Refund policy

MICHAEL ARTHUR DIAMONDS

TERMS & CONDITIONS

These Terms & Conditions (“Terms”) apply to all purchases of jewellery, diamonds, gemstones, products, services, custom designs, repairs, alterations, consultations and other goods or services supplied by Michael Arthur Diamonds (“Michael Arthur Diamonds”, “we”, “us” or “our”).

By placing an order, approving a quotation, signing an order, making a deposit, making any part-payment, approving a design or specification, or otherwise instructing Michael Arthur Diamonds to proceed with an order or service, you (“Customer”, “you” or “your”) acknowledge that you have had the opportunity to read these Terms and agree to be bound by them.

These Terms should be read together with the applicable quotation, order confirmation, approved specifications, Refund, Exchange & Cancellation Policy and Lifetime Warranty.

Nothing in these Terms excludes, restricts or modifies any right or remedy that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law (“ACL”) or any other applicable law.

1. ACCEPTANCE OF THESE TERMS

1.1 Binding Agreement

A binding agreement is formed when Michael Arthur Diamonds accepts your order, quotation or instruction to proceed.

Without limitation, acceptance may occur when you:

• pay a deposit;
• make any part-payment;
• approve a quotation;
• approve a design, CAD drawing, stone or specification;
• instruct us to purchase, reserve or source a diamond or gemstone;
• instruct us to commence manufacturing;
• sign an order or quotation; or
• otherwise instruct Michael Arthur Diamonds to proceed.

1.2 Deposit Constitutes Acceptance

Payment of any deposit or part-payment constitutes your acceptance of these Terms and creates a binding contractual commitment in respect of the relevant order, goods and services.

You acknowledge that Michael Arthur Diamonds may rely upon your payment and instructions by:

• purchasing or reserving diamonds or gemstones;
• purchasing precious metals or other materials;
• engaging suppliers;
• allocating manufacturing capacity;
• commencing CAD or design work;
• commencing production;
• arranging specialist services; and/or
• incurring other costs or commitments on your behalf.

1.3 Electronic and Verbal Approval

Where reasonably identifiable, approval given by email, text message, electronic communication, online approval, telephone instruction or other recorded communication may constitute acceptance or approval of the relevant quotation, design, specification or instruction.

You are responsible for ensuring that all information provided to us is accurate and complete.

1.4 Authority to Instruct

Where a Customer places an order or provides instructions on behalf of another person or entity, the person providing the instructions represents that they have authority to do so.

1. QUOTATIONS AND PRICING

2.1 Quotations

Unless expressly stated otherwise in writing, quotations are estimates and may be subject to change before an order is accepted.

A quotation may specify:

• jewellery design;
• metal type and purity;
• diamond or gemstone specifications;
• labour and manufacturing costs;
• applicable taxes;
• estimated completion date;
• inclusions and exclusions; and
• other relevant specifications.

2.2 Quotation Validity

Unless otherwise specified, quotations are valid for the period stated on the quotation.

Diamond, gemstone, precious metal and supplier pricing can change rapidly.

A quotation does not guarantee availability or price until the applicable order has been accepted and the required deposit has been received.

2.3 Price Changes

Where a quotation has not been accepted and the required deposit has not been paid, Michael Arthur Diamonds reserves the right to amend the quotation to reflect changes in:

• diamond or gemstone pricing;
• precious metal pricing;
• supplier pricing;
• exchange rates;
• freight;
• taxes or duties;
• manufacturing costs; or
• availability.

2.4 Accepted Orders

Once an order has been accepted and the required deposit has been received, the agreed price will generally apply to the order, subject to:

• Customer-requested variations;
• changes requested after design approval;
• changes in specifications;
• additional work;
• additional materials;
• supplier charges;
• delays or costs caused by Customer action or inaction; or
• any other variation agreed between the parties.

Any variation will be communicated to the Customer where reasonably practicable before the additional cost is incurred.

1. DEPOSITS AND PART-PAYMENTS

3.1 Deposits

Deposits secure the Customer’s order and allow Michael Arthur Diamonds to commit resources and costs to the order.

