WHOLESALE DIAMONDS DIRECT PTY LTD
TERMS AND CONDITIONS

The following terms and conditions ( Terms and Conditions ) govern all transactions, communications and other interactions between WDD2 PTY LTD (A.C.N 647 249 429) ( Wholesale Diamonds ) and customers and/or users both online and in-store.

Please read our Terms and Conditions carefully as you agree that by using the website www.wholesalediamondsdirect.com.au and other services provided by Wholesale Diamonds, including placing orders with us, you are agreeing to the Terms and Conditions. These terms apply to all purchases whether made through the website, phone or otherwise. No additional conditions proposed by you will apply to any purchases with Wholesale Diamonds unless agreed in writing and signed by Wholesale Diamonds.

GENERAL
1. In these Terms and Conditions:
  - (a) “Wholesale Diamonds” or “Us” or “We” is the service provider and supplier.
  - (b) “Diamonds” refers to all jewelry, precious stones, gems or any other goods sold by Us to You.
  - (c) “Customer” or “You” is the purchaser of the Diamonds from Us, and if there is more than one purchaser, these Terms and Conditions bind You jointly and severally.
  - (d) “Entity Customer” means the Customer if the Customer is a body corporate or any other entity other than a natural person.
  - (e) “Website” means the website accessible at www.wholesalediamondsdirect.com.au.
2. As soon as You submit an order via the Website and/or use the Website and/or communicate with Us via chatbot, email, phone or any other method, You agree that You shall be bound by these Terms and Conditions and You acknowledge that You have read and understood and agree to abide by these Terms and Conditions as varied from time to time in writing by Us.
3. In these Terms and Conditions, unless the context otherwise requires, words importing one gender include any other gender; words importing the singular include the plural and vice versa; reference to a person includes a body politic, a body corporate and a natural person; and headings are for convenience only and do not affect the interpretation of the clauses they refer to.
4. These Terms and Conditions apply exclusively to every contract for the sale of Diamonds and any services provided by Us to You and cannot be varied or supplanted including by way of any conditions which may be proffered by You unless expressly accepted in writing by Us.
5. Any pricing or other information listed on the Website in respect of the proposed supply of Diamonds is deemed to be an invitation only to You to place an order with Us.
6. Each acceptance by Us of a separate order from You shall be subject to these Terms and Conditions and each separate order shall be deemed to be a separate contract between You and Us.
7. You warrant and represent to Us at the time of placing an order that You:
  - (a) are not insolvent;
  - (b) have not committed an act of bankruptcy;
  - (c) are not an externally administered body corporate within the meaning of the Corporations Act 2001 (Cth);
  - (d) have had no proceeding brought, threatened or commenced against You for the purpose of winding up or placement under administration; and
  - (e) know of no circumstances which would entitle any creditor or secured creditor to bring a proceeding against You for the purpose of winding up and placement under administration.
8. We give no representation or warranty in relation to the Diamonds and You acknowledge that You have not relied on any representation or warranty made on Our behalf in relation to the Diamonds. The Competition and Consumer Act 2010 (Cth) and the State or Territory Legislation imply certain conditions and warranties into these Terms and Conditions for Your benefit ( Statutory Warranties ). To the extent permitted by the law:
  - (a) the Statutory Warranties are expressly excluded;
  - (b) Our liability (if any) arising from any breach of the Statutory Warranties is restricted to:
  - (i) the replacement of Diamonds or the supply of equivalent Diamonds;
  - (ii) the payment of the cost of replacing the Diamonds or acquiring equivalent Diamonds;
  - (iii) repayment of any part of the purchase price of those Diamonds which has been paid by You, by store credit, in cash or by cheque at Our absolute discretion.
9. Subject to the Statutory Warranties it is Your responsibility to ensure that the Diamonds are sufficient, suitable and fit for Your purpose.
10. We, Our officers, employees or agents are not liable for any loss or damage of any kind whatsoever including without limitation, consequential or economic loss or loss of profits even if due to the negligence of Us, Our officers, employees or agents arising out of or in connection with the supply of Diamonds, and which shall apply to Our inability to complete any particular order for You for any reason. This exclusion extends to any promotional activities or advertising by You about or involving the Diamonds.
