Terms and Conditions    

1. Definitions

1.1. In these terms and conditions (“the Terms”) unless the context otherwise requires, the following words and phrases shall have the following meanings:

“Customer Material” means any information provided by the customer to The Diamond Club including, but without limitation, your details, sizes, delivery details, requirements or any information provided in the Enquiry or Order;

“Enquiry” means any enquiry made of The Diamond Club;

“Force Majeure Event” includes any delay or failure to perform our obligations as set out in these Terms where such delay or failure to perform arises from circumstances beyond our reasonable control, including (without limitation) any Act of God, communications failure, world financial crisis, death, destruction, fire, flood, strikes, riots, accident, disruption to energy supplies, civil commotion, acts of terrorism or war;

Order Confirmation an order confirmation from The Diamond Club to you confirming receipt of your payment and the acceptance of your order;

“Price” means a price issued by The Diamond Club to you in response to an Order Confirmation and/or an Enquiry in Australian Dollar;

“Product” means quality diamond jewellery and other quality products produced by The Diamond Club from time to time and available for sale on the Website or Shop;

“The Diamond Club”, “us” or “we” means The Diamond Club Pty Ltd (ACN 109665250) whose registered office is at 126 Grand Boulevard, Joondalup, Perth, Western Australia;  

“Website” means the website for the sale of Products at www.TheDiamondClub.com.au;  

"Shop" means the shop located at 126 Grand Boulevard, Joondalup, Perth, Western Australia for the sale of Products and services;

“writing” includes email, fax or other comparable means of communication;

“you”, “your” or “customer” means the person, firm or company placing an order for Products with The Diamond Club;

2. Product Details

2.1. The Products displayed on this Website are not shown to actual size nor are their images binding as to detail. Some Products may appear slightly larger or smaller than actual size due to screen defaults and photography techniques. Other Products may be represented at a larger than actual size in order to clearly show details, or smaller than actual size in order to show the entire item, and your attention is drawn to the Product details and content where given.

2.2. All Products are subject to availability. In the unlikely event of a change in the specification or quality of the goods ordered we will offer you a substitute item of the same or better quality for the same price, which you shall be entitled to reject.

3. Price of the Products

3.1. Subject to the provisions of clauses 3.4 and 3.5 the Price of the Products will be as stated on our Website or Shop display at the time you submit your order.

3.2. Prices stated on the Website exclude GST for the item(s) Cost of delivery and insurance dependent upon the value of the item(s) purchased and so is advised in addition to the Prices stated.

3.3. All Products must be paid for in full before being dispatched.

3.4. Due to the fluctuating prices of the constituent elements of the Products, the price of the Products stated on our Website and Shop may vary if there is a delay between the time of the order and when payment in full is received by The Diamond Club and in these circumstances you may be requested to make an additional payment before the Products can be dispatched to you. For Products where a small or large size is requested or where items are custom works or any type of special order you will be asked, when submitting your order, to pay an additional amount to the price offered.

3.5. Without prejudice to clause 6.1.1, if we discover an error in the price of the Products offered we will contact you to resolve the situation.

4. Enquiries

4.1. By making an Enquiry you are under no obligation to purchase any Product but you agree to be bound by these Terms and our Privacy Policy.

5. Order Acceptance and Payment

5.1. BEFORE YOUR ORDER CAN BE ACCEPTED, WE MUST RECEIVE IN CLEARED FUNDS, OR CONFIRMATION OF AUTHORISATION OF PAYMENT (WHERE A CREDIT CARD IS USED) THE PURCHASE PRICE SPECIFIED IN FULL (WITHOUT ANY DEDUCTION).

5.2. Once payment has been received by us we will confirm that your order has been accepted by sending an Order Confirmation to you at the e-mail address you provide. Our acceptance of your order brings into existence a legally binding contract between us.

5.3. You may pay for the Products in any currency which will be converted to Australian Dollars however the final transaction will be done in Australian Dollars and this amount will be applicable incase of a refund.

5.4. You must pay for the Products you order by using any method currently specified on the Website or Shop, which may include without limitation;

5.4.1. a telegraphic transfer or a bank transfer to the Diamond Club account; or

5.4.2. credit or debit card by communicating your card details to The Diamond Club (for the avoidance of doubt the credit/debit cards accepted by us are those listed on the Website or Shop on the date your order is placed).

5.5. In the event that payment for an order is not received; or you are not fully and legally entitled to use your nominated credit, debit or charge card; or such card has insufficient funds to cover the price of the Products then:

5.5.1. The Diamond Club may contact you allowing you to make payment in full within a specified time period by the same or another means; or

5.5.2. The Diamond Club may at its sole discretion cancel your order in which case The Diamond Club shall return any monies received from you within 30 days of receipt of such monies to your nominated account and The Diamond Club shall be entitled to deduct an administration fee of $20;

5.5.3. you agree that in any event that The Diamond Club shall have no liability to you for any loss, damage, costs, expenses or other claims that you may incur.