A deposit may be used to:

• purchase or reserve a diamond or gemstone;
• purchase precious metals or materials;
• commence CAD or design work;
• commence manufacturing;
• engage third-party suppliers;
• reserve production capacity;
• order custom components; or
• otherwise commence work on the Customer’s order.

3.2 Deposits Are Not Automatically Refundable

A deposit is a contractual payment and is not automatically refundable merely because the Customer subsequently:

• changes their mind;
• decides not to proceed;
• finds another product or supplier;
• experiences a change in personal circumstances;
• chooses another design;
• chooses another jeweller; or
• otherwise wishes to cancel.

This does not affect any statutory right or remedy available to the Customer under the ACL.

3.3 Application of Deposits

Where reasonably practicable and at Michael Arthur Diamonds’ discretion, a deposit paid toward a particular diamond or jewellery piece may be transferred toward:

• another diamond;
• another gemstone;
• another jewellery design; or
• another Michael Arthur Diamonds purchase.

Any difference in price will be payable by or credited to the Customer as applicable.

Transfer of a deposit is not an automatic entitlement and may be subject to:

• supplier commitments;
• returnability of the original diamond or gemstone;
• costs already incurred;
• manufacturing commenced;
• CAD or design work completed; and
• other reasonable costs or commitments.

3.4 Deposit and Supplier Commitments

The Customer acknowledges that a deposit may enable Michael Arthur Diamonds to make commitments to third parties that cannot subsequently be cancelled or recovered.

Where such costs have been reasonably incurred and the Customer cancels without a statutory right to do so, those costs may be taken into account when determining any amount refundable or payable.

1. DIAMOND AND GEMSTONE SELECTION

4.1 Diamond Approval

Where a Customer selects or approves a particular diamond or gemstone, that selection forms part of the agreed specifications of the order.

The Customer is responsible for reviewing and approving, where applicable:

• carat weight;
• colour;
• clarity;
• cut;
• measurements;
• certification;
• proportions;
• inclusions;
• fluorescence;
• shape;
• visual appearance; and
• other relevant characteristics.

4.2 Diamond Procurement

Once Michael Arthur Diamonds purchases, reserves or commits to a particular diamond or gemstone on the Customer’s behalf, the Customer acknowledges that the stone may be subject to supplier terms and may not be returnable.

Where a diamond or gemstone cannot be returned to the supplier, or Michael Arthur Diamonds has incurred a non-refundable commitment, those costs may be taken into account if the Customer subsequently cancels or changes the order without a statutory right to do so.

4.3 Diamond Viewing Deposits

Where a deposit is paid to facilitate the viewing, sourcing, reservation or procurement of one or more loose diamonds or gemstones, that deposit forms part of the Customer’s contractual commitment.

Where the selected diamond is purchased, the applicable deposit will ordinarily be applied toward that diamond or the jewellery piece incorporating it.

Where reasonably practicable, and subject to supplier terms and returnability, the deposit may be transferred to another diamond or jewellery piece.

4.4 Non-Returnable Diamonds and Gemstones

Not all diamonds and gemstones are returnable.

Before committing to a particular stone, Michael Arthur Diamonds may advise the Customer where a diamond or gemstone is:

• non-returnable;
• specially sourced;
• specially cut;
• reserved exclusively for the Customer;
• subject to supplier cancellation fees; or
• otherwise subject to a non-refundable supplier commitment.

Once such a commitment has been made, Michael Arthur Diamonds may incur costs that cannot reasonably be recovered.

1. BESPOKE AND CUSTOM-MADE JEWELLERY

5.1 Custom Manufacturing

Many Michael Arthur Diamonds pieces are made specifically for individual customers.

Custom or bespoke jewellery may involve:

• CAD design;
• 3D modelling;
• wax or resin models;
• custom dimensions;
• unique settings;
• custom engraving;
• specially sourced diamonds or gemstones;
• custom metalwork;
• personalised features; and
• manufacturing specifically for the Customer.