PURCHASING FROM US
1. By purchasing from Us, You agree and accept:
  - (a) the amount as advertised at the time of sale of the Diamond(s); and
  - (b) the total amount including postage, shipping, handling, insurance costs (if required), applicable taxes and duties and any increase from the amount as advertised at the time of sale due to fluctuation in the value of diamonds or foreign exchange rates (if applicable) as being the amount owed for the order, which is to be paid within 24 hours from the time of submitting Your order.
2. If the Customer is an Entity Customer, We reserve the right to postpone fulfilment of an order until such time as the following is provided:
  - (a) a Deed of Personal Guarantee and Indemnity in a form acceptable to Us, executed by a director, officeholder or other representative in their personal capacity on behalf of the Entity Customer ( Guarantor ); and/or
  - (b) any information or documents requested by Us to satisfy Us of the Entity Customer or Guarantor’s ability to pay any amount owed to Us under the order, including but not limited to evidence of the Guarantor’s personal assets.
3. At the time of payment to Us, You must supply a remittance advice or a screenshot demonstrating the EFT transaction or Poli Payment, so Your payment can be verified as having been remitted to Us within the 24-hour period after submitting your order.
  - (a) the amount as advertised at the time of sale of the Diamond(s); and
  - (b) the total amount including postage, shipping, handling, insurance costs (if required), applicable taxes and duties and any increase from the amount as advertised at the time of sale due to fluctuation in the value of diamonds or foreign exchange rates (if applicable) as being the amount owed for the order, which is to be paid within 24 hours from the time of submitting Your order.
4. As all orders are final and binding, if We are not notified of payment being sent or otherwise do not receive full payment within 24 hours of Your order being placed, Your order may in our absolute discretion:
  - (a) be cancelled by Us after 24 hours has elapsed, in which case:
  - (i) cancellation fees and charges may apply; and
  - (ii) We will not be liable to You or any third party for any loss or damage caused by this cancellation whether direct or consequential in nature; or
  - (b) be subject to:
  - (i) amendment and increase in the amount payable under the order due to fluctuations in the value of the Diamonds and/or in the applicable foreign exchange rate; and
  - (ii) interest accruing on the outstanding amount at a rate 2% higher than the rate fixed under division 2 of the Penalty Interest Rate Act 1983.
5. You place an order and full payment for the order does not arrive in our account within 24 hours of the order being placed, We reserve Our right to:
  - (a) take all necessary steps to recover:
  - (i) the amount owing under Your order including any amendment or increase;
  - (ii) interest accruing on the outstanding amount at a rate 2% higher than the rate fixed under division 2 of the Penalty Interest Rate Act 1983;
  - (iii) all costs including legal costs (on solicitors / own client basis), disbursements, mercantile agents fees and any other out-of-pocket expenses incurred by Us in connection with the non-payment for Your order, any false or fraudulent declaration made by You or Your agent(s) or any other breach of these Terms and Conditions.
  - (b) provide your details to private debt collection agencies engaged by Wholesale Diamonds to recover all amounts owing by You to Us.
6. All guarantees given on behalf of an Entity Customer continue until all amounts owing to us under the order and under these Terms and Conditions are received by Us in full without discount or offset.
7. In the event that Diamonds are supplied to You under an order prior to full payment for the Diamonds being received by Us in cleared funds:
  - (a) title in the Diamonds does not pass to You;
  - (b) the Diamonds are held by You as fiduciary bailee and agent for Us;
  - (c) We may, without notice, enter any premises where We suspect the Diamonds may be located and remove them, notwithstanding that they may have been attached to other chattels not the property of Us, and for this purpose You irrevocably licence Us to enter such premises and indemnify Us from and against all costs, claims, demands or actions brought by any party arising from such action.
  - (d) You must not allow any person to have or acquire any security interest in the Diamonds;
  - (e) You must not supply any of the Diamonds to any person;
  - (f) You must not deface or destroy the Diamonds.
