Terms & Conditions

These Website Terms of Use apply to this website operated by DVD Jewellery Pty Ltd(“DVDJ”) under the domain name http://www.dvdjewellery.com.au/ ("Website"). In these Terms of Use the terms “we”, “us”, “our” refer to DVDJ and any of its related entities and its associates.

By proceeding beyond the homepage you agree to accept these Terms of Use.

We reserve the right to amend these Terms of Use at any time without notice and the amended Terms of Use will be effective from the time when it is posted to this Website. Your continued use of this Website after the amendment to these Terms of Use will be regarded as your acceptance of the amended Terms of Use.

Copyright and submitted material

All materials and information on this Website including without limitation any logo, design, text, graphic and their arrangement ("Content") are licensed to or owned by us. Unless we otherwise indicate, you must not copy, distribute, republish, download, display, post or transmit the Content in any form or by any means including but not limited to electronic, mechanical, or otherwise without our prior consent. You may access and use the Content and this Website for your own personal use only. Unless expressly permitted otherwise, you must not do anything to alter, modify or add to the Content.

Trademarks

Trademarks which appear on this Website are owned by the relevant owners. You must not use any trademarks that appear on this Website without the written consent of the relevant trademark owner.

Links

We may provide links on this Website to the websites operated by third parties. You acknowledge and agree that we do not control nor monitor these third-party websites. We do not make any representations about and cannot accept any liability for these websites operated by third parties. A link to a third-party website on this Website does not imply that we in any way endorse the content of that third party website. Your access to third party websites may be governed by their own terms of use.

Privacy

The Privacy Statement applicable to this Website explains how personal data will be treated as you access and interact with this Website and can be accessed here.

Your account and password
You may be assigned an account login (including a username and password) in respect of your use the Website. It is Your responsibility to ensure that the details provided to us are accurate and up to date.

You must at all times keep your username and password secure and confidential and not disclose them to any third party. You are solely responsible for any use of the website by any person using your username and password. You agree to release and indemnify us in relation to any claims, loss or liability arising out of the unauthorized use of your username or password.

You must notify us immediately if you become aware of any unauthorized use of your account.

 

Ordering, purchasing, and shipping goods

You may only purchase goods on the Website if you are assigned an account login by us.

When you submit an order to purchase goods from us through the Website (by providing the relevant information in the online order form), that will constitute an offer from you to buy those goods in accordance with these terms. An agreement for the sale and purchase of goods shall be concluded between you and us only when your order is formally accepted by us, which will only occur by us sending to you a written notification of acceptance by email. We reserve the right to reject or cancel any order at any time due to the unavailability of any goods.

You may cancel an order if you notify us within 3 hours of an order being submitted online via email to http://www.dvdjewellery.com.au/

The price payable by you for orders accepted by us shall be the price quoted in Australian dollars on this Website (which unless otherwise stated will be exclusive of GST) for the relevant goods at the time your order is submitted, together with the applicable delivery fees. We do not negotiate prices on our products and all our prices are final.

We will use Australia Post, or any other courier or carrier nominated by us (“Nominated Carrier”) to deliver such goods. Due to the value of the goods, we require that the Nominated Carrier obtain a signature from an adult at the delivery address acknowledging receipt of the goods in order to release the goods to you. If a signature cannot be obtained, the Nominated Carrier will take the goods to a post office or nominated depot at which you will be required to attend that place personally in order to receive the goods. 

We retain ownership and title of the goods we supply to you until we have received the full price for the goods and the applicable delivery charges. Once your order has been accepted, you assume full responsibility for and risk in the goods.

Shipping charges

Shipping in Australia: Free shipping on all orders over $AUD500 to Customers in Australia. All orders are also fully insured by us. For orders under $AUD500, the shipping rate is $10.00 for standard shipping and $15.00 for express shipping, payable at checkout.

For shipping outside of Australia: Orders are shipped by FedEx, charges are calculated and payable at checkout

Duties and Taxes

We do not collect duties and taxes to the country of destination for sales made outside of Australia. The customer will be responsible for all applicable duties and taxes payable to customs, the shipping company or any other person. We advise you check with your relevant customs office in your country for estimated rates.

Countries that we ship to: Australia, New Zealand, United States, Canada, United Kingdom, Thailand, Singapore, Fiji, France, Ireland, Netherlands, Philippines, Poland, Portugal, United Arab Emirates, Taiwan, Qatar, South Africa, Hong Kong, China, Malaysia, Hong Kong, Indonesia, Israel, Italy, Japan, South Korea, Spain, Sweden, Switzerland, Cyprus, Greece, Germany.

 

Returns, Repairs and Exchange Policy

Manufacturing faults – Jewellery

You are covered by a 7-year guarantee against manufacturing faults on all items manufactured by us. If for any reason you find a manufacturing fault with your jewellery item, please bring it in to our office or ship it to us to be assessed by our jewellers. Repairs for manufacturing faults are free of charge to the customer. If it is found by Our jewellers that any damage is as a result of anything other than a manufacturing fault (e.g. dents, damaged claws and band, scratches resulting from general wear and tear), you will be charged a repair fee.