5.2 No Change-of-Mind Cancellation

Custom and bespoke jewellery is not eligible for cancellation, refund or exchange solely because of:

• change of mind;
• change in personal circumstances;
• choosing another design;
• choosing another jeweller;
• finding a cheaper alternative;
• no longer requiring the item; or
• dissatisfaction with a decision previously approved by the Customer,

subject always to the Customer’s rights under the ACL.

5.3 Commencement of Manufacturing

Once manufacturing, CAD design, sourcing or procurement has commenced, the Customer acknowledges that Michael Arthur Diamonds may have incurred costs that cannot be recovered or reversed.

If the Customer cancels an order without a statutory right to do so, Michael Arthur Diamonds may retain or recover amounts reasonably attributable to costs, commitments and losses incurred in connection with the order, including:

• diamonds;
• gemstones;
• precious metals;
• CAD/design;
• modelling;
• labour;
• manufacturing;
• engraving;
• third-party services;
• supplier cancellation costs;
• freight;
• transaction costs; and
• other reasonably foreseeable costs or losses.

Any balance remaining after properly accounting for such amounts will be dealt with in accordance with applicable law.

1. CAD, DESIGN AND CUSTOMER APPROVAL

6.1 Customer Responsibility

Where a CAD drawing, design, rendering, specification or other visual representation is provided for approval, the Customer is responsible for carefully reviewing and approving it before manufacturing commences.

Approval confirms acceptance of the design and specifications shown or communicated.

6.2 CAD Approval Period

The Customer must actively review, approve or request reasonable amendments to any CAD drawing, design or rendering within 30 days of the deposit being paid, or, where the CAD/design is first provided after the deposit date, within 7 days of the CAD/design being provided.

The Customer must not unreasonably delay approval, amendments or instructions required to progress the order.

Where the Customer does not provide the required approval or instructions within the applicable period, Michael Arthur Diamonds may treat the order as delayed by the Customer.

6.3 Consequences of Customer Delay

Where Customer delay prevents or materially interferes with progression of an order, Michael Arthur Diamonds may, to the extent reasonably necessary:

• place the order on hold;
• suspend CAD, design, sourcing or manufacturing work;
• defer or revise estimated completion dates;
• reallocate production capacity;
• require confirmation from the Customer before recommencing work;
• require outstanding payments before recommencing work; and
• recover reasonable and proportionate costs actually incurred as a result of the Customer’s delay.

Such costs may include, where actually incurred:

• additional CAD or redesign work;
• additional design administration;
• supplier or manufacturer charges;
• storage costs;
• rescheduling costs;
• additional freight;
• changes in material or diamond pricing;
• lost or reallocated manufacturing capacity; and
• other reasonably foreseeable costs directly caused by the delay.

Michael Arthur Diamonds will not impose an arbitrary or punitive fee merely because a Customer has exceeded the approval period.

6.4 Recommencement After Customer Delay

Where an order has been placed on hold due to Customer delay, Michael Arthur Diamonds may require the Customer to confirm in writing that they wish to recommence the order.

The estimated completion date may be recalculated from the date the order is recommenced.

Any additional costs caused by the delay or requested changes may be payable before work recommences.

6.5 Design Approval

Once the Customer approves a CAD drawing, design, rendering or specification, that approval forms part of the agreed order specifications.

Changes requested after approval may result in:

• additional costs;
• delays;
• redesign fees;
• additional CAD charges;
• additional manufacturing charges; or
• cancellation of the existing design and commencement of a new order.

The Customer will be advised of additional costs where reasonably practicable before those costs are incurred.

6.6 Dimensions and Proportions

Computer-generated images and renders may not accurately represent the physical size, scale, colour, brilliance or appearance of the finished jewellery.

Minor variations may occur as a result of:

• manufacturing tolerances;
• gemstone characteristics;
• metal properties;
• setting requirements;
• structural requirements; and
• practical manufacturing considerations.

1. MANUFACTURING TOLERANCES

Fine jewellery is individually manufactured and is not necessarily identical to a computer rendering, photograph, drawing or previous example.

