Terms and Conditions

Australian Consumer Law requirements

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

Terms and Conditions

In addition to the rights granted by the Australian Consumer Law, the specific provisions set out in these Terms and Conditions apply.

• Please read these terms and conditions carefully before using this website. By using this website, you signify your explicit assent to both the privacy policy and the terms and conditions of this website.

• In these terms and conditions, expressions “Diamond Petals”, “we”, “us” and “our” are a reference to Diamond Petals ABN 73 665 234 917 and “you” and ““your” are reference to the person accessing or using this website.

• These terms and conditions include terms of services available on the website as well as the terms and conditions of this website.

• Both the privacy policy and the terms and conditions apply to guests/users who (visit the website but do not transact business on the website) and members (users who are registered by the Website to transact business on the website).

• The right to terminate or modify the website or just a part of the services being offered, and the website solely lies with us. This can be done without liability to anyone (users, guests or a third party) and without any prior notice. You must regularly review the terms and conditions to know about any changes.

• Nothing in these terms and conditions should be construed to confer any rights to third-party beneficiaries.

1.   Definitions

1.1. Jewellery means any predesigned jewellery/ create your own design jewellery set with gemstones and/or diamonds that are sold on the website.
1.2. Mounts are defined as designs that hold the gemstone(s)/diamond(s) in place and may or may not have gemstones/diamonds. Members can select Mounts and diamonds separately to create customised Jewellery.

1.3. A loose diamond is a diamond that has been cut and polished, but not yet made into a piece of jewellery, like an engagement ring. When you buy a loose diamond, you’re buying just the diamond on its own.

1.4. GST means the term defined in GST Law, and any interest, penalties, fines, or expenses relating to such GST; GST Law means, where the context requires or permits, the A New Tax System (Goods and Services Tax) Act 1999 (Cth) and/or associated Commonwealth legislation, regulations, and publicly available rulings.

2.   Description of Services

2.1. Certain services provided on our website is solely for our members.

2.2. Please note that some of the terms under these Terms of Use differ for purchases for personal consumption and for investment purposes.

2.3. The website displays diamonds and gemstones that are specifically recommended for the purpose of investment. We also feature recommendations of trained diamond consultants and recommend good buys.  Recommendations are not guaranteed under any circumstances, and we will not be held liable for any loss and/or damage suffered by members/customers who rely on such recommendation.

3.   Product Images and Videos

3.1. Some items may appear slightly larger or smaller than the actual size due to screen defaults and photography and videography techniques. They might appear somewhat smaller or larger than the original size. Sometimes the items may be represented larger than the original size to show the details clearly or smaller than the original size to fit the entire item on one screen. Diamond Petals will not be held liable for any legal action in this matter.

4. Certified Diamonds

4.1. All loose diamonds purchased for retail and investment purposes will have a certificate included. All certificates are issued by an autonomous third-party verifying authority. For any diamond jewellery, inclusion of certificates will be dependent on the type of jewellery chosen. Diamonds in jewellery/ mounts will not be individually certified unless explicitly mentioned at the point of placing the order. The entire jewellery will be certified by an autonomous third-party depending on the value of the jewellery. Please read the product specification at the time of purchase or contact us for more information.

5.   Registration

5.1.  Users may register on the Website to become Members prior to the completion of any transaction on the Website. Guest checkouts will be provided with a user account on completion of purchase.

5.2. For registration, users will have to provide their personal information (as defined in the Privacy Policy). This information contains but is not limited to contact number, name, address, e-mail, and customer verification question (e.g., what is you’re the maiden name of your mother?) for verification purposes.

5.3. Registration is only a one-time process and if the Member has previously registered, they should be able to log in to their account at any time.

6.   Retail Purchase

To purchase items directly from the website or to customise or provide your own design you can either:

6.1. Add a selected loose diamond(s) directly to your shopping cart; or

6.2. Choose from the selection of jewellery available on the website and add the item to the shopping cart; or

6.3. Call us directly to place an order. You will receive a confirmation after you have placed the order online.

6.4. Provide us with your own design, discuss design ideas, options, budget, and we will provide you with the best price. You will receive a confirmation after you have accepted the quote and placed the order.

Upon making an online purchase, you may be required to register on the website after adding the item(s) to their shopping cart. You will be required to provide other mandatory information essential to complete the payment.

