Hot Diamonds
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Introduction

Thank you for shopping with Hot Diamonds.  This site operates for customers within Australia only. These Terms and Conditions govern the use of www.hotdiamonds.com.au ("the website") and the purchase of any goods from it. The website is owned and operated by Hot Diamonds Jewellery Pty Ltd. (ABN 46 116 370 604).  Should you have any questions, please contact Hot Diamonds on (02) 9699 9922. prior to ordering from this website.

Security

Hot Diamonds wants you to be able to order from its website with total confidence.  With PayPal, you can make payments quickly, easily and securely.  Your bank, credit card and personal details are never shared and PayPal helps prevent fraud and offers protection against unauthorised transactions.

Shipping

Delivery can be made to an Australian address only.  Flat shipping rate of AUD $10 applies.

Delivery

Hot Diamonds aims to have all product delivered within 3-5 working days. However some items that are not in stock could take longer. Hot Diamonds will notify the purchaser by email in the event an item is out of stock.

Payment

Hot Diamonds uses PayPal exclusively, enabling any customer with an email address to send payments online securely and easily using a bank account, credit card, debit card or stored balance.

Pricing

All prices quoted in the website are in Australian dollars. Prices quoted are correct at time of printing but are subject to change without notice.

Acknowledgment and acceptance of Terms and Conditions

Please note that by accessing, using or browsing this website you agree to be bound by its terms, conditions, disclaimers and limitations of liability ("Terms and Conditions"). Hot Diamonds reserves the right to amend or update such terms, conditions, disclaimers and limitations of liability at any time without providing notice to you. By using the website, you acknowledge that you have read and understood these Terms and Conditions.

Limitation of Liability

Any liability of Hot Diamonds in connection with goods or services supplied to you will, subject to any non-excludable liability for breach of conditions or warranties implied by legislation and to the maximum extent permitted by law, at the election of Hot Diamonds be limited to:

  1. in relation to goods, the replacement or repair of the goods, the supply of equivalent goods, the payment of the cost of replacing or repairing the goods or the payment of the cost of obtaining equivalent goods; and
  2. in relation to services, the supplying of the services again or the payment of the cost of having the services supplied again.

Disclaimer

The information contained on the website is provided by Hot Diamonds in good faith. To the best of Hot Diamonds' knowledge, the information is accurate and current. However, Hot Diamonds and its related bodies corporate, any of their directors, officers, employees or consultants do not make any representation or warranty as to the accuracy or completeness of the information. To the fullest extent permitted by applicable law, Hot Diamonds disclaims all representations and warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose and non-infringement.  Hot Diamonds makes no warranty that this website, any information or ideas contained on this website or any products or services will meet your requirements.
You expressly acknowledge and agree that Hot Diamonds does not control other users of this website, the providers of information or ideas to this website or the suppliers of goods and services purchased from this website, and Hot Diamonds is therefore not liable for their opinions or their behaviour, including any information or advice provided by them or any defamatory statements made by them or any offensive conduct on their part. You further acknowledge and agree that, subject to the section dealing with "Limitation of Liability", Hot Diamonds will not be liable to you or any other person for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for product liability, personal injury or negligence resulting from use of goods or services supplied to you, or on behalf of you, through the website. We believe that we have aligned ourselves with excellent delivery partners, but there may be times when, despite their best efforts, parcels are delayed in the delivery process. We will always endeavour to work with our delivery partners to ensure prompt arrival of your gifts.

Applicable Law

These Terms and Conditions are governed by the laws in force in NSW, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of NSW, Australia and any courts, which may hear appeals from those courts.

Privacy

We treat all customer information in accordance with our Privacy Policy. Our Privacy Policy constitutes part of these Terms and Conditions:

Privacy Policy

Product Information

Prices of goods and services and delivery and other charges displayed on the website are current at the time of display. These prices are subject to variation without notice. We will always attempt to be as accurate as possible with our product descriptions and pricing. However, we are unable to warrant that product descriptions or other content of the website is accurate, complete, reliable, current or error free.

Delivery

It is your obligation to enter the correct delivery address details at the time of ordering. Should you enter the wrong address, we are not obliged to re-send the order to the correct address at our expense.
Hot Diamonds aims to have all product delivered within 3-5 working days. However some products items that are not in stock could take longer. Hot Diamonds will notify the purchaser in the event an item is out of stock.
It is the responsibility of the customer to inform Hot Diamonds if an order does not arrive. Once we learn an order has not arrived by the due date, we will lodge enquiries with the postal service to ensure delivery occurs as soon as possible. We will not be held liable for any loss or damage resulting from late delivery.

Please note that if an item has been lost in transit, we will not dispatch a replacement item immediately. Replacement items will be dispatched according to our discretion. As a guide only, our postal service attempt to deliver to business addresses between 9am and 5pm. Unfortunately, we are unable give a guaranteed time of delivery. Without limiting the operation of any other Terms and Conditions herein, you agree that late delivery does not constitute a failure of our agreement, and does not entitle you to cancellation of an order. Without limiting the operation of any other Terms and Conditions herein, we will not accept liability for any loss or damage arising from items lost, stolen or damaged after delivery has taken place.

Returns and Exchanges

You or the recipient of an order may return an item that has been purchased from hotdiamonds.com.au because you have changed your mind or are unhappy with a gift.
If you return goods via an Australia Post Office, please keep the appropriate proof of return. Otherwise, if the returned item goes missing in transit to us, we will deem you not to have returned the item.
It is your responsibility to ensure the goods are adequately packaged to ensure that they are not damaged during return transit. We will not issue a return or exchange unless the product/s are in a saleable condition upon return.
All returned products must be:

In the event of a return by you or the recipient of a gift for exchange, you will pay the delivery costs of the return to Hot Diamonds and re-delivery to you.  In the event of a refund,  Hot Diamonds will not refund initial delivery, wrapping and other fees.

Goods Damaged or Faulty on Delivery

You may return damaged or faulty goods within 14 days of receipt. If a product is later deemed to be faulty, normal warranty conditions for that product apply. It is the recipient's responsibility to incur all costs and to follow warranty instructions as stated by the manufacturer. In the event that you receive a defective or damaged product, we will refund the original product price, delivery, wrapping and other fees via Paypal.   If you paid PayPal with your debit card or credit card, your payment is refunded to your debit card or credit card. It may take up to 30 days for the refund to appear on your card statement.  If you paid PayPal with your bank account or PayPal balance, your payment is refunded to your PayPal account.  Alternatively, if you request a replacement, we will despatch your replacement item (subject to availability) once we receive the return, at our cost.

Release and Indemnity

You agree to waive any and all claims that you now have or may have in the future against Hot Diamonds which relate to or are incidental to any transaction. You agree to indemnify and hold Hot Diamonds harmless from and against any and all claims, loss or expense that may be incurred by Hot Diamonds which relate to or are incidental to the performance of its duties as described in these Terms and Conditions including all costs of defending itself against a claim by any other person and/or as a result of you taking any action or refraining from taking any action or instituting or defending any action or legal proceeding. You further agree to indemnify and hold Hot Diamonds harmless from any claim made by any third party due to or arising out of your use of this website, the violation of these Terms and Conditions by you, or the infringement by you, or other users of this website using your membership account, of any intellectual property or other right of any person or entity.

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