Reasonable variations may occur in:

• dimensions;
• weight;
• metal thickness;
• stone placement;
• surface finish;
• colour;
• texture;
• proportions; and
• other manufacturing characteristics.

Such reasonable variations do not constitute a defect where the finished jewellery substantially conforms to the agreed specifications and applicable legal requirements.

Nothing in this section limits any statutory consumer guarantee.

1. ENGRAVING AND PERSONALISATION

Engraving, inscriptions and other personalised work must be carefully checked and approved before production.

The Customer is responsible for confirming:

• spelling;
• dates;
• names;
• wording;
• symbols;
• fonts; and
• positioning.

Personalised jewellery cannot ordinarily be returned or exchanged due to change of mind or Customer error, subject always to the ACL.

Where an error is caused by Michael Arthur Diamonds, the Customer’s statutory rights remain unaffected.

1. CUSTOMER-SUPPLIED MATERIALS OR JEWELLERY

Where the Customer supplies diamonds, gemstones, jewellery or other materials for incorporation into a new piece or alteration, Michael Arthur Diamonds will exercise reasonable care.

The Customer acknowledges that:

• pre-existing damage may not always be visible;
• gemstones may contain internal characteristics;
• stones may be susceptible to damage during removal or resetting;
• antique or previously repaired jewellery may have structural weaknesses;
• certain materials may not be suitable for the proposed work; and
• the condition of customer-supplied materials may affect the outcome.

Where reasonably practicable, Michael Arthur Diamonds will advise the Customer of identified risks before proceeding.

Nothing in this section excludes rights or remedies that cannot lawfully be excluded.

1. CANCELLATIONS

10.1 Customer Cancellation

If the Customer wishes to cancel an order, the Customer must notify Michael Arthur Diamonds in writing.

Cancellation does not automatically entitle the Customer to a refund.

Where cancellation occurs without a statutory right to cancel, Michael Arthur Diamonds may retain or recover reasonable costs and losses incurred in connection with the order.

10.2 Costs Following Cancellation

Depending on the stage of the order, costs may include:

• diamonds or gemstones purchased or reserved;
• non-refundable supplier commitments;
• precious metals;
• CAD and design work;
• manufacturing;
• labour;
• engraving;
• freight;
• third-party services;
• transaction fees;
• supplier cancellation charges; and
• other reasonably foreseeable costs and losses.

Michael Arthur Diamonds will not seek to recover the same cost twice.

10.3 Michael Arthur Diamonds Cancellation

If Michael Arthur Diamonds is unable to fulfil an order, we will work with the Customer to provide an appropriate solution in accordance with the circumstances and applicable law.

Where the inability to supply gives rise to a statutory remedy, the Customer will receive the remedy required by law.

1. CHANGE OF MIND

Michael Arthur Diamonds is not required to provide a refund, exchange or credit where a Customer simply changes their mind, unless our published change-of-mind policy expressly provides otherwise.

Where Michael Arthur Diamonds voluntarily agrees to accept a change-of-mind return, the return will be subject to the applicable Refund, Exchange & Cancellation Policy.

Custom-made, personalised and bespoke jewellery may be excluded from voluntary change-of-mind returns.

Nothing in this section limits any rights available under the ACL.

1. RETURNS AND REFUNDS

Returns, exchanges, refunds and cancellations are governed by the applicable Michael Arthur Diamonds Refund, Exchange & Cancellation Policy.

The ACL takes precedence over any voluntary store policy where a consumer is entitled to a remedy under the law.

Nothing in these Terms prevents a Customer from exercising a statutory right or remedy.

1. PAYMENT TERMS, OVERDUE ACCOUNTS AND CUSTOMER NON-PAYMENT

13.1 Payment Due Date

All invoices, deposits, progress payments, balances and other amounts are payable by the due date stated on the applicable quotation, order confirmation or invoice.

The Customer is responsible for ensuring that payment is received by Michael Arthur Diamonds by the applicable due date.

