By accessing and using the ANTONIA DIAMONDS website at WWW.ANTONIADIAMONDS.COM, you are accepting and consenting to the practices in these terms of use. ANTONIA DIAMONDS reserves the right to change these terms and conditions at its discretion.
“ANTONIA DIAMONDS” (“we”, “our”, “us”) means ANTONIA DIAMONDS- Antonia Kyr Pty Ltd (ABN 73 161 400 602), its successors and assigns or any person acting on behalf of and with the authority of ANTONIA DIAMONDS- Antonia Kyr Pty Ltd (ABN 73 161 400 602).
“Services” means the ANTONIA DIAMONDS website located at www.antoniadiamonds.com (the “Site”) and related services including ANTONIA DIAMONDS sale services and its content (the “Content”).
“User” (“client”, “customer”, “you” or “your”) means the User or any person acting on behalf of and with the authority of the User.
“Fine Jewellery” means all Jewellery (including any accessories e.g. necklaces, rings, bracelets, bangles) supplied on hire by to the User (and where the context so permits shall include any incidental supply of services). The jewellery will be as described on any invoices/documentation provided by ANTONIA DIAMONDS to the User.
Delivery of the Fine Jewellery will be deemed to have taken place from the first time the courier attempts delivery, it is your responsibility to be available to accept the delivery. The Fine Jewellery is delivered to the User’s nominated delivery address and the User (or a third party nominated by the User) has signed the delivery receipt.
The fastest shipping method is automatically applied at checkout to ensure your order is with. We offer free shipping,
ANTONIA DIAMONDSs standard delivery method is operated by FEDEX and DHL Express Australia (see FEDEX and DHL's Terms and Conditions). FEDED'S and DHL’S delivery service is on the next possible business day. If the User’s location is outside of the FEDEX and DHL Express domestic zoning, it will take more than one business day and ANTONIA DIAMONDS has no control over this.
The User shall make all arrangements necessary to take delivery of the Fine Jewellery whenever tendered for delivery. In the event that the User is unable to take delivery at the nominated delivery address and for any reason ANTONIA DIAMONDS is required to redeliver the Fine Jewellery then ANTONIA DIAMONDS shall be entitled to charge a reasonable fee for the redelivery.
Any delivery time or date given by ANTONIA DIAMONDS to the User is an estimate only. The User must still accept delivery of the Fine Jewellery even if late and ANTONIA DIAMONDS will not be liable for any loss or damage incurred by the User as a result of the delivery being late.
The Price is ANTONIA DIAMONDS’s current Price, at the date of delivery of the Fine Jewellery, according to ANTONIA DIAMONDS’s current Price list as detailed on ANTONIA DIAMONDS’s website.
ANTONIA DIAMONDS reserves the right to change the Price in the event of a variation to the User’s requirements.
Prices for Products are subject to change without notice. Certain Products may be available exclusively online through the Site. Certain Products may have limited quantities. We reserve the right to limit the sales of our Products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products that we offer. We reserve the right to discontinue any Product at any time. We reserve the right to refuse any Product order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household 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
At ANTONIA DIAMONDS sole discretion:
(1) payment shall be due before delivery of the Fine Jewellery; or
Payment may only be made by credit card (only Amex, Mastercard and Visa accepted).
In the event an invoice is issued for payment for any reason then payment shall be due within seven (7) days of the date of the invoice.
Receipt by ANTONIA DIAMONDS of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised.
GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.
All Prices on our website are denominated in Australian Dollars.
ANTONIA DIAMONDS takes immense pride in creating exquisite, limited-edition fine jewellery with a deep commitment to ethical practices. As such, all fine jewellery pieces are custom made to order and handmade with care for you.
Due to the nature of the fine jewellery custom made process, all sales are considered final. No refunds will be offered for change of mind, however we can offer resizing.
Our customer concierge team would be delighted to assist with your custom made fine jewellery purchase process. Please feel free to email concierge@antoniadiamonds.com or complete our 'CONTACT' form with any questions before ordering, to ensure the piece is perfect for you.
We also offer in-person viewings for customers located in Sydney, New South Wales. Please email our concierge to confirm an appointment.
Security
In consideration of ANTONIA DIAMONDS agreeing to supply Fine jewellery, the User charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the User either now or in the future, to secure the performance by the User of its obligations under these terms and conditions (including, but not limited to, the payment of any money).
