Terms & Conditions

WEBSITE TERMS AND CONDITIONS OF USE

About the Website

Welcome to Scintilla Diamonds. The Website provides you ('You') with an opportunity to browse and purchase various products that have been listed for sale through the Website (The 'Products'). The Website provides this service by way of granting You access to the content on the Website (the 'Purchase Services').

The Website is operated by Scintilla Diamonds (ABN 77 671 139 063) ('Scintilla Diamonds/We/Us'). Access to and use of the Website, or any of its associated Products or Services, is provided by Scintilla Diamonds. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that You have read, understood and agree to be bound by the terms and conditions. If You do not agree with the terms and conditions, You must cease usage of the Website, or any of Services, immediately.

Scintilla Diamonds reserves the right to review and change any of the terms and conditions by updating this page at its sole discretion. When Scintilla Diamonds updates the terms and conditions, it will use reasonable endeavours to provide You with notice of updates to the terms and conditions. Any changes to the terms and conditions take immediate effect from the date of their publication. Before You continue, we recommend You keep a copy of the terms and conditions for Your records.

Acceptance of the Terms

You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to You by Scintilla Diamonds in the user interface.

Registration to use the Purchase Services

There is an option to register as a user of the Website, and you must be at least 18 years of age to register As part of the registration process, or as part of Your continued use of the Purchase Services, You may be required to provide personal information about Yourself (such as identification or contact details), including:

• Email address
• Preferred username
• Mailing address
• Telephone number
• Password

You warrant that any information You give to Scintilla Diamonds in the course of completing the registration process will always be accurate, correct and up to date. You must be at least 18 years old to register. Scintilla Diamonds is not responsible or accountable for anyone who misled or inaccurately provide contact details or age.

Once You have completed the registration process, You will be a registered member of the Website ('Member') and agree to be bound by the terms and conditions. As a Member You will be granted immediate access to the Purchase Services.

You may not use the Purchase Services and may not accept the Terms and Conditions if:

• You are not of legal age to form a binding contract with Scintilla Diamonds; or
• You are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which You are resident or from which You use the Purchase Services.

Your obligations as a Member

As a Member, You agree to comply with the following: You will use the Purchase Services only for purposes that are permitted by:

• The Terms and conditions.
• Any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
• You have the sole responsibility for protecting the confidentiality of Your password and/or email address. Use of Your password by any other person may result in the immediate cancellation of the Purchase Services;
• Any use of Your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Scintilla Diamonds of any unauthorised use of Your password or email address or any breach of security of which You have become aware;
• Access and use of the Website is limited, non-transferable and allows for the sole use of the Website by You for the purposes of Scintilla Diamonds providing the Purchase Services;
• You will not use the Purchase Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
• You agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by Scintilla Diamonds for any illegal or unauthorised use of the Website; and
• You acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.

Purchase of Products

In using the Purchase Services to purchase the product through the Website, You will agree to the payment of the purchase price listed on the Website for the product (the 'Purchase Price').

You must be at least 18 years old to use the Purchase Services to purchase the product through the Scintilla Diamonds website.

You can start your purchase with any of the following methods:
Start with a diamond; or

• Start with a setting for a diamond; or
• You can share images/Videos/URLs of the Product you would like to have designed to let us submit a quotation against your order request.

Rings in stock that have been purchased will be shipped to you within twenty-four (24) to forty-eight (48) hours. All made-to-order rings will need to wait for approximately six (6) to eight (8) eight weeks, and for custom-style rings, you will need to wait for approximately eight (8) to ten (10) weeks for production time and shipping.

Payment of the Purchase Price may be made through Shopify Scintilla Diamonds. In using the Purchase Services, You warrant that You have familiarised Yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.

(e) Scintilla Diamonds attempts to prevent pricing and product information errors. Unfortunately, human error occurs when it does Scintilla Diamonds reserves the right to amend the mistake at our sole discretion, including either stopping or refusing any order that was placed under incorrect pricing.

(f) Following payment of the Purchase Price being confirmed by Scintilla Diamonds, You will be issued with a receipt to confirm that the payment has been received and Scintilla Diamonds may record Your purchase details for future use.

Copyright & Intellectual Property

The Website, the Purchase Services and all of the related products of Scintilla Diamonds are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the Website (including text, graphics, logos, button icons, video images, audio clips and software) (the 'Content') are owned or controlled for these purposes and are reserved by Scintilla Diamonds or its contributors.

b) Scintilla Diamonds retains all rights, title, and interest in and on the Website and all related content. Nothing You do on or in relation to the Website will transfer to You:

• The business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Scintilla Diamonds; or
• The right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
• A system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
• You may not, without the prior written permission of Scintilla Diamonds and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to some not all, materials on the Website, which are freely available for re-use or are in the public domain.

Privacy

Scintilla Diamonds takes Your privacy seriously and any information provided through Your use of the Website and/or the Purchase Services are subject to Scintilla Diamonds Privacy Policy, which is available on the Website.

