Terms & Conditions

Introduction

In these Terms and Conditions "we", “our" and "us" mean Shikari Diamonds Pty Ltd ABN 96 138 669 842 and “our website” means the URL www.shikaridiamonds.com.au and "you" and “your” means you, the customer. These Terms and Conditions together with your order and the order reference number provided to you constitute the entire contract between us and you for the supply of products. No other Terms and Conditions will apply.

Formation of Contract

You offer to purchase products from us through our website. Your offer is made by completing and submitting your order. Our acceptance of your offer is confirmed by us providing you with an order reference number. Once we provide you with the order reference number a binding contract is formed.

Legal Capacity to Transact

If you are under eighteen (18) years of age, you cannot order via our website. Should we suffer any damage or other losses as a result of a transaction entered into by a minor using our website, we reserve the right to seek compensation for such losses from the parents or guardians of the minor who caused any transactions to be entered into via our website.

Product Information and Images

We have attempted to accurately depict the products offered on the site. However, because the depiction of a product is dependent on your computer monitor, we cannot guarantee that such depiction will be accurate. Products may appear larger or smaller than their actual size and colours will vary depending on your monitor. Some photographs have been enlarged to show detail. In accordance with industry standards, total carat weight may vary +/- 0.05 carats from the stated weight.

Special or Custom Orders

Many of our items may be altered in various ways. Occasionally we receive requests to use sapphires, rubies, or other stones in place of what may be displayed on our site. Other requests have included the use of more or less stones or different size stones for a particular item. Such requests may be possible, but are non-refundable, unless there is an error on behalf of Shikari Diamonds. We reserve the right to correct any issues prior to issuing a refund.

Processing your Order

Upon completing your order and submitting it through the checkout system, an order reference number will be issued to you via a confirmation email.

We will not process your order until it has passed our internal validation procedures, for the purpose of preventing credit card or payment fraud.

Upon processing your order and receiving payment via your credit card, debit card or cash via a bank direct deposit or transfer we send you a confirmation email which is your Tax Invoice.

We, along with our affiliates, reserve the right to: refuse service or supply of the products; terminate the contract and/or your account; remove or edit content from our website at our sole discretion.

If we cannot process your order after receiving payment, we will contact you using the details entered at the checkout.

Payment Methods and Processing

We currently accept VISA, MasterCard and American Express or cash via a bank direct deposit or transfer. Orders placed on weekends or public holidays will be processed on the next business day. Business days are Monday to Friday, excluding Public holidays. We process payments only after you successfully complete the checkout. Your tax invoice is your proof of purchase and is required for any warranty claims.

GST

All purchases include GST unless otherwise stated.

Product Pricing

Management makes every attempt to ensure that our expansive online catalogue is as accurate and complete as possible. In the event an item is listed with an inaccurate description or incorrect price due to data-entry or system error, we reserve the right to correct any and all errors and cancel any orders placed for the item listed at the incorrect price or with the inaccurate description. Due to diamond and precious metal market pricing fluctuations, our product prices are subject to change without notice.

Product Availability

All items listed on our website are subject to availability. With the volume of orders we receive and the items we carry, at times, an item may be sold before we are able to update our site. If an item is out of stock, a sales consultant will personally and promptly contact you to help you search for a comparable item.

Delivery

Delivery of each ordered product/s can take up to 10 business working days from the date payment is received. For special, made to order items or additional laser engraving services please allow up to14 business working days from the date payment is received. We make every effort to deliver your ordered products within the estimated delivery time you have entered at the checkout. Estimated delivery times may vary due to circumstances beyond our control.

The estimated delivery time for products are during business hours (9am to 5pm) Monday to Friday excluding Public Holidays. We provide free delivery within Australia for all products purchased. We will deliver each ordered product/s to the place of delivery designated by you. We encourage you to visit the "Track Orders" section found in the My Account page on our website to track your delivery.

If your order is sent via an Australia Post eParcel and the specified recipient is unable to accept delivery, an “Article Awaiting” card will be left at the premises and your order will be delivered to an Australia Post Office suitable to store your order. In these circumstances, delivery is completed by us at the time the “Article Awaiting” card is left at your premises.

If your order is delivered by our courier service Australian Air Express and the specified recipient is unable to accept delivery, a card with Australian Air Express contact details will be left at the premises. Please be sure to contacts Australian Air Express and arrange an alternative time and date for delivery.

Please contact our Customer Service Team if you plan to change your delivery address after payment. You will be required to provide the sales order number details as well as answering some security questions.

Cancelled Orders

Please choose carefully and review all products in your cart when completing the checkout process as your order cannot be cancelled once we have provided you with the order reference number.