Orders will be considered complete only after the payment has been received by us. For order confirmation made through the website, our representatives may randomly call the users and ask for verification question. We will confirm the order only after you answer the verification question. This step is taken to ensure security against cybercrime.

Once the payment is confirmed:

• For purchase of loose diamonds – diamonds will be shipped and delivered to the member within 2-3 weeks approx.; or

• For all jewellery purchased from our online collection or customised jewellery (your own design) – we will make to order and ensure delivery to the member within 4-5weeks approx.

In the event the bank rejects to honor any payment transaction made by a member towards an order, we reserve the right to refuse to ship the order to you without any liability whatsoever.

7.   Product Availability

7.1. We try our best to maintain stock for all our products. However, sometimes due to website update delays, information about a product running out of stock might not be in our knowledge. In this case, if you have made the payment and the product is not available, we will refund the amount through the same channel it was paid.

7.2. If the diamond(s) selected is not available, we will contact you and suggest alternate diamonds. Should you agree and choose a new diamond, we will proceed to confirm the new order. In case the cost of the new selection is higher than the original one, you will be required to pay for the additional cost. In case the cost of the new selection is lower than the original one, we will return the balance amount according to the terms specified in the Terms and conditions.

7.3. The pricing of the loose diamonds may vary from category to category and seller to seller. Moreover, other factors like the overhead costs due to physical presence, seller reputation, jewellery design, diamond market demand, supply and brand value affect the price. The prices on our website are generally lower due to minimal overhead costs.

7.4. While we try to provide most accurate loose diamond pricing and related information, the information about such diamonds does not provide a guarantee of value, nor gives suggestions or recommendations of any sort for buying or selling diamonds. All grading and pricing are subjective methods of analysis, and no guarantee is made, or liability assumed as to the accuracy or validity of the information provided by the Service or the expertise of those providing information via our website.

7.5. Occasionally, data may be inaccurately displayed on the Website due to system errors. We reserve the right to correct any and all errors when they do occur, and we do not honour inaccurate or erroneous prices.  Prices are subject to changes without prior notice. For any order the price is the prevailing price on the day the order is confirmed. For questions and queries, feel free to contact us at: contactus@diamondpetals.com.au or call on +61 0492 923 329.

8.   Product Weight Variance

8.1. The product weight mentioned on the website for jewellery and mounts may sometime vary upon manufacturing the product.

9. Payment Plan

   • You may choose to opt in for our payment plan where we offer you to make 30% payment of the total value of the product at the point of placing the order. The balance 70% of the payment amount will need to be made within 4 weeks of you placing the order or before the product is ready to be dispatched for delivery.

   • Failure to pay the balance amount within such period will result in us holding back the product and the 30% amount you paid at the point of placing the order will be forfeited. This is to cover the manufacturing cost of the product.

   • In opting for such payment plan arrangement, the 30 days refund policy does not apply (becomes null and void).

   • You agree that we hold no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorisation of any transaction, on account of the cardholder having exceeded their pre-set limit.

For more information, please contact us on contactus@diamondpetals.com.au or call on +61 492 923 329.

10.       Customs, duties, and taxes

10.1.                 All products are custom made overseas (India) and related taxes and import duties are applicable on importation at the border. We take full responsibility of undertaking all the necessary procedures at the border to release the goods.

10.2.                 Total price displayed at checkout includes freight and applicable taxes e.g.: GST, import and customs duty etc. All such applicable charges are included in the price displayed on our website. Should wish to understand the applicable import duties in depth please contact Australian border Force or visit their website https://www.abf.gov.au.

10.3.                 Any overseas consignments may be subject to opening and inspection by Australian customs authorities. To facilitate customs clearance and comply with Australian Border Force rules and regulations, we may be required to provide certain order, shipment, and good information, such as your title, to our international exporters, and such information may be communicated by shipping service providers to Australian customs authorities. They may require us to declare the value of the goods you have purchased.

10.4.                 You consent delays associated with customs clearance procedures may cause our original delivery time frames estimates to be exceeded.

11. Shipping and Delivery

11.1.                  At the time of placing the order, you will be required to state the full name of the recipient as stated in their (recipient’s) government approved photo identification.

11.2.                 At the point of delivery, the courier company/agent will only hand over the package after proper verification is done. To ensure safe and secure delivery, the courier company/agent may also request to see the photo identification. The recipient must cooperate and provide valid identification if requested.

