TERMS AND CONDITIONS
These terms and conditions apply to the use of this website To Hold & To Have,including the purchase of goods and/or services.
By using this Website you agree to be bound by these terms and conditions.
Although all reasonable care is taken to ensure that images reflect as accurately as possible the actual size of products some products may appear larger or smaller than their actual size when represented in the Website.
When you purchase goods or services through the Website you must pay for those goods or services at the time of purchase, in the manner specified under Payment Terms. We do not guarantee the availability of goods advertised on the Website but will use reasonable endeavours to source the goods in a timely manner. Unless expressly stated to the contrary all amounts expressed on this website are inclusive of GST.
Risk[this is based on delivery within Australia only]
Risk of loss or damage to the goods passes to you upon dispatch of the goods.Products purchased online will only be delivered within Australia. For deliveries we use Australia Post and couriers. While we use reasonable endeavours to have goods purchased over the Website delivered to you as soon as possible, we make no guarantee as to the delivery date of goods as this is due to matters outside our control.
All goods purchased via this website are subject to our Returns Policy. The terms of our Returns Policy are incorporated into these terms and conditions by reference and you acknowledge that you have read, understood and agree to the Returns Policy before placing any orders with us.
Warranties and guarantees
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 for 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.
Goods will not be of acceptable quality if such goods are not fit for all the purposes for which goods of that kind are commonly supplied; are not acceptable in appearance and finish; have defects;are unsafe; or are not durable.
In addition to the statutory warranties, our goods come with a limited manufacturers’ warranty for a period of 12 months from the date of purchase covering against defects in material and/or workmanship on all of the goods that we sell. The manufacturers’ warranty may exceed this period of 12 months in relation to some goods.
We will, at our sole option, repair or replace a defective product or provide a full refund for the purchase price. This is without prejudice to your rights at law, including:
- relevant consumer protection legislation (including under the Australian Consumer Law); and
- the remedies under the twelve month limited warranty.
The twelve month limited warranty exclude, to the extent permitted in the legislation (including under the Australian Consumer Law):
- damage due to ordinary wear and tear, misuse, accident, abuse, alteration, substitution;
- improper repair or warranty service performed by someone other than us or our authorized repairers, theft, disappearance;
- loss (including lost stones) and/or any other type of use causing deterioration. Loose diamond stones supplied by the Retailer and assembled by someone other than the Retailer or its authorised agents is not covered by the twelve month limited warranty and the Retailer will not be liable for any such damage.
You must bring your original certificate of purchase for claim under the warranty. This certificate of purchase must be fully completed and signed on behalf of us by an authorized person at the time of purchase. If this certificate of purchase has been altered in any fashion, the contractual warranty is void to the full extent permitted by law.
Under the limited guarantee period when a product is returned for repair then only the remaining term of the original guarantee will continue to apply (e.g. if a product is purchased under the 12 month limited guarantee and returned for repair after 6 months from the date of purchase, once the repaired product is handed back to the customer, the remaining guarantee term will be 6 months.
We also provide a 30 day change of mind returns policy (refer to return-policy).
Diamond guarantee: We’re proud of our reputation for providing quality jewellery of the highest caliber. In fact, we’re so confident of the quality and workmanship of our jewellery, that every item in our annual diamond catalogue carries our unique Diamond Guarantee. Our guarantee ensures you have selected the finest quality and value for money, covering any manufacturing faults and is conditional upon us making free inspections every six months over the guarantee period.
Please note that if the Website contains any typographic errors then these are subject to correction. Items which are advertised as discounted have been ticketed and offered for sale at the higher price before the sale commenced. Sales may have taken place at lower prices.
You acknowledge and agree that, despite all reasonable precautions on our part, the Website cannot be guaranteed to be error free, uninterrupted, timely or secure and you acknowledge that the existence of any such errors, interruptions, delays or security limitations will not be a breach of this Agreement. To the full extent permitted by law, we do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of the Website or any linked website, including (without limitation) any such loss arising out of your use of or reliance on information contained on, or accessed through, the Website.
Intellectual property rights
All Intellectual Property Rights in the Website (including text, graphics, logos, icons, sound recordings and software) are either licenced to us by third parties or owned by us.
You must not in any formadapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any works or other subject matter or any part of this website generally; or commercialise any works or other subject matter, information, products or services obtained from any part of the Website; without our written permission.
All brand, product and service names used in the Website are the trade marks of us or third parties who have licensed us to use their trade marks. You are not allowed to use or reproduce any such trade marks in the course of trade, and you may only use such trade marks for accessing, viewing and/or interacting with the Website for your own personal and non-commercial use.
Unless we agree otherwise in writing, you are provided with access to the Website only for your personal use. You are authorised to print a copy of any information contained on the Website for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on-sell information obtained from the Website.
We may from time to time offer discounts and promotions in respect of our goods and services. The specific terms and conditions of those discounts and promotions will be located on a specific location on the Website, however, these terms and conditions apply to those discounts and promotions in addition to any specific terms and conditions. The provision of any such offers may be removed at any time in our complete discretion. You must ensure that your access to this website is not illegal or prohibited by laws which apply to you.
Viruses and access
You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system or data.
Accuracy of information
Whilst we have no reason to believe that any information contained on the Website is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep the Website updated.
Responsibility for the content of advertisements appearing on the Website (including hyperlinks to advertisers' own Websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers' products and each advertiser is solely responsible for any representations made in connection with its advertisement.
TheWebsite may contain links to other websites ("linked websites") and are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked websites. Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites unless otherwise stated.
We will comply with the terms of our Privacy Statement set out at privacy, and you consent to the terms of this Privacy Statement.
To the extent permitted in your local jurisdiction, these terms and conditions are governed by the laws in force in New South Wales and you agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.
We are not liable for any failure by us to comply with these terms and conditions where such failure is due to circumstance beyond our reasonable control.
If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
If any of these terms and conditions, or any part of a particular term or condition, is or are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions, or the remaining part of a particular term or condition as the case may be, shall nevertheless continue in full force.
We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon the placement of a notification of such amendment on this website. Your continued use of the website following such notification will represent an agreement by you to be bound by the terms and conditions as amended.
In this agreement:
Business Day means a day on which banking institutions generally are open in Brisbane but excluding Saturdays, Sundays and public holidays;
GST means GST as that term is defined in the 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;
Intellectual Property Rights means: any confidential information; copyright (including rights in the nature of, or analogous to, copyright); database rights; performer's protection; moral rights; inventions (including patents); trade marks; service marks; designs; circuit layouts; and any other rights of a proprietary nature in or to the results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields, whether or not registered or registrable and includes any right to apply for the registration; renewals and extensions; licences, of such rights listed in (a) to (l) above.