased.
    7. RETURNS
      1. At Wholesale Diamonds, our extreme loyalty and service to our clients means that the quality of Our products is paramount t. Subject to clause 7.2 We will only accept a return of any item purchased if the product is damaged and which damage has not been caused by You. You will not be entitled to a refund or replacement if you change Your mind or have ordered the incorrect product. 
      2. You will only be entitled to a refund of Your Diamonds if: 
        1. You contact us to lodge your refund request within 24 hours of receipt of the Diamonds (Refund Request); and
        2. Within 3 days after the Refund Request, you return the Diamonds to Us in its original product packaging with all the necessary paperwork (such as diamond certificates, valuations and/or care booklets) (Refund Return). 
      3. All refunds will be subject to an inspection by Us before a refund is processed. We will pay for any return delivery costs if we establish that the Diamonds are damaged or defective due to Us. We will advise you within 7 business days of receiving the Diamonds whether your refund request will be accepted. If accepted, You can expect your refund to be processed between 3-5 days thereafter.
      4. If there is a delay in the Diamonds being returned to us due to the courier or any other reasonable reason, we may, but are not obligated to, extend the deadline to offer a refund on a case by case basis and at our sole discretion. All risk or loss in any return transaction is borne by you until Wholesale Diamonds takes actual physical custody and control of each and all of the Diamonds that are the subject of the return.
    8. POSTAGE
      1. Orders placed for delivery within Australia will be dispatched only once funds have cleared into Our account.
        1. For the purpose of delivery, We shall utilize any freight, courier or delivery service provider at Our sole discretion. That said, We can indicate that our preferred delivery service provider is Startrack and Brinks 
      2. All items sent are insured and may further be the subject of the terms and conditions of the delivery service provider.
      3. When We agree to arrange delivery, transport, insurance or storage of diamonds on Your behalf, We do so as Your agent and to the maximum extent permitted by law without accepting any liability. 
      4. For orders delivered via secured courier, you must be home at the address provided to collect your package with your identification otherwise re-payment of the insurance and delivery fee will be required. Wholesale Diamonds do not take any responsibility for items lost during transit.
      5. Please note that due to COVID-19 there can be ongoing disruptions and delays in delivery. We will provide you with reasonable updates regarding delivery as and when received from our third-party delivery provider. You acknowledge that: 
        1. we will not be liable for any delays of the delivery of your Diamonds due to a third-party; and
        2. you will not be entitled to a refund of the Diamonds due to a delay in delivery. 
    9. LIABILITY
      1. Wholesale Diamonds is not responsible for any loss or liability incurred by You, in any form of dealing with Wholesale Diamonds except the extent as defined in Schedule 2 (The Australian Consumer Law) of the Competition and Consumer Act 2010. 
    10. DECLARATION
      1. By creating an account and using the services of Wholesale Diamonds, you certify that all information you have given is accurate and correct, and you have the full capacity to enter into, and meet the obligations pursuant to these terms.
    11. RISKS
      1. Wholesale Diamonds does not provide investment or trading advice. Information provided on Our website or by the employees, representatives of Wholesale Diamonds is not investment advice. The purchase of Diamonds involves risk and You must complete Your own due diligence. Wholesale Diamonds does not accept liability for any investment decisions made by You.
    12. WEBSITE INFORMATION
      1. The prices on our website are regularly updated to reflect the price of our Diamonds. On the extremely rare chance, where the pricing feed or typographical information is inaccurate, Wholesale Diamonds shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item, and accordingly, will not be required to honour the purchase at the quoted price. If there is an issue with typographical information or an item is incorrectly priced, Wholesale Diamonds will notify you as soon as possible and accordingly rectify the feed to the correct price. Wholesale Diamonds reserves the right to update prices and availability without prior notice.
      2. Any link to a third party website is provided in good faith with the best of intentions by Wholesale Diamonds as a means for directing You to the most relevant information available. Wholesale Diamonds make no representation of any kind as to the security, correctness, suitability or reliability of any content appearing on any third party websites. You agree to access these third party websites at Your own risk. Wholesale Diamonds are not responsible for any loss or damage suffered by You as a result of Your use of a link provided on Our website to a third party website.
    13. PRIVACY
      1. By agreeing to these Terms and Conditions, You consent to and authorise Wholesale Diamonds to the extent permitted by law, to disclose information received from You to Wholesale Diamonds’ solicitors, or mercantile agents and any other 3rd parties.
      2. Wholesale Diamonds will comply with its obligations under the privacy law, including the Privacy Act 1988 (Cth), in respect of any information collected, used, stored or otherwise dealt with under these Terms and Conditions. 
      3. Wholesale Diamonds may, from time to time, collect personal information from or in relation to You, including the information provided from your purchase, where it is reasonably necessary for one or more of its functions, including to allow Wholesale Diamonds to conduct its business functions. Wholesale Diamonds may be required to collect and disclose personal information of You in order to meet any regulatory requirements which apply to Wholesale Diamonds. This includes but is not limited to meeting its statutory obligations pursuant to the laws of Australia. 
    14. GENERAL
      1. These Terms and Conditions constitutes the entire agreement between the parties. Any previous negotiations, representations, warranties, arrangements and statements not expressly set out in these Terms and Conditions are excluded.
      2. The obligations provided by these Terms and Conditions shall be binding upon, and shall inure to the benefit of each party, its successors, assigns, or other legal representatives.
      3. Each party must, at its own expense, whenever reasonably requested by the other party, promptly do or arrange for others to do, everything reasonably necessary or desirable to give full effect to these Terms and Conditions.
      4. A party must not assign or deal in any way with any of its rights under these Terms and Conditions without the other party's prior written consent.
      5. A waiver by a party of a provision of or of a right under these Terms and Conditions are binding on the party granting the waiver only if it is given in writing and is signed by the party or an authorized officer of the party granting the waiver.
      6. If a provision of these Terms are Conditions are invalid or unenforceable in a jurisdiction it is to be read down or severed in that jurisdiction to the extent of the invalidity or unenforceability; and that fact does not affect the validity or enforceability of that provision in another jurisdiction or the remaining provisions.
      7. These Terms and Conditions may be amended by Wholesale Diamonds at its sole discretion and without prior notice to you.  
      8. These Terms and Conditions shall be governed by and construed in accordance with the laws of Victoria Australia and the parties submit to the non-exclusive jurisdiction of the Courts of Victoria Australia.  
      9. We confirm that, to the best of our knowledge, all Diamonds are conflict free and are Kimberley Process compliant.