11.3.                 In case you want any other person to receive the package on your behalf, you must specify the details at the point of placing the order. Once the order is processed, you will not be able to modify the details of the recipient. However, the shipping address can be changed before the shipment of the product. This can be done by logging into the website and clicking on “Change Shipping Address”, this can be found next to the change the address and the shipping address button. Alternatively, you can contact us via email or phone.

11.4.                 Recipient accepting delivery should carefully examine the package delivered and should not accept deliveries where the packaging has been tampered with. Recipient must open the package and check all the contents inside prior to accepting and signing the delivery receipt. Recipient should not accept the delivery of the package, where they find that the box is empty, or the contents are damaged, or the contents are not in accordance with the order placed.

11.5.                 When the recipient signs the delivery receipt, they acknowledge that the product delivered is what they have ordered. We will not be held liable to the member/customer/recipient for any replacement/refund, under any circumstances, for any subsequent complaints with respect to such deliveries.

11.6.                 If for any reason, the recipient is not available at the time of delivery, the courier company/agent will deliver the package to the nearest Australia post service or if we have chosen an alternate courier company the package will be delivered as per the arrangement may be with the courier company and us.

11.7.                 All costs that incur in handling and re-shipping the product in such cases is to be paid by the member/customer.

11.8.                 Any guarantee for delivery made by us is subject to the terms and conditions of the courier company. Members/customers are advised to be extra cautious when completing the name and address details at the time of placing the order. Any errors or inconsistency may result in non-delivery of the product or may result in getting the product delivered to a wrong address.

12. Insurance

12.1.                 Only transit insurance will be provided by us which will be valid only up to the time of acceptance of delivery.

13. Refunds

13.1.                 Any refunds due by Diamond Petals to the Member for non-availability of diamonds or alternate diamond selection will be done through the same channel it was paid.

13.2.                 Depending on the bank’s time frame, the refund may take up to 15 business days to process.

14. Non-excludable guarantees under the Australian Consumer Law

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

14.1.                 Subject to any rights you may have under the non-excludable guarantees under the Australian Consumer Law, fees and charges may be applicable to you in relation to any repair/service not covered by the guarantees under the Australian Consumer Law.

14.2.                 We reserve the right to judge whether a jewellery has been subject to wear and tear, abuse, damage, alteration, replacement, improper repair, theft, loss (including lost diamonds and/or gemstones) or any other type of use causing deterioration. If, in our sole discretion, such jewellery shows signs of any of the foregoing, Diamond Petals reserves the rights to refuse to cover (to the fullest extent permitted by law, including Australian Consumer Law) any consumer guarantee.

14.3.                 Certain jewellery is rhodium plated to enhance its appearance. This plating is not permanent and will require further coating to maintain the enhanced appearance. We exclude to cover this within our full rights.

14.4.                 Loose diamond stones supplied by Diamond Petals and assembled by someone other than us can be damaged during product assembly (Third Party Damage). Such Third-Party Damage (to the fullest extent permitted by law, including Australian Consumer Law) will be excluded to be covered by us. We will not be liable for any such Third-Party Damage or any claim arising as a result of, or in connection with, such Third-Party Damage.

15.       Resizing and Repairs

• Rings which do not form part of any promotion or price reduction can be resized once, at no charge, at the time of purchase or twelve months from the date of sale. If you wish to resize such rings purchased from us once, you can visit your local nearest jewellery store and get it resized. We will reimburse the total cost upon producing the receipt.

15.2.                 Rings requiring resizing greater than three sizes up or down will incur a fee. 

15.3.                 In case the cost of resizing exceeds the ring’s cost, this difference will be paid by the customer. If the cost of resizing is less than the ring’s original cost, we will reimburse the amount to the customer. This is subject to a reasonable price that will need to be accepted by us before the ring is handed for resizing.

15.4.                 Depending on the bank’s time frame, reimbursement may take up to 15 business days to process.

15.5.                 Members/customers are cautioned that in certain cases resizing may not be possible due to the style and design of the ring and as such may require to be remade in which case additional charges will apply. Therefore, it is advisable to provide the right ring size while placing the order. We highly recommend that you visit your local jeweller and have the finger size professionally measured. This saves times from getting the ring resized at a later stage.

15.6.                 If for some reasons, your product needs to be repaired, we will repair/ replace the product for charges which would be determined by us after assessing the cause of the damage and the extend of repair.

15.7.                 Shipping charges under repairs shall be borne by the member/customer.

I HAVE READ THE TERMS OF USE AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.