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Disclaimers

DISCLAIMERS

1. In General

In these Terms of Service, "we", "us", "our" means The Diamond Store.

Access to and use of this Website and the goods and services available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.

Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.

SHIPPING & RETURNS

A) Faulty stock:

We may provide you an exchange, store credit or refund if:

• The product displays a manufacturing fault & or latent manufacturing defect
• The product is not fit for purpose or states purpose made in any advertising or packaging statements
• Does not match the online image ,description or measurements
• The product was damaged in transit due to mishandling or insufficient packaging.

And you return the item within a reasonable time after purchase and provide The Diamond Store with proof of purchase, such as your The Diamond Store tax invoice, receipt or bank statement. The item must be returned, in its original condition with labels/tickets attached & with the packaging intact. If you meet all conditions we can arrange the item to be exchanged or provide a store credit, refund or exchange.

The Diamond Store reserves the right to ask you to demonstrate that you did not cause or create the fault in the item.

Australian Online Customers – how to return a faulty item

Please enclose your goods with the required paperwork and once we have received item we will either exchange the item or provide a full refund including postage.

International Online Customers – how to return a faulty item

Please note that we do not offer exchanges for international customers, however we will gladly refund your purchase to your original method of payment provided all of the Refund Policy conditions are met. Please note that any such costs associated with the refund like bank charges, exchange rate commission etc will have to be entirely borne by the customer.

B) Change of Mind

If you wish to return an item simply because you change your mind then we will exchange or provide a store credit provided you return the goods within a reasonable time from the date of purchase. The item must be returned, in its original condition with labels/tickets attached & with the packaging intact, with our original receipt and the completed returns.

Australian Online Customers Only – how to return a product due to change of mind

• For your convenience, items purchased online by Australian residents may be exchanged or a credit note issued at any of our The Diamond Store stores provided 'Refund Policy' conditions are met.
• Online Exchange - Please enclose with your goods post back the item along with a postage paid envelope and other required paperwork as required of the change of mind policy. Once the goods have been received we will exchange and post back the requested item. Please note: all postage costs will be covered by the customer.
• Credit Note - Please enclose with your goods all the required paperwork and a credit note will be issued to you.

Any returning items in point A) and B) above are shipped at the customer’s risk and The Diamond Store will not take responsibility and/or liability for any items that are lost or damaged due to the negligence or fault of a third party. All returned items should be returned with all the original accessories (that were included with the item) and in their original packaging.

Indemnity

If you return any item it will be implied that you agree to indemnify The Diamond Store and keep The Diamond Store indemnified, and hold harmless from and against any and all claims, loss, damage, taxes, liability and/or expense that may be incurred by The Diamond Store arising out of or in connection with the return by any other person as a result of your, or any person under your authority:

(a) act or omission;
(b) breach of these terms and conditions; or
(c) breach of any legislation applicable in Australia and overseas.

Dispute Resolution

If at any time you feel that your rights under the Australian Consumer Law or rights in accordance with The Diamond Store’s Online Returns Policy contained in this document are not being satisfactorily observed by our staff then you may escalate your dispute in writing to:

The Diamond Store
PO Box 1142
Menai Central, NSW 2234

DEFINITIONS

Manufacturing fault or latent manufacturing defect

A faulty product will be deemed to have a manufacturing fault or latent manufacturing defect if:

• a reasonable customer would not have purchased the goods if they had been fully aware of the extent of the failure or defect
• the goods depart in a significant respect from any description, sample or model
• the goods are substantially unfit for purpose and cannot be easily remedied within a reasonable time
• the goods are unsafe

Not fit for Purpose

Goods are not fit for purpose if:

• they are not fit for all purposes you would usually use those goods for;
• they are not fit for any represented purpose
• they are not fit for a purpose you made known to sales staff at the time of purchase.

Proof of Purchase includes but is not limited to:

• The Diamond Store receipt
• Credit Card or Bank Statement showing The Diamond Store description

If you have any questions, please email us at info@thediamondstore.com.au