5.6. You agree to indemnify The Diamond Club in full against all costs and outgoings incurred by us in obtaining payments from you in the event a failed payment occurs.

5.7 The US dollar price shown on website is only as reference for international buyers . The transaction is conducted in Australia under Australian Laws with Australian Dollars.

6. Our Right to Cancel

6.1. We reserve the right to cancel your order if:

6.1.1. one or more of the Products you ordered was listed at an incorrect price due to a typographical error in the pricing information received by us from our suppliers or for any other reason; or

6.1.2. a Force Majeure Event occurs.

6.2. If we do cancel your order we will notify you by e-mail and will offer an alternative replacement Product or refund to you any amounts paid to us as soon as possible and in any event within 30 days of your order.

6.3. We shall not be obliged to offer any additional compensation for disappointment suffered and we shall have no liability to you for any loss, damage, costs, expenses or other claims that you may incur including change in exchanges rates.

7. Delivery

7.1. As part of our insurance requirements and quality control procedure, before any Product is shipped the Product is inserted into the packaging in the presence of a suitable individual and duly sealed.

7.2 We reserve the right to charge for and fulfil partial orders where the Order Confirmation consists of multiple items.

7.3. Delivery will be made to the address specified in the Order Confirmation. The Diamond Club reserves the right to restrict the delivery of Products to certain areas.

7.4. Subject to clause 7.3, we will take all reasonable steps to deliver your order to you on or before the date specified in the Order Confirmation but delays may be caused and delivery can be delayed due to Force Majeure Events or for any other reason and The Diamond Club does not warrant or guarantee the delivery date specified in the Order Confirmation and shall have no liability to you for any loss, damage, costs, expenses or other claims that you may incur as a result of late delivery. The time for delivery of the Products shall not be of the essence of the contract.

7.5. You will become the owner of the Products you have ordered when they have been delivered to you. Once the Products have been delivered to you they will be held at your own risk and we shall not be liable for their loss or destruction.

8. Right of Cancellation

8.1. EXCEPT FOR the Products that are custom works or special orders, you will be entitled to cancel your order by written notice to us by following the procedure in clause 10. You do not need to give us any reason for cancelling your order and subject to clause 10, nor will you have to pay any penalty. Products that are custom works or special orders cannot be cancelled or returned. This policy is in accordance with the EU Distance Selling (Directive 97/7) as ratified by part of the Consumer Protection (Contracts Concluded by Means of Distance Communications) Regulations 2000.

9. Warranties and Refunds 

9.1. Subject to the following provisions of this clause 9.1, we warrant that the Products will be of satisfactory quality. Diamonds are sold on the strength of the grading done the 3rd party issuing body.  The aforementioned warranty is given by The Diamond Club subject to the following condition:

9.1.1 The Diamond Club shall be under no liability to the customer for any loss, damage, costs, expenses or other claims in respect of: (a) any defect arising from wilful damage, negligence, failure to follow instructions for the use of the Products (whether oral or in writing); (b) misuse or alteration of the Products without our approval; (c) arising from any Customer Material supplied by you which is incomplete, inaccurate, illegible, out of sequence or in the wrong form, or any other fault of the Customer; (d)  Discrepancies that arise from difference of opinion between issuing parties of diamond grading  certificates,   and/or (e) for Products not manufactured by The Diamond Club, in respect of which the customer shall only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer to The Diamond Club.

9.2 If you do not receive the Products ordered by you within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 40 days of the date on which you ordered the Products.

9.3. The Diamond Club's high quality jewellery should meet or exceed your expectations. However, in the event that you are dissatisfied with your order, the Products delivered to you are incomplete or you have received incorrect Products, we shall have no liability to you unless you call The Diamond Club customer service help line at +61 8 9301 5880 to obtain an authorisation number and notify The Diamond Club of the problem WITHIN 48 HOURS OF DELIVERY of the Products in question.

9.4. If you notify a problem to us under clauses 9.2 or 9.3 or we have committed a breach of the warranty at clause 9.1 our only obligation will be (to be determined by us):

9.4.1. we may refer you to a local jeweller associated with The Diamond Club to rectify the fault at the cost of The Diamond Club; or

9.4.2. we may offer you an alternate Product free of charge (which is equal in cost value to the returned product and at our sole discretion, and of course subject to availability) within 60 days of notification provided that the original Product is returned to us in accordance with clause 10; or

9.4.3. we will arrange with you for the Products to be returned to us in accordance with clause 10, and we shall refund the initial price paid in Australian Dollars,

AND IN EACH CASE THE DIAMOND CLUB SHALL HAVE NO FURTHER LIABILITY TO YOU.

