Terms of service

TERMS OF SERVICE

OVERVIEW This website is operated by Aura Diamonds Pty Ltd (ABN 31 691 748 928). Throughout the site, the terms “we”, “us” and “our” refer to Aura Diamonds Pty Ltd. We offer this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

SECTION 1 - ONLINE STORE TERMS By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions. Any reliance on the material on this site is at your own risk.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

4.1 Price Fluctuations: You acknowledge that our products contain precious metals (gold, silver, platinum) and gemstones, the prices of which fluctuate based on global markets. Prices for our products are subject to change without notice prior to the formation of a contract.

4.2 Right to Modify: We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.

SECTION 5 - PRODUCTS, SERVICES & MANUFACTURING

5.1 Product Availability: Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Refund Policy.

5.2 Material Definitions & Customer Responsibility: It is your responsibility to read the product description fully before purchase. We clearly list materials (e.g., Solid Gold, 925 Sterling Silver, Gold Vermeil, Gold Plated). You acknowledge that:

"Gold Vermeil" or "Plated" refers to a base metal (usually Silver) with a gold coating. It is not Solid Gold.

"White Gold on Silver" implies a silver base. Misinterpretation of these clearly stated industry terms does not constitute a "misleading description" or a defect. Returns based on a failure to read material specifications will be treated as Change of Mind returns.

5.3 Visual Representation: We have made every effort to display as accurately as possible the colors and images of our products. We cannot guarantee that your computer monitor's display of any color will be accurate.

5.4 Manufacturing Tolerances: Jewelry manufacturing involves hand-finishing and organic materials. Minor variations in weight, size, and finish may occur and do not constitute a defect or error.

5.5 Production Timeframes (Made-to-Order): Because of the bespoke nature of our jewelry, any timeframes provided for Custom or Made-to-Order production (such as 18K Solid Gold pieces) are estimates only. Our priority is exceptional craftsmanship. We reserve the right to extend production time reasonably to ensure the final piece passes our rigorous quality control standards. A reasonable extension of an estimated production timeframe does not constitute a breach of contract and does not entitle the customer to a cancellation or refund.

SECTION 6 - PRODUCT CARE, DURABILITY & REASONABLE USE

6.1 Usage Expectation: You acknowledge that fine jewelry is a delicate item, not an indestructible tool. It requires reasonable care. You agree that the following actions constitute "abnormal use" and any resulting damage is not covered by our warranty or consumer guarantee:

Wearing jewelry while sleeping, swimming, showering, or exercising (gym).

Exposing jewelry to harsh chemicals, perfumes, lotions, or cleaning agents (including but not limited to soaps or dishwashing or laundry liquids).

Subjecting jewelry to hard knocks, drops, or pressure (which can bend claws and cause stone loss).

6.2 Wear and Tear: We are not liable for "Fair Wear and Tear." This includes:

The natural fading or wearing off of Rhodium plating or Gold plating over time (this is a maintenance issue, not a defect).

Scratches on metal bands or stones caused by daily contact.

Prongs/Claws catching on clothing and bending over time.

6.3 Maintenance: It is the customer's responsibility to have their jewelry inspected (e.g., checking for loose prongs) every 6-12 months. Loss of stones due to unmaintained or bent prongs after a period of wear is not a manufacturing defect.

SECTION 7 - ORDER FORMATION AND CANCELLATION

7.1 Offer and Acceptance (Contract Formation): By placing an order and making payment, you are making an offer to purchase our products. The point at which a binding contract is formed depends on the nature of your item:

For Ready-to-Ship/Stock Items: A contract is formed only when we have processed your order and dispatched the goods to you.

For Made-to-Order & Bespoke Items: A binding contract is formed at the moment your payment is processed and production commences. Because these items require the immediate allocation of raw materials (such as casting specific gold purities and sourcing specific stones), your order becomes a binding agreement once manufacturing begins.

7.2 Customer Cancellations (Made-to-Order Items): As detailed in our Refund Policy, once a contract is formed and production has commenced on a Made-to-Order, Custom, or Bespoke item (including all Solid Gold pieces from our collections), the order cannot be canceled for a "change of mind" or due to standard production delays. The materials and labor have been irrevocably committed exclusively to your piece.