13.2 Failure to Pay

Where a Customer fails to make a required payment when due, Michael Arthur Diamonds may, to the extent permitted by law:

• suspend work;
• suspend CAD or design work;
• suspend sourcing or procurement;
• suspend manufacturing;
• suspend delivery;
• delay completion;
• withhold release of completed jewellery until amounts properly due are paid;
• require payment before recommencing work;
• revise estimated completion dates;
• recover reasonable additional costs actually caused by the delay; and
• take lawful steps to recover amounts owing.

Any action taken under this section remains subject to applicable law and the Customer’s statutory rights.

13.3 Thirty-Day Payment Grace Period

Unless otherwise expressly agreed in writing, where an invoice remains unpaid for 30 days after its stated due date, the account will be considered an overdue account for the purposes of this section.

The 30-day period is a contractual grace period before interest begins to accrue.

The existence of the grace period does not waive Michael Arthur Diamonds’ right to take reasonable steps during that period to request or recover payment.

13.4 Interest on Overdue Amounts

Where an undisputed invoice remains unpaid after the expiry of the 30-day grace period, Michael Arthur Diamonds may charge interest on the overdue principal amount at the rate of 10% per annum, calculated daily.

Interest will:

• commence on the day after expiry of the 30-day grace period;
• be calculated on the unpaid principal amount only;
• accrue until the overdue amount is paid;
• be calculated using a 365-day year; and
• not be compounded unless otherwise permitted by law.

The interest is intended to compensate Michael Arthur Diamonds for the reasonable cost and commercial impact of delayed payment and is not intended to operate as a punitive penalty.

Michael Arthur Diamonds may waive or reduce interest at its discretion.

13.5 Genuine Payment Disputes

If the Customer genuinely disputes an invoice or part of an invoice, the Customer must notify Michael Arthur Diamonds in writing and provide reasonable details of the dispute within 7 days of receiving the invoice, or as soon as reasonably practicable after becoming aware of the issue.

The Customer must:

• identify the amount genuinely disputed;
• explain the basis of the dispute;
• provide any supporting information reasonably requested; and
• pay any undisputed portion of the invoice by the applicable due date.

Where a dispute is genuine and raised in good faith, Michael Arthur Diamonds will reasonably consider the dispute before pursuing the disputed amount.

Interest will not accrue on a genuinely disputed amount while the dispute is being investigated and dealt with in good faith, provided the Customer has complied with this section.

This does not prevent Michael Arthur Diamonds from pursuing any undisputed amount.

13.6 Debt Recovery Costs

If an amount remains overdue and Michael Arthur Diamonds incurs reasonable external costs in recovering an undisputed debt, Michael Arthur Diamonds may seek to recover those costs to the extent permitted by law.

Such costs may include reasonable:

• debt collection costs;
• legal costs;
• court filing fees;
• process server fees; and
• other third-party recovery costs actually incurred.

Any recovery of such costs will be limited to costs reasonably and proportionately incurred and permitted by law.

Michael Arthur Diamonds will not seek to recover the same loss, cost or expense more than once.

13.7 Payment Allocation

Unless otherwise agreed, payments may be applied first toward:

• amounts properly due for goods or services;
• accrued interest on overdue amounts; and
• reasonable recovery costs properly payable under these Terms,

to the extent permitted by law.

13.8 No Waiver

A failure by Michael Arthur Diamonds to immediately charge interest, suspend work or enforce a payment term does not constitute a waiver of the right to do so later.

13.9 Statutory Rights

Nothing in this section is intended to exclude, restrict or modify any right or remedy that cannot lawfully be excluded under the ACL or other applicable law.

1. COLLECTION AND UNCOLLECTED ITEMS

Customers will be notified when jewellery is ready for collection.

The Customer should collect completed jewellery within a reasonable period.

Where jewellery remains uncollected for an extended period, Michael Arthur Diamonds may contact the Customer to arrange collection or delivery.

Michael Arthur Diamonds will not dispose of, sell or otherwise deal with a Customer’s jewellery except as permitted by law and after taking reasonable steps to contact the Customer.