We will not be held accountable for any items repaired or altered by another jeweller other than those employed by us or our agents. Any repairs or alterations made without our agreement will void any return or exchange as well as void the guarantee described in the paragraph above.

Change of Mind Return – Jewellery

 

If you change your mind in relation to items of jewellery purchased on the Website and you notify us within 14 days of you receiving your purchase, we will issue you with a credit note to the value of the item returned which will be valid for a period of 28 days from the date of issue. We do not provide refunds. We do not refund for the cost of shipping unless we have sent an item by error. 

We will not accept any of the following items for exchange:

  • items that are not in their original condition at the time when the items were ordered.
  • items which are missing their tags or if the tag attached to the item has been interfered with in any way
  • items that show any wear and tear, damage or have been handled in a manner which is inconsistent with any care instructions published by us (as determined by us in our sole discretion), or an item has been engraved, resized, or modified.
  • items that are the subject of a special order by you, including all rings ordered in specific ring sizes cannot be refunded.
  • If an ex-stock ring is sized specifically for you.

Change of Mind Returns – Loose Lab-Grown Diamonds Purchased on the Website

Our 14-day change of mind return policy in relation to loose Lab-Grown diamonds purchased on the Website gives you time to make sure your purchase is perfect. If you need to return it for any reason, we will provide you with an exchange by way of a credit note valid for 28-days.

We will not accept any loose Lab-Grown diamond purchased on the Website for exchange:

  • that are not in their original condition at the time when the items were ordered.
  • that show any wear and tear or damage (as determined by us in our sole discretion).
  • That are not returned together with the diamond certificate which we provided you together with the diamond.

If the value of any loose diamond purchased on the Website exceeds $10,000, then it must be returned within 7 days of purchase to be eligible for an exchange.

Change of Mind Returns – Natural Mined Diamonds Purchased online on the Website:

 

  • 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 return policy herein described below.
  • The Company will not accept any returns of loose or set diamonds without the ORIGINAL GIA or IGI certificate (as GIA no longer makes replacement certificates)
  • Any natural mined loose diamond order over AUD $10,000 excluding GST will not be applicable for a refund.
  • We offer diamonds directly from the factory, not from wholesalers or diamond dealers. These diamonds are all located overseas and incur additional costs when imported to Australia. It is for this reason that any diamond sold from our online selection over the value of $10,000 will not be applicable for a refund as the cost of returning the diamonds are expensive due to insurance and shipping costs. 
  • The refund 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 14-day Refund policy is valid for Australian and New Zealand Customers only

 14 Day Money Back Policy.

Our 14-day money back policy in relation to Jewellery purchases under $10000.00 There is no refund for “change of mind” (see policy under Terms of Service). We offer a 14-day money back guarantee on all finished Jewellery under $10000.00

  • If you are not entirely satisfied with the item of Jewellery that you have purchased, you may return it for a refund or credit within 14 days of the dispatch date from DVDJ to yourself with a brief explanation why you are dissatisfied with the piece of Jewellery.
  • Jewellery received outside of the refund period will not be accepted.
  • Claims stating the goods are faulty or incorrectly described must be made within 14 days of dispatch with regard to the terms of any manufacturers guarantee and warranties implied by legislation.
  • There is no refund for Jewellery over $10000.00, only a store credit valid for 28 days from the date issued.
  • The 14-day refund policy is not applicable to custom/bespoke jewellery, or any goods that have been resized or modified from their original design in any way.
  • There is no refund on loose diamonds, we offer a credit note valid for 28 days from the date we receive the diamond back and has been approved by our diamond department.
  • We do not offer a refund on any sale or clearance stock.
  • The return process can take up to 5 working days. The refund will be issued in the same form that they were originally paid.
  • Custom made or modified jewellery cancelled before delivery will attract a minimum payment of 50% of the original sale price of the item purchased with no exception due to the extensive production process

We will not accept any of the following items for refund:

  • items that are not in their original condition at the time when the items were ordered.
  • items that are missing their tags or if the tag attached to the item has been interfered with in any way
  • items that show any wear and tear, damage or have been handled in a manner that is inconsistent with any care instructions published by us (as determined by us in our sole discretion), or an item has been engraved, resized, or modified.

 

 

 

General Conditions

In addition to any of the other requirements and conditions stated above in this section titled “Returns, Repairs and Exchange Policy”:

  • you bear the risk in the goods until such time as they are received by us at our nominated premises. 
  • you must use the internet form nominated us to initiate any return, repair, or exchange.
  • you must bear all costs associated with returning the goods to us, including but not limited to shipping and insurance.
  • Returns without a return code, returns sent C.O.D., and improperly or uninsured packages may be refused by us upon receipt.

 

We do not issue refunds for incorrect purchases or changes of mind.

Warranties in relation to goods sold.

We make no representation whether express or implied as to the merchantability, condition, durability, or fitness for the purpose for which the goods are to be used and any implied warranty as to latent defects is expressly excluded.

In no event whatsoever will we be responsible for any loss, damage, cost, charge, or expense suffered, incurred or sustained by you whether consequential or otherwise of whatsoever nature and kind and howsoever arising including through our negligence.