7.3 Merchant Right to Cancel: We reserve the right to decline or cancel your order at any time prior to dispatch for any reason, including but not limited to:

Pricing Errors: If a product is listed at an incorrect price due to typographical error.

Market Fluctuations: If the cost of raw materials (Gold/Diamonds) increases significantly between the time of order and fulfillment.

Manufacturing/Human Error: If we determine we cannot produce the item to our quality standards.

Stock Unavailability: If specific materials are unavailable.

7.4 Refund as Sole Remedy: If we cancel your order after you have been charged, we will issue a full refund to your original payment method. You agree that a full refund is your sole and exclusive remedy in the event of such cancellation.

SECTION 8 - ACCURACY OF BILLING AND ACCOUNT INFORMATION We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store.

SECTION 9 - ERRORS, INACCURACIES, AND OMISSIONS

9.1 Correction of Errors: Occasionally there may be information on our site that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, shipping charges, and availability. We reserve the right to correct any errors and to change or update information or cancel orders if any information is inaccurate at any time without prior notice.

9.2 Human Error in Fulfillment: You acknowledge that human error is a possibility in the fulfillment process. In the event that Aura Diamonds Pty Ltd manufactures or dispatches an incorrect item:

You must return the incorrect item to us (at our cost).

Upon receipt of the returned item, we reserve the right to issue a full refund rather than manufacturing a replacement, particularly in instances where the cost of manufacturing the correct item has increased or is no longer commercially viable.

SECTION 10 - 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” without any warranties, representations, or conditions of any kind.

SECTION 11 - THIRD-PARTY LINKS Certain content, products, and services available via our Service may include materials from third-parties. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability for any third-party materials or websites.

SECTION 12 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS If you send specific submissions or creative ideas, 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 under no obligation to maintain any comments in confidence or to pay compensation.

SECTION 13 - PERSONAL INFORMATION Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 14 - PROHIBITED USES You are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights; (e) to submit false or misleading information; (f) to upload or transmit viruses; (g) to interfere with the security features of the Service.

SECTION 15 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

15.1 Warranties: The Service and all products delivered to you are provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties of merchantability, durability, title, and non-infringement.

15.2 Limitation of Liability: To the fullest extent permitted by law, Aura Diamonds Pty Ltd, our directors, officers, employees, affiliates, or suppliers shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, or consequential damages of any kind, arising from your use of any of the service or any products procured using the service.

15.3 ACL Acknowledgment: Nothing in these terms limits or excludes any rights you may have under the Australian Consumer Law (ACL) which cannot be excluded. However, where permitted by the ACL, our liability is limited to: (a) the replacement of the goods; (b) the repair of the goods; (c) the payment of the cost of replacing the goods; or (d) the payment of the cost of having the goods repaired. We have the sole discretion to determine which remedy is provided.

SECTION 16 - INDEMNIFICATION You agree to indemnify, defend and hold harmless Aura Diamonds Pty Ltd and our affiliates, partners, officers, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service.

SECTION 17 - SEVERABILITY In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed.

SECTION 18 - TERMINATION The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement. These Terms of Service are effective unless and until terminated by either you or us.

SECTION 19 - ENTIRE AGREEMENT These Terms of Service and any policies posted by us on this site constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior agreements.

SECTION 20 - GOVERNING LAW These Terms of Service shall be governed by and construed in accordance with the laws of Victoria, Australia, and you submit to the non-exclusive jurisdiction of the courts of Victoria.

SECTION 21 - CHANGES TO TERMS OF SERVICE You can review the most current version of the Terms of Service at any time at this page. We reserve the right to update or change any part of these Terms of Service by posting updates to our website. It is your responsibility to check our website periodically for changes.

SECTION 22 - CONTACT INFORMATION Questions about the Terms of Service should be sent to us at shop@aura-diamonds.com.au.

Aura Diamonds Pty Ltd ABN: 31 691 748 928 | Email: shop@aura-diamonds.com.au Phone: +61 450 000 077 - 11AM to 7PM - Mon-Sat (AEST)