The User indemnifies ANTONIA DIAMONDS from and against all ANTONIA DIAMONDS costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising ANTONIA DIAMONDS rights under this clause.
The User irrevocably appoints ANTONIA DIAMONDS and each director of ANTONIA DIAMONDS as the User's true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this section including, but not limited to, signing any document on the User's behalf.
If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
These terms and conditions and any contract to which they apply shall be governed by the laws of New South Wales and are subject to the jurisdiction of the courts of Sydney New South Wales.
ANTONIA DIAMONDS shall be under no liability whatsoever to the User for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the User arising out of a breach by ANTONIA DIAMONDS of these terms and conditions (alternatively ANTONIA DIAMONDS liability shall be limited to damages which under no circumstances shall exceed the Price paid for the purchase of the Fine Jewellery).
ANTONIA DIAMONDS reserves the right to review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which ANTONIA DIAMONDS notifies the User of such change.
Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.
The failure by ANTONIA DIAMONDS to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect ANTONIA DIAMONDS right to subsequently enforce that provision.
Additional Clauses Applicable to the Sale of Apparel
For any content that you submit - any information such as data, text, images, files, links, software, chat, communication or other materials, including but not limited to photos and reviews relating to your use of the Service - you grant ANTONIA DIAMONDS a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.
All content that you submit may be used at ANTONIA DIAMONDS sole discretion. We reserve the right to change, condense or delete any content on our website that ANTONIA DIAMONDS deems, in its sole discretion, to violate the content guidelines or any other provision of these Terms. ANTONIA DIAMONDS does not guarantee that you will have any recourse through ANTONIA DIAMONDS to edit or delete any content you have submitted. Ratings, reviews and written comments are generally moderated and published within two to four business days. However, ANTONIA DIAMONDS reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not ANTONIA DIAMONDS, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of ANTONIA DIAMONDS, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.
By submitting any content to ANTONIA DIAMONDS, you represent and warrant that:
You further agree and warrant that you shall not submit any content:
You agree to indemnify and hold ANTONIA DIAMONDS (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.
Please see our privacy policy.
The User agrees for ANTONIA DIAMONDS to obtain from a credit reporting agency a credit report containing personal credit information about the User in relation to credit provided by ANTONIA DIAMONDS.
The User agrees that ANTONIA DIAMONDS may exchange information about the User with those credit providers either named as trade referees by the User or named in a consumer credit report issued by a credit reporting agency for the following purposes:
(a) to assess an application by the User; and/or
(b) to notify other credit providers of a default by the User; and/or
(c) to exchange information with other credit providers as to the status of this credit account, where the User is in default with other credit providers; and/or
(d) to assess the creditworthiness of the User
The User understands that the information exchanged can include anything about the User's creditworthiness, credit standing, credit history or credit capacity that credit providers are allowed to exchange under the Privacy Act 1988.
The User consents to ANTONIA DIAMONDS being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) Privacy Act 1988).
The User agrees that personal credit information provided may be used and retained by ANTONIA DIAMONDS for the following purposes (and for other purposes as shall be agreed between the Client and ANTONIA DIAMONDS or required by law from time to time):
(a) the provision of sale of Fine Jewellery; and/or
(b) analysing, verifying and/or checking the User's credit, payment and/or status in relation to the provision of the sale of fine jewellery; and/or
(c) processing of any payment instructions, direct debit facilities and/or credit facilities requested by the User; and/or
(d) enabling the daily operation of User's account and/or the collection of amounts outstanding in the User's account in relation to the sale of the Fine Jewellery.
ANTONIA DIAMONDS may give information about the User to a credit reporting agency for the following purposes:
(a) to obtain a consumer credit report about the User;
(b) allow the credit reporting agency to create or maintain a credit information file containing information about the User.
The information given to the credit reporting agency may include:
(a) personal particulars (the User's name, sex, address, previous addresses, date of birth, name of employer and driver’s licence number);
(b) details concerning the User's application for credit or commercial credit and the amount requested;
(c) advice that ANTONIA DIAMONDS is a current credit provider to the User;
(d) advice of any overdue accounts, loan repayments, and/or any outstanding monies owing which are overdue by more than sixty (60) days, and for which debt collection action has been started;
(e) that the User's overdue accounts, loan repayments and/or any outstanding monies are no longer overdue in respect of any default that has been listed;
(f) information that, in the opinion of ANTONIA DIAMONDS, the User has committed a serious credit infringement (that is, fraudulently or shown an intention not to comply with the User's credit obligations);
(g) that credit provided to the User by ANTONIA DIAMONDS has been paid or otherwise discharged.