Cookies

We may from time to time use cookies on our Website. Cookies are very small files which a website uses to identify you when you come back to the site and to store details about your use of the site. Cookies are not malicious programs that access or damage your computer. Most web browsers automatically accept cookies but you can choose to reject cookies by changing your browser settings. However, this may prevent you from taking full advantage of our Website. Our Website may from time to time use cookies to analyses website traffic and help us provide a better website visitor experience. In addition, cookies may be used to serve relevant ads to website visitors through third party services such as Google AdWords. These ads may appear on this Website or other websites you visit.

Confidentiality

Scintilla Diamonds will treat personal information as confidential and will make every reasonable effort to keep personal information and confidential information confidential and secure. It will not disclose this information except:

• As necessary to provide services; or
• To Scintilla Diamonds personnel and any service provider that Scintilla Diamonds works with where necessary to operate the Service; or
• If the relevant person has given Scintilla Diamonds permission to do so; or
• In accordance with our Privacy Policy; or
• If required or permitted by law

Disclaimer

You acknowledge that Scintilla Diamonds does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.

• Scintilla Diamonds will make every effort to ensure a Product is accurately depicted on the Website; however, You acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.
• Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
• Subject to this clause, and to the extent permitted by law:
• Scintilla Diamonds will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

e). Use of the Website, the Purchase Services, and any of the products of Scintilla Diamonds (including the Delivery Services), is at Your own risk. Everything on the Website, the Purchase Services, and the Products of Scintilla Diamonds, are provided to You on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Scintilla Diamonds including any third party where the Delivery Services are made available to You) make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of Scintilla Diamonds referred to on the Website. This includes (but is not restricted to) loss or damage You might suffer as a result of any of the following:

• Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
• The accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);
• Costs incurred as a result of You using the Website, the Purchase Services or any of the Products;
• The Content or operation in respect to links which are provided for the User's convenience;
• Any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
• Any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

Limitation of Liability 

Scintilla Diamonds total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by You under these Terms or where You have not paid the Purchase Price, then the total liability of Scintilla Diamonds is the resupply of information or Purchase Services to You.

You expressly understand and agree that Scintilla Diamonds, its affiliates, employees, agents, contributors, third-party content providers and licensors shall not be liable to You for any direct, indirect, incidental, special consequential or exemplary damages that you may incur; however, caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

Scintilla Diamonds is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the Website of Scintilla Diamonds\, by third parties or by any of the Purchase Services offered by Scintilla Diamonds.

You acknowledge that Scintilla Diamonds does not provide the Delivery Services to You, and You agree that Scintilla Diamonds will not be liable to You for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.

Amendments to Terms and Conditions

Scintilla Diamonds reserves the right to amend these Terms from time to time. Amendments will be effective immediately upon notification on this Website. Your continued use of the Website following such notification will represent an agreement by You to be bound by the terms and conditions as amended.

Termination of Contract

The Terms will continue to apply until terminated by either You or by Scintilla Diamonds as set out below.

If You want to terminate the Terms, You may do so by:

• Notifying Scintilla Diamonds at any time; and
• Closing Your accounts for all of the Purchase Services which You use, where Scintilla Diamonds has made this option available to You.

c). Your notice should be sent, in writing, to Scintilla Diamonds via the 'Contact Us' link on our homepage.
d). Scintilla Diamonds may at any time, terminate the Terms with You if:

• You have breached any provision of the Terms or intend to breach any provision;
• Scintilla Diamonds is required to do so by law;
• The partner with whom Scintilla Diamonds offered the Purchase Services to You has terminated its relationship with Scintilla Diamonds or ceased to offer the Purchase Services to You;
• Scintilla Diamonds is transitioning to no longer providing the Purchase Services to Users in the country in which You are resident or from which You use the service; or
• The provision of the Purchase Services to You by Scintilla Diamonds is, in the opinion of Scintilla Diamonds, no longer commercially viable.

e). Subject to local applicable laws, Scintilla Diamonds reserves the right to discontinue or cancel Your membership to the Website at any time and may suspend or deny, in its sole discretion, Your access to all or any portion of the Website or the Purchase Services without notice if You breach any provision of the Terms or any applicable law or if Your conduct impacts Scintilla Diamonds name or reputation or violates the rights of those of another party.

f). When the Terms come to an end, all of the legal rights, obligations and liabilities that You and Scintilla Diamonds have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

Indemnity

(a) You agree to indemnify Scintilla Diamonds, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

(i) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content You post through the Website;

(ii) any direct or indirect consequences of You accessing, using or transacting on the Website or attempts to do so and any breach by You or Your agents of these Terms; and/or

(iii) any breach of the Terms.

Dispute Resolution

a. Compulsory:

If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

b. Notice:

A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

c. Resolution:

On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:

i. Within 30 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;

ii. If for any reason whatsoever, 30 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Law Society of SA Mediation Program or his or her nominee;

• The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;

• The mediation will be held in Adelaide, South Australia.

d) Confidential:

All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and, to the greatest extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.

• Termination of Mediation:

If 30 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

Governing Law

The Terms are governed by the laws of South Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of South Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

Severance

If any part of the Terms is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms will not be affected and all other clauses remain in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause must be interpreted accordingly. Alternatively, You agree that the clause must be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.

Complaints

We operate a complaint handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments. You can contact us by email at sales@scintilladiamonds.com