9.5 The customer is solely responsible for satisfying them self as to the suitability of the Products for any particular purpose and the customer acknowledges that they rely solely on their own skill and judgement and not The Diamond Club's skill and judgement in determining such suitability.

9.6 The customer acknowledge that there are no refund after they approved the product or diamond and then simply change there mind. In some cases ( to be solely determined by us) a refund will be considered less shipping and handling charges.

10. Returns Procedure

10.1. If you exercise the right to cancel under clause 8.1 or a right to return the Product(s) in accordance with clause 9.4, then the following procedure must be followed:

10.1.1. except in cases where clause 9.3 applies, call The Diamond Club customer service help line on +61 8 9301 5880 within 2 working days after the date of delivery of the Product(s) to you to obtain a return authorisation number and a delivery address to return the Product(s) to ;

10.1.2. complete the return form provided with the original packing materials for the delivered Product(s);

10.1.3. secure the Product(s) and all of the original packing materials, including return form, packing slip, and the diamond certificate if appropriate, in a plainly wrapped cardboard box (the post office has these available if you do not);

10.1.4. send the Product(s) by registered mail, as this is the safest way to ship high-value items.

FOR YOUR PROTECTION, PLEASE INSURE THE PACKAGE FOR THE FULL AMOUNT OF THE INVOICE PLUS SHIPPING CHARGES. THE DIAMOND CLUB SHALL NOT BE RESPONSIBLE FOR ITEMS LOST OR DAMAGED WHILE SHIPPING.

10.1.5. clearly print your name and address on the outside of the package in the return area.

Mail the package to:

The Diamond Club Customer Services

Suite 1.3

126 Grand Boulevard

Joondalup

6027

Western Australia

Please be careful: You are strongly advised NOT to write jewellery, diamonds or other luxury-related words anywhere on the package, as this invites possible theft of the package.

Conditions of Return 10.1.6. Returns are simple, but are subject to certain rules:

(a) packages without a return authorization number issued by The Diamond Club pursuant to Clause 10.1.1 will not be accepted for refund;

(b) the item MUST be received by The Diamond Club WITHIN FIFTEEN (15) DAYS from the date of delivery of the order to you from The Diamond Club. Any items received after (fifteen) 15 days from the shipment date will not be accepted for refund;

(c) each item must be returned in the same condition as it was sent, unworn and undamaged. Damaged goods due to your negligence will not be accepted for refund. Due to reasons of hygiene, earrings are shipped in a transparent plastic bag which is sealed; to qualify for a refund we can only accept earrings back if they are returned the way in which they were received;

(d) the original The Diamond Club security tag must still be on the item in order for refunds to be processed. The Diamond Club will not process the refund otherwise;

(e) if the Product is a diamond, then any original gemmological laboratory certificate that was issued with the diamond needs to be returned as well. This is very important. The diamond certificate has a $300 replacement fee. If the certificate is not returned, the cost of replacing it will be deducted from any refund payable to you.

10.2. Subject to the conditions in clause 10.1, The Diamond Club will refund the full cost of the item. Refunds will be made in the same form as the original purchase.

10.3. All requests will be processed after our laboratory inspects and verifies the condition of the Products. Returns take approximately five business days to process upon receipt of the item.

11. Use of the Website

11.1. You agree to use the Website only for lawful purposes and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of the Website. Prohibited behaviour includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within the Website.

11.2 The Diamond Club gives no warranty or representation as to the accuracy, suitability or reliability of the information and content of this Website for any purpose, which information and content is provided on an “as is” basis.

11.3. The Diamond Club does not warrant that functions contained in the Website content will be uninterrupted or error free, that defects will be corrected, or that The Diamond Club or the server that makes it available are free of viruses or bugs. We shall have no liability for any direct, indirect, special or consequential loss arising out of the use of or the inability to use this Website including (without limitation) reliance on any information or content of the website or which results from mistakes, omissions, interruptions, deletions of files or emails, defects, viruses or delays in operation or transmission.

11.4. The information and Terms on the Website or in the Shop may contain technical inaccuracies or typographical errors and may be changed or updated without notice. The Diamond Club may also make improvements and/or changes to the Website at any time without notice.

11.5. Any information we receive from you will be dealt with in accordance with our Privacy Policy.

11.6. Certain links in this Website connect to other websites maintained by third parties over whom we have no control. We make no representations as to the accuracy or any other aspect of information contained in other websites.

