i. This website and its contents (“website”) is owned and operated by Amalthea Diamonds [A.B.N. 78482315070] (“Hunter Valley Diamonds”). By accessing or using the website or by purchasing goods via this website, you agree to accept and comply with these Terms and Conditions.
ii. These Terms and Conditions apply to goods and services purchased through any Amalthea Diamonds consultant as well as govern the use of this website
iii. Amalthea Diamonds reserves the right to amend these Terms and Conditions at any time without notice.
b. Applicable Law
i. These Terms and Conditions are governed by and to be construed in accordance with the laws of Queensland, Australia. You irrevocably and unconditionally agree to submit to the exclusive jurisdiction of the courts of Queensland, Australia. In the event that any provision of the Terms and Conditions is held to be invalid, illegal or unenforceable, that provision must to the extent of the invalidity, illegality or unenforceability be ignored and
all the other provisions of the Terms and Conditions will remain in full force and effect.
ii. Amalthea Diamonds makes no representation that the content of the website complies with the laws of any country outside Australia.
iii. All rights not expressly granted herein are reserved.
c. Links to 3rd Party websites
i. Amalthea Diamonds assumes no responsibility and accepts no liability for the terms and condition or content of third party web sites that may be linked to or accessed from the website. Except as Amalthea Diamonds may specifically direct otherwise, Amalthea Diamonds does not authorise the content of those third party web sites. The website may also contain third party advertisements which contain embedded hyperlinks to websites operated by third parties. The placement of third party advertisements on this website does not necessarily constitute the recommendation or endorsement of Amalthea Diamonds for such goods or services.
ii. Third party advertisers or content providers are solely responsible to you for any representations or offers made by them, and for any goods or services which you agree to purchase from those third parties.
d. Goods and Services Representation
i. Amalthea Diamonds will take all reasonable steps to ensure that all product descriptions and specifications contained on this website are technically accurate.
ii. Whilst every reasonable care has been taken to ensure that product images shown on this website are an accurate representation of the actual product the very nature of imaging product and reproducing those images on a website means that we cannot warrant the accuracy of these representations and product may appear larger or smaller
than actual sizes and colours may vary.
iii. All goods and services offered for sale on this website comply with Australian law but we do not warrant that they will comply to the laws of any other country.
e. Online Purchasing
i. Goods and services offered for sale on this website are available for shipment or delivery within Australia and internationally.
ii. All purchases of goods and services made on this website must be paid for in full at the time of purchase. Lay-by and finance offer sales are not available through Amalthea Diamonds
iii. Whilst we make every effort to ensure the security of your payment through the payment gateway you acknowledge that no transmissions over the internet can be guaranteed as totally secure and therefore you use your credit card to make payments for good services on this website entirely at your own risk.
iv. All prices shown on this website are in Australian dollars and inclusive of GST.
v. All international orders are subject to duties, taxes and fees as determined by their local government. The customer is responsible for all duties and taxes.
f. Shipping of Goods Purchased Online
i. All orders are delivered via the Australia Post tracked delivery system.
ii. Title in the goods purchased will pass to the purchaser upon dispatch from our distribution centre.
iii. Upon dispatch of the goods from our distribution centre the purchaser will receive an email from Australia Post with the shipment details and a link to the Australia Post e-Parcel tracking system from where the purchaser can monitor the progress of the delivery.
g. Non-Warranty Returns
i. This returns policy is governed by the laws of Queensland, Australia.
ii. Merchandise purchased from an Amalthea Diamonds consultant may be returned within 7 days of the date of purchase to the original consultant for exchange only for merchandise of an equivalent value.
iii. For Merchandise purchased via the Amalthea Diamonds website You must notify Amalthea Diamonds within 7 days of accepting delivery of the Product and arrange return of the Product within 7 days after such notification.
iv. Any merchandise returned must be in new and saleable condition and accompanied by the original sales receipt and original packaging.
v. We do not accept returns or exchanges for change of mind.
Vi. Any refunds will be processed to the credit card used for the original purchase. The refund will be processed as soon as the items have been received by Amalthea Diamonds, however, depending on which bank your account is held with please allow 14 days from the day you return the Product for your account to be credited.
vii. On International returns you must mark that the goods are returned on the courier
company’s consignment so that the Products do not attract possible customs duties
and taxes again.
viii. Any merchandise returned must be in new and saleable condition and accompanied by the original sales receipt and original packaging.
ix You are responsible for arranging any insurance on the Product.For all international returns (outside of Australia and the US) you are responsible for the cost of the shipment of the Product.
X Upon receipt of the Product by Amalthea Diamonds, Amalthea Diamonds will refund to you the purchase price for the Product, less any shipping costs. Refunds can only be credited back to the credit card that was used to make the
original purchase. The refund will be processed as soon as the items have been received by Amalthea Diamonds, however, depending on which bank your account is held with please allow 14 days from the day you return the Product for your account to be credited.