8. Notwithstanding the above, if You supply any of the Diamonds to any person before all monies payable by You have been paid to and received by Us in cleared funds, You agree that:
  - (a) You shall hold the proceeds of re-supply of the Diamonds on trust for and as agent for Us; and
  - (b) You must pay the amount of the proceeds of re-supply to Us immediately.
9. The risk for any Diamonds supplied by Us to You shall pass when the Diamonds are delivered to You or are in Your custody.
SENDING YOUR PAYMENT
1. At the time of making payment to Us You agree to:
  - (a) make payment for your order immediately at the time of submitting an order with Us;
  - (b) confirm Your order with Us by email or phone; and
  - (c) provide proof of deposit of monies transferred at the time of confirming Your order (e.g. transfer receipt).
2. In the event that your bank imposes transfer limits on funds that are transferred from Your account, You must immediately at the time of submitting an order with Us:
  - (a) transfer to Us the maximum amount permitted by Your bank;
  - (b) transfer the balance owing under your order via an alternative payment method or multiple alternative payment methods until the total amount owing under Your order has been transferred to Us in full; and
  - (c) contact Us by phone to notify Us of any transfer delays.
3. The bank disallowing payment to Us will not be accepted as a sufficient reason to cancel your order and full cancellation fees and debt recovery charges will apply in accordance with clause 2 of these Terms and Conditions above.
4. We reserve the right to amend or increase the amount owing under your order if full payment is not received by Us within 24 hours of the order being placed.
UPDATES TO ORDERS
1. The amount payable for Diamonds after an order is placed may differ from the price listed for the Diamonds on the Website, due to fluctuations in foreign currency conversion rates, sudden rises in the value of Diamonds or other factors beyond our control ( Fluctuations ).
2. We strive to keep Our website pricing and inventory of product current, however variances can occur. Amendments to orders may be required due to Fluctuations that may eventuate between the time that You submit an order and the time at which we receive payment for the order.
3. In the event of Fluctuations, We reserve the right to amend the order or amount payable under the order to reflect the accurate Diamond value, foreign exchange conversion rates and other factors at the time of payment.
4. If for any reason Your order has been amended by Us, You will be contacted by Us regarding the change and notified of any additional amount required to be paid or any amount to be refunded to You. Any additional payment that is required by You to secure the Diamonds must be made within 24 hours of receiving notification from us under this clause
CANCELLED ORDERS
1. Notwithstanding anything to the contrary in these Terms and Conditions, all orders placed with Us are considered final, regardless as to whether payment has been made. Please make sure your order is correct at the time of placement. Wholesale Diamonds reserves the right to pursue any losses incurred due to non-payment.
BESPOKE ORDERS
1. By placing an order for or otherwise requesting any item that we source or specifically for You and/or which is produced as a custom-built, bespoke or made to order item on your direction and specifications and/or which is not advertised on the Website at the date of this order or request and/or which is otherwise advertised, described or discussed between Us and You as a preorder or bespoke item ( Bespoke Order ), You understand that:
  - (a) We do not currently have the item(s) in stock and, subject to Our acceptance of Your Bespoke Order, We will seek to obtain(s) the item requested;
  - (b) any delivery date of the item(s) under the Bespoke Order are indicative only and are not deemed as a delivery guarantee;
  - (c) We reserve the right to require You to sign a deed of agreement in a form approved by us before We accept Your Bespoke Order, including but not limited to Bespoke Orders for investment-grade items; and
  - (d) To the extent that the Bespoke Order involves any item(s) which are custom-built, bespoke or made to order item base on specifications, directions, photos, designs, drawings or any other information provided by You to Us (Design), You indemnify Us from and against all costs, claims, demands or actions brought by any party arising from infringement of any party’s copyright, trade mark or any other intellectual property rights in the Design.
RETURNS
1. At Wholesale Diamonds, our extreme loyalty and service to our clients means that the quality of our products is important. We will only accept a return of your purchase if the product arrives to You damaged or defective (no returns will be accepted for items damaged by You after receipt). You will not be entitled to a refund or replacement if you change your mind or have ordered the incorrect product.
2. You will only be entitled to a refund of your Diamonds if:
  - (a) You contact us to lodge your refund request within 24 hours of receipt of the Diamonds ( Refund Request );
  - (b) Within 3 days after the Refund Request, you return the Diamonds to Us in its original product packaging with all the necessary paperwork (such as diamond certificates, valuations and/or care booklets) ( Refund Return )..
  - (c) At the time of your Refund Return, You provide us with:
  - (i) Your passport, drivers’ licence or any other information reasonably required to confirm your identity;
  - (ii) all reasonably requested information in support of your Refund Request, including but not limited to, how the Diamonds were received, how the Diamonds were handled, details of the damage and defects alleged; and
  - (iii) all reasonably requested documents to support the proof of your purchase including physical receipt, online tax invoice (order confirmations will not be accepted), financial statements.
3. All refunds will be subject to an inspection by Us before a refund is processed. We will reimburse You for reasonable return delivery costs if we established that the Diamonds are damaged or defective due to Us and not due to You. We will advise you within 7 business days of receiving the Diamonds whether your refund request will be accepted. If accepted, You can expect the refund to be processed in 3-5 business days thereafter.
4. If there is a delay in the Diamonds being returned to us due to the courier or any other reasonable reason, We may, but are not obligated to, extend the deadline to offer a refund on a case by case basis and at Our sole discretion. All risk or loss in any return transaction is borne by You until We take actual physical custody and control of each and all of the Diamonds that are the subject of the return.
POSTAGE
1. Orders will be sent only once funds have cleared into Our account.
2. Orders placed for delivery within Australia or outside of Australia will be sent via any freight, courier or delivery service provider we choose at Our sole discretion. Our current preferred delivery service providers are Startrack, Brinks, Brinks LVP, Ferrari, Alca Amit, Visa Global Logistics and FedEx ( Preferred Providers ), but this preference may be subject to change.
3. All items sent are subject to the relevant Preferred Provider’s terms and conditions of delivery, for which We hold no responsibility and any liability in this regard is expressly excluded to the maximum extent permitted by law.
4. When We agree to arrange delivery, transport, insurance or storage of Diamonds on Your behalf, We do so as Your agent and without accepting any liability to the maximum extent permitted by law.
5. Wholesale Diamonds do not take any responsibility for items lost during transit, noting that:
  - (a) We hold insurance for losses incurred by Us in the course of door-to-door delivery; and
  - (b) We will take all reasonable steps to recover under Our insurance policy the value of any item(s) in your order that may be lost in transit and then provide the amount recovered to You; and
  - (c) to the extent (if any) that We are unable to recover under Our insurance policy any loss, damage, costs or other amounts incurred by You as a result of or in connection with the item(s) lost in transit, We shall not be liable by You in relation to this loss, damage, costs or any other amounts.
6. Please note that due to COVID-19 there can be ongoing disruptions and delays in delivery. We will provide You with reasonable updates regarding delivery as and when received from our third-party delivery provider. You acknowledge that:
  - (a) We will not be liable for any delays of the delivery of your Diamonds due to a third-party; and
  - (b) You will not be entitled to a refund of the Diamonds due to a delay in delivery.
LIABILITY
1. Wholesale Diamonds is not responsible for any loss or liability incurred by You, in any form of dealing with Wholesale Diamonds except to the extent as defined in Schedule 2 (The Australian Consumer Law) of the Competition and Consumer Act 2010.
DECLARATION
1. By creating an account and using the services of Wholesale Diamonds, You certify that all information You have given is accurate and correct, and You have the full capacity to enter into and meet the obligations pursuant to these terms.
RISKS
1. Wholesale Diamonds does not provide investment or trading advice. We supply investment related physical products in line with a customer’s personal and/or third party advised decisions. Information provided on the Website or by the employees of Wholesale Diamonds is not investment advice. The purchase of Diamonds involves risk and You must complete Your own due diligence. Wholesale Diamonds does not accept liability for any investment decisions.
WEBSITE INFORMATION
1. The prices on the Website are regularly updated to reflect the price of our Diamonds. In the (extremely rare) event that pricing or typographical information online or instore is inaccurate, Wholesale Diamonds shall have the right, at Our sole discretion, to refuse or cancel any orders placed for the item to which the inaccurate information relates, and accordingly, will not be required to honour the purchase at the inaccurately quoted price. If there is an issue with typographical information or an item is incorrectly priced, Wholesale Diamonds will notify You as soon as possible and accordingly rectify the feed to the correct price. Wholesale Diamonds reserves the right to update prices and availability without prior notice.
2. Any link to a third party website is provided in good faith with the best of intentions by Wholesale Diamonds as a means for directing You to the most relevant information available. Wholesale Diamonds make no representation of any kind as to the security, correctness, suitability or reliability of any content appearing on third party websites. These third party websites are not under Our control and You agree to access these third party websites at Your own risk. Wholesale Diamonds are not responsible for any loss or damage suffered by You as a result of your use of a link provided on our website to a third party website.
PRIVACY
1. By agreeing to these Terms and Conditions, You consent to and authorise Wholesale Diamonds to the extent permitted by law, to disclose information received from You to Wholesale Diamonds’ solicitors, mercantile agents and any other third parties required or permitted by law.
2. Wholesale Diamonds will comply with its obligations under the privacy law, including the Privacy Act 1988 (Cth), in respect of any information collected, used, stored or otherwise dealt with under these Terms and Conditions.
3. Wholesale Diamonds may, from time to time, collect personal information of You, including the information provided from Your purchase, where it is reasonably necessary for one or more of its functions, including to allow Wholesale Diamonds to conduct its business functions. Wholesale Diamonds may be required to collect and disclose personal information of You in order to meet any regulatory requirements which apply to Wholesale Diamonds, including to comply with its statutory obligations pursuant to the laws of Australia.
4. Wholesale Diamonds may also need to collect and verify customer identification information and may be required from time to time to disclose information concerning You to a government agency, including the Australian Transaction Reports and Analysis Centre (AUSTRAC), or court where required under any law or regulation. If You choose not to provide the personal information requested, Wholesale Diamonds may not be able to provide the Customer with the products or services under the Terms and Conditions.
GENERAL
1. These Terms and Conditions constitute the entire agreement between the parties. Any previous negotiations, representations, warranties, arrangements and statements not expressly set out in these Terms and Conditions are excluded.
2. The obligations provided by these Terms and Conditions shall be binding upon, and shall inure to the benefit of each party, its successors, assigns, or other legal representatives.
3. Each party must, at its own expense, whenever reasonably requested by the other party, promptly do or arrange for others to do, everything reasonably necessary or desirable to give full effect to these Terms and Conditions.
4. A party must not assign or deal in any way with any of its rights under these Terms and Conditions without the other party's prior written consent.
5. A waiver by a party of a provision of or of a right under these Terms and Conditions are binding on the party granting the waiver only if it is given in writing and is signed by the party or an authorised officer of the party granting the waiver.
6. If a provision of these Terms are Conditions are invalid or unenforceable in a jurisdiction it is to be read down or severed in that jurisdiction to the extent of the invalidity or unenforceability; and that fact does not affect the validity or enforceability of that provision in another jurisdiction or the remaining provisions.
7. These Terms and Conditions may be amended only by a document signed by all parties.
8. These Terms and Conditions shall be governed by and construed in accordance with the laws of Victoria and the parties submit to the non-exclusive jurisdiction of the Courts of Victoria.
9. We confirm that, to the best of our knowledge, all Diamonds:
  - (a) are purchased from legitimate sources not involved in funding conflict, in compliance with the Kimberley Process, United Nations Resolutions, corresponding national laws and the World Diamond Counsel System of Warranties Guidelines; and
  - (b) have not been obtained in violation of applicable national laws and/or sanctions by the U.S. Department of Treasury’s office of foreign assets control (OFAC) and have not originated from Mbada and/or the Marange region of Zimbabwe.

WHOLESALE DIAMONDS DIRECT PTY LTD TERMS AND CONDITIONS

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WHOLESALE DIAMONDS DIRECT PTY LTD
TERMS AND CONDITIONS