Terms of Service
📜 Terms of Service
1. About the Website
Welcome to Diamonds By You (www.diamondsbyyou.com.au).
This Website provides you with the ability to browse and purchase jewellery products (“Products”) through our online platform (“Purchase Services”).
The Website is operated by Diamonds By You (ABN 42 647 988 247).
By accessing or using this Website, you agree to be bound by these Terms & Conditions. If you do not agree, you must cease use of the Website immediately.
Diamonds By You reserves the right to update these Terms at any time. Changes take effect immediately upon publication.
2. Acceptance of Terms
By continuing to use this Website, you confirm that you:
- Have read and understood these Terms
- Agree to be legally bound by them
- Are at least 18 years of age or legally capable of entering a binding contract
3. Registration & Account
To access certain services, you may be required to create an account.
You agree that:
- All information provided is accurate and up to date
- You are responsible for maintaining the confidentiality of your login details
- Any unauthorised use of your account must be reported immediately
Diamonds By You reserves the right to suspend or terminate accounts at its discretion.
4. Use of the Website
You agree not to:
- Use the Website for unlawful or fraudulent purposes
- Interfere with the Website’s functionality or security
- Use automated systems (bots, scraping tools, etc.)
- Distribute spam or unauthorised communications
Any breach may result in termination of access and legal action.
5. Orders & Payments
By placing an order, you agree to:
- Pay the listed purchase price at checkout
- Provide accurate billing and shipping details
Payments are processed via secure third-party providers (e.g. Shopify). By using these services, you agree to their respective terms.
Orders are only confirmed once payment has been successfully processed.
6. Production & Custom Orders
All Diamonds By You products are made to order.
Once an order is placed:
- Production begins immediately
- Orders cannot be cancelled, changed, or refunded for change of mind
7. Warranty & Australian Consumer Law
Our products come with guarantees that cannot be excluded under Australian Consumer Law.
You are entitled to:
- A replacement or refund for major failures
- Repair or replacement for minor faults
In addition, Diamonds By You provides a 3-Year Limited Warranty covering manufacturing defects.
Warranty Conditions:
- Proof of purchase is required
- Claims must be submitted within the warranty period
- Shipping costs for claims are the responsibility of the customer
Warranty does not cover:
- General wear and tear
- Accidental damage or misuse
- Modifications by third-party jewellers
8. Delivery
We use third-party delivery providers for shipping.
By purchasing, you acknowledge:
- Delivery times are estimates only
- Diamonds By You is not the carrier
- Risk may transfer upon dispatch (subject to shipping terms)
If items are lost or damaged in transit:
- Contact the delivery provider first
- Then notify us for assistance
9. Intellectual Property
All Website content (including text, images, branding, and designs) is owned by or licensed to Diamonds By You.
You may not:
- Copy, reproduce, or distribute content
- Use branding or designs without written permission
10. Privacy
Your personal information is handled in accordance with our Privacy Policy.
By using this Website, you consent to the collection and use of your information as outlined.
11. Disclaimer
All Products and services are provided “as is” and “as available”.
While we aim to ensure accuracy:
- Product images, colours, and sizes may vary slightly
- We do not guarantee uninterrupted or error-free Website operation
Nothing in these Terms excludes rights under Australian Consumer Law.
12. Limitation of Liability
To the maximum extent permitted by law:
- Diamonds By You is not liable for indirect, incidental, or consequential damages
- Total liability is limited to the purchase price of the product
This includes (but is not limited to):
- Loss of profits
- Business interruption
- Data loss
13. Termination
We may suspend or terminate your access if:
- You breach these Terms
- Required by law
- Continued service is no longer commercially viable
You may terminate your account at any time by contacting us.
14. Indemnity
You agree to indemnify Diamonds By You against any claims, damages, or losses arising from:
- Your use of the Website
- Your breach of these Terms
- Any unlawful activity conducted under your account
15. Dispute Resolution
If a dispute arises:
- Both parties must first attempt to resolve it in good faith
- If unresolved, the matter will proceed to mediation
- Mediation will take place in Sydney, Australia
16. Governing Law
These Terms are governed by the laws of New South Wales, Australia.
Any disputes will be subject to the jurisdiction of NSW courts.
17. Severability
If any part of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full effect.
🤍 Contact Us
For any questions regarding these Terms: