Overview

This Website is operated by The Diamond Shop (TDS) and these Terms outline the basis for access to and use of our website. The terms “we”, “us” and “our” refer to TDS. The term “you” and “your” mean you, our customer or user, and the term “parties” means TDS and you collectively. TDS offers this Website, including all information, tools, and services available from this Website to you, conditional upon your acceptance of all Terms stated here. By visiting our Website and/or purchasing something from us, you agree to be bound by the Terms, the Terms of Sale, and our Privacy Policy, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. If you do not accept or agree to our Terms, the Terms of Sale, and/or Privacy Policy, you must immediately stop browsing or accessing the Website.

Interpretation

Definitions

In these Terms, the following terms have the stated meaning:

• INTELLECTUAL PROPERTY RIGHTS includes copyright and all rights existing anywhere in the world conferred under statute, common law, or equity relating to inventions (including patents), registered and unregistered trademarks and designs, data and databases, confidential information, service marks, circuit layouts, licenses, know-how, and all other rights resulting from intellectual activity. Intellectual Property has a consistent meaning, and includes any enhancement, modification, or derivative work of the Intellectual Property.
• PRIVACY POLICY means TDL’s privacy policy notified on the Website.
• TERMS means these terms and conditions and any variations or replacement of the same.
• TERMS OF SALE means the terms and conditions of sale and any variations or replacement of the same.
• WEBSITE means the website at www.thediamondshop.co.nz, or such other website notified to you by us.

Amendments to Terms

TDS reserves the right to change the Terms, Terms of Sale, and the Privacy Policy at any time without notice to you. Unless stated otherwise, any change takes effect immediately. By continuing to access the Website, you agree to be bound by the changed Terms. It is your responsibility to check this page periodically for changes. Any new features or tools which are added to the current Website shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page.

Intellectual Property

TDS owns all Intellectual Property Rights in the Website. Unless stated otherwise in writing by TDS, you are permitted to view the content displayed on the Website only, and must not copy or use any material on the Website, or in any way deal with the Website, other than as promoted by TDS on the Website. You are only permitted to use the material on the Website for your own individual use. Without limitation, you must not make any use of any trademarks displayed on the Website (whether TDS’s or a third party’s) without TDS’s prior written consent. Unless expressly stated on the Website, you must not adapt or amend any part of the material without the prior written consent of TDS. You agree not to assert any Intellectual Property claims against TDS regarding any content displayed on the Website.

Exclusion of Liability and Disclaimer of Warranties

To the maximum extent permitted by law, we (including our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors) will not be responsible or liable to you or any other person for any loss or damage incurred by you (whether direct or indirect) in relation to your access and use of the Website, including if the Website is unavailable (in whole or part) or performing slowly, in connection with any errors, omissions, or misstatements in any material on the Website; or, resulting from any breach of these Terms by anyone else. The exclusion in clause 5.1 applies regardless of whether our responsibility or liability arises in contract, tort (including negligence), strict liability, statute, or otherwise and for any loss or damage however caused (including direct, indirect, incidental, special or consequential loss or damage). If you are using the Website for business purposes, we: to the extent permitted by law, expressly contract out of all provisions of the Consumer Guarantees Act 1993 (CGA); and will not be liable to you in any event, whether in contract, tort (including negligence), statute, or otherwise and for any loss or damage however caused (including direct, indirect, incidental, special, or consequential loss or damage) for any loss of goodwill or loss of profits for an amount in excess of the amount paid by you to us. We do not guarantee, represent, or warrant that your use of the Website will be uninterrupted, timely, secure, or error-free. Whilst we try to maintain accuracy and reliability, we do not warrant that the results that may be obtained from the use of the Website will be accurate or reliable. The Website may contain certain historical information and is provided for your reference only. TDS makes all reasonable efforts to ensure the information published on the Website is as accurate and up-to-date as possible. However, all material on the Website is provided “as is” and any reliance on the material on the Website is at your own risk. All warranties, representations, or conditions whether implied by statute, law, trade, or custom which would otherwise apply to this material are excluded to the fullest extent permitted by law. We reserve the right at any time to modify or discontinue the Website (or any part or content thereof) without notice at any time and we shall not be liable to you or to any third-party for any modification, suspension, or discontinuance of the Website.