These warranties will not be read or applied so as to purport to exclude, restrict or modify or have the effect of excluding, restricting or modifying the application in relation to the supply of any goods or services pursuant to the Conditions of all or any of the provisions of the Competition and Consumer Act 2010 (Cth) (“CCA”) or by any other statute Act of any state or territory of the Commonwealth of Australia which by law cannot be excluded, restricted or modified.

To the extent permitted by the CCA our liability to you for a breach of a condition or warranty implied by a provision of the CCA will be limited to:

  • The replacement of the relevant goods or the resupply of equivalent goods.
  • The repair of the relevant goods.
  • The payment of the cost of replacing the relevant goods; or
  • The payment of the cost of having the relevant goods repaired.

and we in our absolute discretion will determine which of the foregoing limits will apply in any case.

User conduct

You are responsible for your activity in connection with accessing the Website. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to the Website. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain personal data from any Website user.

In accessing this Website, you must not:

  • Disrupt or interfere with the Website, or any services, system resources, accounts, servers or networks connected to or accessible through this Website or linked websites.
  • Disrupt or interfere with any other user's enjoyment of this Website or linked websites.
  • Use any robot, spider, other automatic device, or manual process to monitor, copy or extract any web pages on the Website, or any of the Content, without our prior written permission.
  • Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website.
  • Reverse engineer, reverse assemble or otherwise attempt to discover source code or other arithmetical formula in respect of the software underlying the infrastructure and processes associated with the Website.
  • Use the Website to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including material that are deemed threatening or obscene or engage in any kind of illegal activity.
  • Engage in any kind of illegal, criminal, or tortious activity through the use of the Website, including infringement of any third-party intellectual property rights.
  • Attempt to obtain unauthorized access to this Website or parts of this Website that are not opened to public access; or
  • Post or transmit to or via this Website any material that may infringe the intellectual property rights of any third party, or any defamatory, derogatory, or offensive material or publication.

You must comply with all applicable local, state, national and international laws and regulations that relate to your use of or activities on this Website. We reserve the right to report potentially criminal activity to appropriate law enforcement agencies.

Indemnity

You agree to indemnify and hold us (and our related bodies corporate, directors, officers, employees, agents and contractors) harmless from any claim, action, demand, loss or damages made or incurred by any third party arising out of or relating to your conduct (including transmitting any defamatory, derogatory or offensive statements or material to any person), your use of the Website, your breach of these Terms of Use, or your breach of any rights of third parties.

Warranties and disclaimers

The Content and this Website are provided "as is" and “as available”. Images and diagrams depicted on this Website are intended to be a visual aid only and do not necessarily accurately reflect the object described. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, or non-infringement. We do not warrant that this Website or the server that operates it is free from viruses or other corrupted materials or occasional outages or disruption to service which prevent you from accessing this Website or that use of this Website will be compatible with the hardware and software you are using to access it. You assume the entire cost of all necessary servicing, repair, or correction. We do not warrant or make any representations regarding the use or the results of the use of the Content or this Website in terms of their correctness, accuracy, reliability, or otherwise.

We reserve the right to make any change to the Content without notice. We may also make improvements or changes to the products and services described in the Content at any time without notice.

Your use of this Website including all Content or data distributed by, downloaded, or accessed from or through this Website is solely at your own risk. Before taking or refraining from any action in reliance on the Content or this Website, you must make and rely on your own enquiries in relation to, and in evaluation of, the Content including any information, predictions, opinions, and statements contained in this Website.

Limitation of liability

Subject to any responsibilities implied by law which cannot be excluded, we (including, in this limitation of liability clause, our related bodies corporate, directors, officers, employees, agents and contractors) expressly disclaim all liability to you or any other persons for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever, whether direct, indirect or consequential, arising out of or referable to the Content or this Website (or material accessed via this Website), or to access of the Website by you, howsoever caused, whether in contract, tort including negligence, statute or otherwise. To the full extent permitted by law, any liabilities imposed on us, or implied into these Terms of Use, under any law are hereby excluded.

Nothing in these terms and conditions is intended to exclude, restrict, or modify rights which you may have under the CCA or any other legislation which may not be excluded, restricted, or modified by agreement.

Termination and suspension

We reserve our right, without notice and in our sole and absolute discretion, to discontinue, suspend or terminate any service offered by or through this Website as well as this Website at any time. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, disclaimers, indemnities, and limitations of liability.

Severability

If any parts of these Terms of Use are deemed unlawful void or for any reason unenforceable then that provision may be severed from these Terms of Use, and it will not affect the validity and enforceability of the remaining provisions.

Waiver

No waiver by us of our rights under these Terms of Use shall be deemed a waiver of any other term or provision and shall be limited to a single waiver limited to the specific circumstances under which such waiver was granted.

Applicable law

These Terms of Use are governed by and construed in accordance with the laws of New South Wales, Australia. You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of the courts of New South Wales, Australia.

Currency

A reference to "$" or "dollars" throughout this Website is a reference to Australian currency, unless stated otherwise.