12. Liability

12.1. Nothing in these Terms will limit our liability for death or personal injury resulting from our negligence or that of our employees or agents. If you are a consumer (within the meaning of the Unfair Contract Terms Act 1977) the content of these Terms will not affect your statutory rights. If you are not a consumer then subject as provided in clause 9.1, all other warranties, conditions or other terms, whether implied by statute common law or otherwise, are excluded to the fullest extent permitted by law.

12.2. Where The Diamond Club provides any information in relation to the Products supplied to it by a third party, The Diamond Club does not give any warranty, guarantee as to its accuracy or otherwise and shall have no liability to the Customer for any losses arising as a result thereof.

12.3. In the event that we are unable or fail to deliver the Products ordered within any time period specified, we will use our best endeavours to contact you in order to re-schedule the delivery time. The Diamond Club does not warrant or guarantee the delivery date specified in the Order Confirmation and shall have no liability to you for any loss, damage, costs, expenses or other claims that you may incur as a result of late delivery.

12.4. We will not be in breach of contract as a result of any Force Majeure Event.

12.5. IN ANY EVENT, THE LIABILITY OF THE DIAMOND CLUB FOR ANY BREACH OR THE AGGREGATE LIABILITY FOR ANY SERIES OF BREACHES UNDER OR IN CONNECTION WITH THESE TERMS SHALL NOT EXCEED THE VALUE OF THE RELEVANT ORDER PLACED BY YOU FROM TIME TO TIME.

12.6. The Diamond Club shall have no liability for loss of profit or for any indirect, special or consequential loss of damage, costs, expenses or other claims for compensation whatsoever arising out of or in connection with the supply or non-supply of the Products (including any delay in supplying the Products) or their use or resale by you. Other than as set out in clause 9.2, the entire liability of The Diamond Club arising out of any order for Products from you will be limited to the total price of the Products ordered by you.

12.7. You must observe and comply with all applicable regulations and legislation, including all necessary customs, import or other permits to purchase Products from our Website or Shop. The importation or exportation of our Products may be prohibited by certain national laws. We make no representation and accept no liability in respect of the import or export of the Products you purchase.

13. Notices, Enquiries and Complaints

13.1. Any notices, enquiries or complaints should be:

13.1.1. e-mailed to info@thediamondclub.com;

13.1.2. addressed to customer services on telephone number +61 8 9301 5880 or faxed to +61 8 9301 5883 : or

13.1.3. sent by post to The Diamond Club

Suite 1.3

126 Grand Boulevard

Joondalup

6027

Western Australia

14. Intellectual Property

14.1. The entire content of the Website, including all copyright, trademarks and other intellectual property rights it contains, including the use of the name 'The Diamond Club' is the sole property of The Diamond Club or our licensor. You are permitted to copy, transmit and to use such material only for the purpose of ordering Products from the Website, but you not are entitled to copy, reproduce, transmit, display in public, create derivative works from or otherwise commercially exploit such material.

14.2. All intellectual property rights in the Products (subject to the rights of any third party) belong to The Diamond Club.

14.3. You warrant that all Customer Material provided to us will not be defamatory or infringe the copyright or other rights of any third party, and you shall indemnify The Diamond Club against any loss, damages, costs, expenses or other claims arising out of any such infringement.

15. Privacy Policy

15.1. You acknowledge and agree to be bound by the terms of our Privacy Policy.

16. General

16.1. These Terms govern the contract to the exclusion of all other terms and conditions stipulated in any other communication or document unless expressly agreed in writing by The Diamond Club.

16.2. The Diamond Club reserves the right to vary the content of these Terms from time to time, with any changes being published on the Website. However, such variations will not affect any Contract between The Diamond Club and you. Continued use of the Website, or any of its services will signify that you agree to any such changes.

16.3. We may correct any typographical, clerical or other error or omission in any information on the Website or in any email or other document or communication issued by The Diamond Club without incurring any liability on our part.

16.4. If any clause or part of a clause in these Terms is held by any Court of competent authority to be unlawful, invalid or unenforceable, such clause or part shall be severed and the remaining provisions of these Terms shall remain in full force and effect.

16.5. These Terms, together with our Website and Shop prices, delivery details, contact details and privacy policy set out the whole of our agreement relating to the supply of the Products by us. Nothing said by any sales person on our behalf should be understood as a variation of these Terms or as an authorised representation about the nature or quality of any Products offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

16.6. The contract between you and The Diamond Club shall be governed by Australia law and you and The Diamond Club submit to the exclusive jurisdiction of the Australian Courts.                   

16.7 Under no circumstances shall The Diamond Club be liable for any indirect, special, incidental or consequential damages of any kind, regardless of the form of action, whether in contract, tort (including negligence), strict product liability or otherwise, even if we have been advised of the possibility of such damages