Indemnity

You agree to indemnify us and our administrators, officers, subsidiaries, affiliates, partners, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees against all loss and damages suffered or incurred in connection with any claim brought by a third party against us arising from a breach by you of these Terms, the Terms of Sale, and the Privacy Policy, violation of any law of New Zealand or the rights of a third party.

Prohibited Use

In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Website or its content: for any unlawful purpose; to solicit others to perform or participate in any unlawful acts; to violate any international and local regulations, rules, laws, or local ordinances; to infringe upon or violate our Intellectual Property rights or the intellectual property rights of others; to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; to submit false or misleading information; to upload or transmit any worms, viruses or any other type of malicious and/or destructive code that will or may be used in any way that will affect the functionality or operation of the Website or of any related website, other websites, or the internet; to collect or track the personal information of others; to spam, phish, pharm, pretext, spider, crawl, or scrape; for any obscene or immoral purpose; or to interfere with or circumvent the security features of the Website or any related website, other websites, or the internet.

Products and/or services

Prices for our products are subject to change without notice. Certain products or services may be available exclusively online through the Website. The products may only be available in limited quantities and are subject to return or exchange only according to our refund policy [LINK TO REFUND POLICY within the TERMS OF SALE]. We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. However, you acknowledge that with photographing items of jewellery, some products may appear different in size on the Website than their actual size. We hold no responsibility for your computer monitor's display of any colour on our Website. We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product on the Website at any time. Any offer for any product or service made on the Website is void where prohibited. TDS shall comply with the warranties required of it under the CGA. Notwithstanding that, we do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors on the Website will be corrected.

Billing and Account Information

We reserve the right to refuse or cancel any order you place with us. We reserve the right (but have no obligation) to correct any errors, inaccuracies, or omissions, and to change or update information if any information in the Website or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We may, in our sole discretion, limit or cancel quantities purchased per person or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. You agree to provide current, complete, and accurate purchase and account information for all purchases made on our Website. If you create an account on the Website, you agree to keep your account and other information updated, including your email address, and residential address, so that we can complete your transactions and contact you as needed. Your submission of personal information is governed by our Privacy Policy, which can be viewed here [LINK TO PRIVACY POLICY].

Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of the optional tools offered through the Website is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the Website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and the Terms of Sale.

Third-Party Links

Certain content, products, and services available via our Website may include materials from third-parties. Third-party links on this Website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

User Comments, Feedback, and Other Submissions

If, at our request, you send certain specific submissions (for example contest entries, auctions, or give-aways) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation to maintain any comments in confidence; pay compensation for any comments; or respond to any comments. We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain defamatory or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Website or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Privacy Policy

You agree and accept the terms of our Privacy Policy, and that this policy governs our use of the personal information we receive about you as an individual.

Suspension and Termination

Without prejudice to any other rights and remedies available to TDS, if TDS considers that you have breached these Terms, TDS may immediately and without written notice to you, suspend or terminate your access to the Website (or any part of the Website). On suspension or termination, you must immediately cease using the Website and must not attempt to gain access to the Website.

General

If any provision of these Terms is found to be legally invalid or unenforceable, that will not affect the validity or enforceability of the remaining provisions of these Terms which remain in full force and effect. The failure by us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms (and any other terms we display on the Website) constitute the entire agreement between you and TDS with respect to your use of the Website, and replace all prior understandings or agreements, written or oral, regarding the same. Any ambiguities in the interpretation of these Terms shall not be construed against TDS.

Jurisdiction

The Terms are governed by and construed in accordance with the laws of New Zealand. The parties irrevocably submit to the exclusive jurisdiction of the courts of New Zealand.

Contact Information

Questions about the Terms should be sent to us at sera@thediamondshop.co.nz. Our contact information is posted below:

Postal Address: 1 / 223 Ponsonby Road, Ponsonby, Auckland, 1011

Attention: Sera Cruickshank

Email: sera@thediamondshop.co.nz or info@thediamondshop.co.nz

Phone: 09 358 4683