Terms & Conditions of Supply of Goods
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our website www.adamasdiamonds.com.au (our site) to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
INFORMATION ABOUT US
1.1 www.adamasdiamonds.com.au is a site operated by Adamas Diamonds (we/us). We are registered in Australia with our registered office at Level 1, 88 William Street, Perth 6000, Western Australia
SERVICE AVAILABILITY
2.1 Our site is intended for use by people employed by one of our benefit partner schemes around the world. We have the right to revise the countries we supply to from time to time.
YOUR STATUS
3.1 By placing an order through our site, you warrant that:
- You are legally capable of entering into binding contracts
- You are at least 18 years old
- You are employed by a benefit partner company
HOW THE CONTRACT IS FORMED & HOW THE ORDER IS MADE
4.1 Every diamond on our site is unique so when you select your stone we will confirm, in real time, that the diamond is still available for purchase.
4.2 You will place your order and purchase the diamonds via contact with the Adamas Diamond team. The contract between us (Contract) will only be formed when we send you the Email Confirmation.
4.3 The Contract will relate only to those Products whose dispatch we have confirmed in the Email Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the approval of such Products has been confirmed in a separate Email Confirmation.
CONSUMER RIGHTS
5.1 If you are contracting as a consumer, please review ourReturn Policy
5.2 To cancel a Contract, you must inform us in writing. You must also return the Product(s) to us immediately, in the manner set out in our Return Policy. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
5.3 You will not have any right to cancel a Contract for the supply of goods made to the consumer's specifications or clearly personalised or which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly (Regulation 13 - The Consumer Protection (Distance Selling) Regulations 2000)
5.4 This provision does not affect your statutory rights.
AVAILABILITY AND DELIVERY
6.1 Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
6.2 Each diamond listed on our site is unique. If there has been any instance in which we are unable to fulfil the order of your specifically reserved diamond we will contact you and offer you the closest possible alternative product. You will be offered a full refund if we are unable to supply a diamond that completely fulfils your requirements.
6.3 Delivery of the Products shall be made by the Seller sending the Products to the Buyer by fully insured and guaranteed couriers. The Buyer will be required to sign for the Products in order to acknowledge receipt. If you have any reason to suspect that the Product has been damaged in transit you must sign as such.
RISK AND TITLE
7.1 The Products will be at your risk from the time you sign for the product. Thereafter you shall assume full responsibility for risk.
7.2 Ownership of the Products will pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges, and once you have signed for the goods
7.3 If you fail to take delivery of the Products, fail to give the Seller adequate delivery instructions at the time stated for delivery, or fail to collect the Goods (otherwise than by reason of any cause beyond your reasonable control or by reason of our fault) then without prejudice to any other right or remedy available to us we may:
- 7.3.1 store the Products until actual delivery and charge you for the reasonable costs (including insurance) of storage
- 7.3.2 sell the Products at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to you for the excess over the price under the Contract or charge you for any shortfall below the price under the Contract
PRICE AND PAYMENT
8.1 The price of any Products will be as quoted on our site, except in cases of obvious error.
8.2 These prices are subject to local taxes and duties where applicable.
8.3 Our products are sourced from the world’s best diamond suppliers and as such can be subject to changes in exchange rates, inflation rates and market changes. These price changes will be reflected on the site regularly. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
8.4 It is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
8.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
8.6 Payment for all Products must be by credit or debit card. We accept payment with Mastercard, Maestro, Visa, Visa Electron, Solo and Visa Debit. We will charge your card at the point of which your product is confirmed as being available. There is an additional 3% charge for payment via credit card.
8.7 Payments are completed via the WorldPay system. Please visit www.worldpay.com for more information.
OUR REFUNDS POLICY
9.1 Please read our full Return Policy section for more information.
9.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
OUR LIABILITY
10.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
10.2 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
10.3 This does not include or limit in any way our liability:
- (a) For death or personal injury caused by our negligence
- (b) Under section 2(3) of the Consumer Protection Act 1987
- (c) For fraud or fraudulent misrepresentation
- (d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability
10.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but not limited to:
- (a) loss of income or revenue
- (b) loss of business
- (c) loss of profits or contracts
- (d) loss of anticipated savings
- (e) loss of data (
- (f) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise; provided that this clause 10.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 10.1 or clause 10.2 or any other claims for direct financial loss that are not excluded by any of categories (a) to (f) inclusive of this clause 10.4. 11
IMPORT DUTY
11.1 If you order Products from our site for delivery outside Australia, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
11.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
WRITTEN COMMUNICATIONS
12.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
NOTICES
13.1 All notices given by you to us must be given to Level 1, 88 William Street, Perth 6000, Western Australia, OR by email to sales@adamasdiamonds.com.au. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 12 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
TRANSFER OF RIGHTS AND OBLIGATIONS
14.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
14.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
14.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
EVENTS OUTSIDE OUR CONTROL
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
15.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- (a) Strikes, lock-outs or other industrial action
- (b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
- (c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
- (d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- (e) Impossibility of the use of public or private telecommunications networks.
- (f) The acts, decrees, legislation, regulations or restrictions of any government.
15.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
WAIVER
16.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
16.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
16.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 13 above.
SEVERABILITY
17.1 If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
ENTIRE AGREEMENT
18.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
18.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
18.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
19.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
19.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
CONFIDENTIALITY
20.1 Where either party acquires any information relating to the business or products of the other or any of their respective Group Companies, the party acquiring that information (“the Recipient“) shall keep it confidential and not disclose it to any third party without the prior written consent of the other party.
20.2 The obligations in clause 12.1 above shall not apply to information which the Recipient can show:
- 20.2.1 was in the public domain at the time at which the Recipient acquired it, or came into the public domain after that time through no fault of the Recipient
- 20.2.2 by reasonably detailed written evidence was within the Recipient's knowledge before it was acquired from the other party
- 20.2.3 was subsequently disclosed to the Recipient by a third party who had the right to make such a disclosure
- 20.2.4 was required to be disclosed in order to comply with any law, regulation or direction of any competent authority.