Refunds will only be given to Products purchased at the Amalthea Diamonds Online Boutique.
h. Warranty and Extended Guarantee Returns
i. Our product comes with guarantees that cannot be excluded under Australian Consumer Law. You are entitled to a replacement or refund for a major failure.
ii. In addition, Amalthea Diamonds offers an automatic Standard Guarantee of six months from the date of purchase on all jewellery against defects in material and/or workmanship.
iii. Any defects in material and/or workmanship that become evident during the Standard Guarantee validity period will be remedied by Amalthea Diamonds. The form of remedy will be at the sole option of Amalthea Diamonds and will be limited to repair, replacement or refund.
iv. In order to claim a remedy under the Standard Guarantee the goods must be returned for assessment and accompanied by the original purchase receipt.
v. The Standard Guarantee does not include the following to the extent they are permitted in the relevant legislation;
1) Damage due to ordinary wear and tear,
2) Damage due to misuse, accident, alteration, substitution or abuse,
3) Repairs and alterations performed by someone other than Amalthea Diamonds,
4) Theft, disappearance or loss (including loss of gem stones), and
5) Any type of use causing damage or deterioration.
vi. Amalthea Diamonds reserves the right to judge whether the jewellery has been subject to any of the above mentioned exclusions.
vii. When jewellery is repaired under guarantee or warranty, only the remaining term of the original Standard Guarantee will continue to apply. When jewellery is replaced under guarantee or warranty, the new item of jewellery will automatically come with a new Standard Guarantee of six months from the date of replacement.
i. Disclaimer and liability
i. This website is provided on an “as is” basis. Amalthea Diamonds has used its best endeavours to ensure that the information contained on and accessed through the website is correct and current at the time of publication.
ii. Amalthea Diamonds does not accept any liability for our failure to comply with any of these terms and conditions due to circumstances that are beyond our reasonable control.
iii. To the fullest extent permissible by law, Amalthea Diamonds, its affiliated companies and their respective directors, officers, employees, agents and contractors:
1. Do not make any representation, warranty or endorsement of any kind, express or implied, as to the operation of the website, your access to the website or results of your access, or the information, content, materials or products on the website;
2. Do not warrant that the functions on the website will be uninterrupted or errorfree, that any defects will be corrected or that the server which stores and transmits content to you is free of viruses or other harmful components.
iv. Subject to any non-excludable liability for breach of conditions or warranties implied by legislation and to the maximum extent permitted by law, under no circumstances (including but not limited to any act or omission on the part of Amalthea Diamonds, its affiliated companies or their respective directors, employees, agents and contractors) will Amalthea Diamonds, its affiliated companies or their respective directors, officers, employees, agents or contractors accept liability for any indirect, incidental, special and/or consequential damages or loss of profits resulting from any use or access, or anyinability to use or access the website.
i. You agree to indemnify and keep indemnified Amalthea Diamonds, its affiliated companies and their directors, officers, employees, agents and contractors (“those indemnified”) in respect of any claim, liability, loss, damage, cost (including legal cost) or expense which those indemnified may suffer or incur as a direct or indirect result of your
willful or negligent act or omission with respect to your use of the website (or any part of it) or the violation of these Terms and Conditions by you, or the infringement by you, of any intellectual property or other right of any person or entity.
k. Intellectual Property & Restrictions On Use Of Content
i. The website is subject to copyright under Australian law and, under international treaties, and the laws of many other countries. The website contains trademarks, intellectual property and copyright protected works which is owned by Amalthea Diamonds, and third parties. Except for the direct purpose of viewing, accessing or interacting with the website for your own personal use or as otherwise indicated on the website or these Terms and Conditions, you must not copy, reproduce, communicate to the public, adapt, print, display, publish, transfer, distribute, store or create derivatives of any of the contents of the website, or incorporate any part of the website into another
website without Amalthea Diamond’s express consent.
If you wish to return a faulty or damaged Product, SAMANTHA WILLS will gladly repair, exchange or refund the original piece in accordance with the following process:
That the Product was purchased within 6 months of faulty date. You must notify S AMANTHA WILLS by email
[email protected] to obtain a “Return ID number”, or please call SAMANTHA WILLS directly.
You must provide a “proof of purchase”, being either an invoice, bank statement, email confirmation from SAMANTHA WILLS or delivery note.
You must return the Product to SAMANTHA WILLS head office. On International returns you must mark on the courier company’s consignment so that the Products do not attract possible customs duties and taxes again. SAMANTHA WILLS will then refund the Price to you in full,replace the Product or exchange for a different Product.
Refunds can only be credited back to the credit card that was used tomake the original purchase. The refund will be processed as soon as the items have been received by SAMANTHA WILLS, however,please allow up to 14 days from the day you return the Product for your account to be credited.Exchanges are only possible if the item is available.
SAMANTHA WILLS can only exchange faulty items for the same item in the same style, subject to availability. If you wish to exchange, please make your request clear when requesting your Return ID number.