TERMS & CONDITIONS
TERMS OF SALE
THESE TERMS OF SALE CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, INCLUDING CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MAY APPLY TO YOU.
BY PLACING AN ORDER FOR PRODUCTS THROUGH THIS WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS.
These Terms of Sale (“Terms”) apply to the purchase and sale of products (“Products”) through Swiss Diamond Australia (the “Site”) or through any other means, and constitute a legally binding agreement between the individual (“Customer” or “you”) using the Site and Swiss Diamond Australia (“Seller”).
Seller reserves the right to update or modify these Terms at any time without prior notice. The latest version of these Terms will always be posted on the Site.
Please review these Terms and our Privacy Policy before purchasing any Products.
Acceptance
By placing an order through the Site, you acknowledge that you have read, understood, and agreed to these Terms.
Limitation of Liability
To the maximum extent permitted by applicable law, Seller shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to the purchase or use of any Product.
Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Australian Consumer Law (“ACL”) or any other applicable law that cannot be excluded, restricted, or modified by agreement.
Where permitted by law, Seller’s liability shall be limited to:
- the replacement of the Products;
- the repair of the Products; or
- the refund of the purchase price paid for the Products.
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.
Severability
If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions.
Governing Law
These Terms are governed by and construed in accordance with the laws of Australia and the State of New South Wales.
Any disputes arising out of or related to these Terms or the purchase of Products shall be subject to the exclusive jurisdiction of the courts of New South Wales, Australia.
Indemnity
You agree to indemnify, defend, and hold harmless Seller from and against any claims, damages, liabilities, costs, and expenses arising from:
- your misuse of the Site;
- your breach of these Terms;
- your violation of any law or rights of a third party; or
- unauthorized use of your account.
Dispute Resolution
If a dispute arises between you and Seller regarding these Terms or your purchase of Products, both parties agree to first attempt to resolve the matter through good faith negotiations.
If the dispute cannot be resolved informally, either party may seek mediation or pursue legal remedies available under Australian law.
Nothing in these Terms limits or excludes your rights under the Australian Consumer Law.
Notices
All notices relating to these Terms should be sent to the contact information provided on the Site.
Seller may provide notices to Customers via email, regular mail, or by posting updates on the Site.
Waiver
Failure by Seller to enforce any provision of these Terms shall not constitute a waiver of any rights under these Terms.
Third-Party Beneficiaries
These Terms do not create any rights enforceable by any third party.
Miscellaneous
These Terms constitute the entire agreement between Customer and Seller regarding the purchase and sale of Products and supersede all prior agreements or understandings.
Seller may assign its rights and obligations under these Terms without notice.
Customer may not assign their rights or obligations without prior written consent from Seller.
Third-Party Websites
The Site may contain links to third-party websites for convenience only.
Seller is not responsible for the content, policies, or practices of any third-party websites.
Information Disclaimer
The information provided on this Site is for general informational purposes only.
While Seller makes reasonable efforts to ensure the accuracy of information on the Site, Seller does not warrant that all information is complete, accurate, or current.
All information is provided “as is” without warranties of any kind, either express or implied.
Copyright
All content on this Site, including text, graphics, logos, images, product descriptions, and designs, is the property of Swiss Diamond Australia or its licensors and is protected by copyright and trademark laws.
No content from this Site may be copied, reproduced, modified, distributed, or used for commercial purposes without prior written permission from Seller.
Trademark
Swiss Diamond®, Swiss Diamond Australia, and related product names, logos, and packaging are protected trademarks.
Nothing contained on this Site grants any license or right to use any trademark displayed on the Site without prior written permission.
Sales & Promotions
From time to time, Seller may offer promotions, discounts, or special pricing.
If the price of a Product changes within seven (7) days after your purchase, you may contact us within that period to request a refund of the price difference.
Promotions cannot be combined unless otherwise stated.