User acknowledges and agrees that ANTONIA DIAMONDS trademark shall remain the intellectual property of ANTONIA DIAMONDS at all times and further agrees that they shall not use the same for any purpose whatsoever without the express written approval of ANTONIA DIAMONDS.
In this section financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPSA.
Upon assenting to these terms and conditions in writing the User acknowledges and agrees that these terms and conditions constitute a security agreement for the purposes of the PPSA and creates a security interest in all Fine Jewellery that has previously been supplied and that will be supplied in the future by ANTONIA DIAMONDS to the User.
1. The User undertakes to:
(a) promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which ANTONIA DIAMONDS may reasonably require to:
(i) register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register;
(ii) register any other document required to be registered by the PPSA; or
(iii) correct a defect in a statement referred to in clause 19.3(a)(i) or 19.3(a)(ii);
(b) indemnify, and upon demand reimburse, ANTONIA DIAMONDS for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any Fine jewellery charged thereby;
(c) not register a financing change statement in respect of a security interest without the prior written consent of ANTONIA DIAMONDS;
(d) not register, or permit to be registered, a financing statement or a financing change statement in relation to the Fine Jewellery in favour of a third party without the prior written consent of ANTONIA DIAMONDS.
ANTONIA DIAMONDS and the Client agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions.
19.5 The User waives their rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.
The User waives their rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.
Unless otherwise agreed to in writing by ANTONIA DIAMONDS, the User waives their right to receive a verification statement in accordance with section 157 of the PPSA.
The User must unconditionally ratify any actions taken by ANTONIA DIAMONDS under clauses 19.3 to
Subject to any express provisions to the contrary nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions the PPSA.
1 ANTONIA DIAMONDS and the User agree that the ownership of Fine Jewellery shall not pass until:
(a) the User has paid ANTONIA DIAMONDS all amounts owing to ANTONIA DIAMONDS; and
(b) the User has met all of its other obligations to ANTONIA DIAMONDS.
Receipt by ANTONIA DIAMONDS of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised.
The User must inspect the Fine Jewellery on delivery and must within four hours (4 hours) of delivery notify ANTONIA DIAMONDS in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote. The User must notify any other alleged defect in the Fine Jewellery as soon as reasonably possible after any such defect becomes evident. Upon such notification the User must allow ANTONIA DIAMONDS to inspect the Fine Jewellery.
Under applicable State, Territory and Commonwealth Law (including, without limitation the CCA), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the CCA) may be implied into these terms and conditions (Non-Excluded Guarantees).
ANTONIA DIAMONDS acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.
Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, ANTONIA DIAMONDS makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Fine Jewellery. ANTONIA DIAMONDS liability in respect of these warranties is limited to the fullest extent permitted by law.
If the User is a consumer within the meaning of the CCA, ANTONIA DIAMONDS liability is limited to the extent permitted by section 64A of Schedule 2.
If ANTONIA DIAMONDS is required to replace the Fine Jewellery under this clause or the CCA, but is unable to do so, ANTONIA DIAMONDS may refund any money the User has paid for the Fine Jewellery.
Subject to this section, returns will only be accepted provided that:
(a) the User has complied with the provisions of this section; and
(b) ANTONIA DIAMONDS has agreed that the Fine Jewellery is defective; and
(c) the Fine Jewellery are returned within a reasonable time at the User's cost (if that cost is not significant); and
(d) the Fine Jewellery are returned in as close a condition to that in which they were delivered as is possible.
Notwithstanding this section, but subject to the CCA, Fine Jewellery shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:
(a) the User failing to properly maintain or store any Fine Jewellery;
(b) the User continuing the use of any Fine Jewellery after any defect became apparent or should have become apparent to a reasonably prudent user;
(c) fair wear and tear, any accident, or act of God.
Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the CCA or the FTA in each of the States and Territories of Australia (including any substitute to those Acts or re-enactment thereof), except to the extent permitted by those Acts where applicable.
Where the User hires Apparel as a consumer these terms and conditions shall be subject to any laws or legislation governing the rights of consumers and shall not affect the consumer’s statutory rights.