Terms of Use

These “Terms and Conditions” (T&Cs) are a binding legal contract between all users of our company website (http://bigdiamond.com.au) and Big Diamond. This applies to all users who purchase products through our website. All users agree to adhere to these Terms and Conditions. 

Big Diamond reserves the right to revise or change these T&Cs at any time without prior notice to you. Your continued use of the site constitutes your acceptance of the new or modified T&Cs. If you do not agree to the Terms and Conditions posted on the site, you must stop using this site immediately. 

Big Diamond reserves the right to cancel any transactions that, in its sole opinion, may be fraudulent, questionable or in dispute. 

Introduction and Key Definitions

• If you use our website, you agree to the following disclaimer and Terms and Conditions (“Usage Terms”) which together with our Privacy Policy govern your use of this website. 
• In these Terms and Conditions, the words “the Company”, “we”, “our” or “us” mean the owner of the website, which is Davah Pty Ltd trading as Big Diamond (ABN 281 412 768 51). 
• In these Terms and Conditions, the following definitions shall apply:
  • “Content” includes the following: social media and all media, posts, text, emails, private messaging, files, images, videos, print media, website content, descriptions of item profiles, etc. This applies to all users and viewers of our website and online content. 
  • “Trading terms” means our company’s Terms and Conditions (which can be amended at any time) including these. 

Usage Terms 

ALL USAGE OF OUR WEBSITE IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS.  

Acknowledgement 

You acknowledge that by accessing or using our website, you agree to these Usage Terms which may be amended at any time, and you agree that you have read and understood them and are bound by them. We reserve the right to verify all information regarding the competing offer which is provided to us (this includes contacting suppliers) and to refuse to offer a Price Beat Guarantee at our own discretion. We reserve the right to refuse to offer a Price Beat Guarantee if we believe the diamond quotation is not current, valid, legitimate, reasonable or below cost price. It is entirely up to our discretion to exercise our Price Beat Guarantee Policy at any time or for any diamond.  

Use of Our Website 

• The website may be used only for lawful purposes. 
• All content is the sole responsibility of the person from whom such content originated, and we do not control, and are not responsible for content provided by any other person. 
• This site and its contents are created solely for the purposes of personal and non-commercial use. Any downloads or copying of our website's materials must only be for such personal and non-commercial use. Upon copying or downloading such materials, no right, title or interest is transferred to you, and such materials may not be, in whole or in part, transferred, linked, reproduced, retransmitted or otherwise distributed or displayed. 
• All images, videos, logos, trademarks and other related media remain the intellectual property of Big Diamond and thus, may not be duplicated, altered or disseminated without written authorisation by Big Diamond.  
• Users do not have permission to make available any content that:
• Is false or misleading; 
• Infringes on any intellectual property rights of, or a duty of confidentiality to, any other person; 
• Advertises the sale or supply of products or services which are prohibited or restricted by applicable law(s); 
• Contains software, viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; 
• Is libellous, abusive, threatening, obscene, or otherwise offensive; or 
• Otherwise hinders the use or enjoyment of this website.
• You represent and warrant to us that you will NOT:
• Use the website in any way that causes, or is likely to cause, interruption, damage or impairment to the website and access to it. 
• Attempt to use the website for any unlawful or harmful purposes such as malicious access (e.g. hacking), disclosure of unauthorised information, destruction of data, infringement of the intellectual property rights of any person, introduction of viruses, intentional invasion of privacy, etc. 
• Remove, modify or tamper with any trademarks, copyrighted materials, disclaimers, legal notices on the website, etc.
• To the extent permitted by law, Big Diamond makes no representation for the accuracy, reliability or completeness of the information contained on our website, and it does not take responsibility for any loss arising from the website and its content. 

Diamond Grading Reports and Certificates 

Diamond grading reports and certificates provide useful gemmological information that is based on subjective grading methods and standards. Each diamond is graded based on the individual gemmologist's expertise. The same diamond may be graded by the same laboratory differently upon resubmission based on the gemmologist and the equipment used at the time of the grading. 

Taxes 

All prices shown on our website include 10% GST. International clients will be responsible for each of their respective country's taxes. 

Indemnification 

Upon transacting with Big Diamond, you agree to indemnify and hold harmless our consultants, and their respective directors, managers, employees and all staff members of Big Diamond, from and against any claims, damages, costs, liabilities, and expenses, including any solicitor fees which may occur as a result of your: use of our website, misconduct, violation of these Terms and Conditions, or breach of the rights of any third party. 

Payment Terms 

• All diamonds and rings must be paid for in full. The company's terms of payment require payments to be made upon order and confirmation, and payment must be cleared in Big Diamond's bank account in full before any diamonds can be dispatched or picked up. 
• Payments and deposits on all rings shall be made free of any deductions, withholding or set off unless otherwise agreed upon by the directors of the company. Customers who require a lay-by service need to contact us directly, and we will create a personalised payment plan. 
• If the customer does not make a payment as required by the Payment Terms, the company may, in its discretion, require the customer to pay by way of liquidated damages for violating our contract terms, a default charge relating to the unpaid amount. This may be calculated by applying an interest rate, or a fee will be applied onto the unpaid amount for damages and interest that incur on the company’s behalf. 
• If the customer fails to pay when the amount is due, the company reserves the right to send a notice and request to the customer or declare any amounts actually or contingently owing by the customer to the company to be finalised. 
• Credit facilities may be suspended or withdrawn at the discretion of the company at any time. 
• Where payment is to be made by cash, the amount owing is due and payable immediately. 
• All purchases are bound by the rules and regulations of the Australian Competition and Consumer Commission (ACCC). 

Collection of Items from our Sydney Showroom 

Customers must verify their identity with 100 points of ID (including photo ID) upon the pick-up of their order. If there is a third party picking up the item on a customer’s behalf, we will require confirmation from the buyer by way of email and ID. The third party will require 100 points of ID upon pick-up.