Damaged or Defective Product & Product Return

If you receive a damaged or faulty product, we will arrange for it to be repaired or replaced for you. A refund is only available if the product is no longer available as a product line. Products damaged in transit must be reported to us within 24 hours of receipt of the product. Where a product is provisionally determined to be defective we will arrange to replace the product. Where we have provisionally determined your product is defective, return shipping may be arranged at our expense. If the product is deemed by customer service/supplier NOT to be defective, we may, in our absolute discretion, refuse to replace the product or offer a refund. We reserve the right to test any returned defective product. If the condition of the product was misrepresented to us by the customer, we may impose a $100 handling and administration fee.

Products (inlcuding all packaging and certificates) must be returned whenever we agree to replace the product or provide you with a refund. It is your responsibility to ensure the goods are adequately packaged and insured to ensure that they are not damaged during return delivery to our office. Shikari Diamonds offers a 14-day return period for a full refund (minus any special requests), as long as everything is returned in its original condition and with all contents. Every loose diamond purchased through Shikari Diamonds is accompanied by its original diamond grading report, and all rings, pendants, and bracelets are shipped in a Leatherette box and cardboard package. We require that these items are included in your return in the condition you received them or a replacement fee will apply. Your account will be credited once the package has been received and reviewed by our gemmologist and/or independent Jeweller. When a Refund is arranged No refund will be processed until we have received the product from you. Refunds will only be issued to the same credit card, debit card or bank account used for the direct deposit or transfer for the original purchase.

Proof of Purchase for a Warranty Claim.

Be sure to keep your tax invoice as proof of purchase. To request another copy please contact our customer service team via email and include your name and order number.

Our Liability

Shikari Diamonds shall not be liable in contract or in tort for any loss or damage suffered and consumer rights are limited to those set out in these Terms and Conditions and under statute. To the extent permitted by law and subject to our total liability herein in respect of each event or series of connected events shall not exceed the total price paid for the purchase of products and/or services under these Terms and Conditions. The Customer shall indemnify Shikari Diamonds and keep us fully and effectively indemnified against any loss of or damage to any property or injury to or death of any persons caused by any negligent act or omission or willful misconduct of the customer, its employees, agents or sub-contractors or by any breach of its contractual obligations arising out of these Terms and Conditions.

To the extent permitted by law, Shikari Diamonds and the customer agree that Shikari Diamonds will not be liable for products not being available for use. Shikari Diamonds shall not be liable to the customer for any incidental, indirect, special or consequential damages, loss of opportunity, loss of revenue, loss of profit or anticipated profit, loss of business, loss of contracts, loss of goodwill, loss arising out of business interruption, even if Shikari Diamonds has been advised of their possibility. To the extent permitted by law, any typographical, clerical or other error or omission in sales literature, quotation, price list, acceptance or offer, invoice or other documents or information issued by Shikari Diamonds shall be subject to correction without any liability on the part of Shikari Diamonds Pty Ltd.

Your Personal Information

Please refer to the Shikari Diamonds Privacy Policy to see how we collect use and protect your personal information.

Credit Card Fraud

Whilst we employ the latest in Extended Validation Secure Sockets Layer (EV SSL) technology and use ANZ secure payment gateway and EWAY secure payment gateway, we will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner.

Policy and Industry Stance on Conflict Diamonds

We adhere to a strict, zero-tolerance policy toward conflict diamonds. Shikari Diamonds only deals with highly reputable and well-known diamond suppliers who participate in the System of Warranties and follow the guidelines of the Kimberley Process. All diamonds provided by Shikari Diamonds are obtained through legitimate sources, and are warranted to be conflict free.

General

You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without our prior written consent. Any unauthorised assignment shall be deemed null and void. If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.

Under the Trade Practices Act 1974, where implied conditions and warranties cannot be excluded, any liability of Shikari Diamonds for breach of such conditions and warranties (other than a condition or warranty implied by section 69 of the Trade Practices Act 1974) shall be limited, at the option of Shikari Diamonds, to the replacement of the Product(s) or the re-supply of the same Product(s); the payment of the cost of replacing the Product(s) or of acquiring equivalent Product(s).

No failure or delay on our part in exercising any power or right under these Terms and Conditions operates a waiver, nor does any single or partial exercise of any power or right preclude any other or further exercise, or the exercise of any other power or right.

We reserve the right to change the Terms and Conditions at any time. No Shikari Diamonds Pty Ltd employee or agent has the authority to vary any of the Terms and Conditions governing any sale. The contract cannot be changed unless agreed to in writing or by e-mail. These Terms and Conditions shall be governed by and construed in accordance with the laws of New South Wales Australia and shall be subject to the non-exclusive jurisdiction of the courts of New South Wales.

Force Majeure

We shall not be liable for any delay in performing any of obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of Shikari Diamonds Pty Ltd or its suppliers and Shikari Diamonds shall be entitled to a reasonable extension of time for the performance of such obligations.