1. DELIVERY AND SHIPPING

Delivery dates are estimates unless expressly agreed otherwise in writing.

Delivery times may be affected by:

• supplier delays;
• diamond or gemstone availability;
• manufacturing;
• customisation;
• CAD approval;
• Customer-requested changes;
• Customer delay;
• freight;
• customs;
• international shipping;
• circumstances outside our reasonable control; and
• other unforeseen events.

Where Customer delay affects the order, the estimated completion or delivery date may be reasonably extended.

Where Michael Arthur Diamonds is responsible for delivery arrangements, responsibility for loss or damage will be determined in accordance with applicable law.

Where the Customer independently arranges and pays for return shipping, the Customer is responsible for selecting an appropriate carrier and insurance, except to the extent otherwise required by law.

1. INSURANCE

Customers are responsible for obtaining appropriate insurance for valuable jewellery after delivery or collection.

Michael Arthur Diamonds strongly recommends specialist jewellery insurance covering:

• accidental damage;
• loss;
• theft;
• disappearance;
• damage to diamonds and gemstones; and
• other relevant risks.

Insurance is separate from the Michael Arthur Diamonds Lifetime Warranty.

Nothing in this section limits any statutory right or remedy.

1. LIFETIME WARRANTY

Michael Arthur Diamonds provides a Lifetime Warranty against specified manufacturing defects, subject to the terms of the Michael Arthur Diamonds Lifetime Warranty.

The Lifetime Warranty is a voluntary warranty provided in addition to the Customer’s statutory rights.

The Lifetime Warranty does not replace, exclude or limit the ACL.

The Lifetime Warranty should be read together with these Terms.

1. REPAIRS AND ALTERATIONS

All repairs, alterations and modifications are subject to assessment.

Before undertaking chargeable work, Michael Arthur Diamonds may provide a quotation.

Where a Customer declines a recommended repair, Michael Arthur Diamonds may decline to undertake other work where doing so would create a safety, structural or quality risk.

Any repair or alteration performed by another jeweller may affect the Michael Arthur Diamonds Lifetime Warranty where the third-party work causes or contributes to the issue.

Nothing in this section limits the ACL.

1. GEMSTONE AND DIAMOND CHARACTERISTICS

Diamonds and gemstones are natural or laboratory-created materials with individual characteristics.

Natural diamonds and gemstones may contain:

• inclusions;
• colour variations;
• growth characteristics;
• internal features;
• fluorescence;
• structural characteristics; and
• other natural variations.

These characteristics do not necessarily constitute defects.

Where a stone is selected based on a certificate, report, grading information or other specification, the Customer acknowledges that grading laboratories provide assessments according to their respective grading standards.

1. COLOUR AND APPEARANCE

The appearance of jewellery and gemstones can vary depending on:

• lighting;
• camera equipment;
• display screens;
• viewing angle;
• surrounding colours;
• metal colour;
• gemstone characteristics; and
• individual perception.

Images, videos and computer renders are provided for illustrative purposes and may not perfectly reproduce the appearance of the physical item.

1. CUSTOMER INFORMATION

The Customer is responsible for providing accurate:

• names;
• contact information;
• delivery addresses;
• ring sizes;
• engraving details;
• design instructions;
• measurements; and
• other relevant information.

Michael Arthur Diamonds is not responsible for additional costs arising from inaccurate information supplied by the Customer, except to the extent otherwise required by law.

Where incorrect information results in additional work, the Customer may be responsible for reasonable additional costs, subject to applicable law.

1. RING SIZE

Ring sizing is the Customer’s responsibility where the Customer provides the required size.

Finger size can change due to:

• temperature;
• time of day;
• activity;
• swelling;
• weight fluctuations;
• pregnancy;
• medical or other circumstances; and
• other factors.

Where a Customer supplies an incorrect ring size, resizing may incur additional charges.

Custom rings may have limitations regarding resizing depending on their design, stone setting and construction.

Where Michael Arthur Diamonds is responsible for an incorrect size, the Customer’s statutory rights remain unaffected.

1. PRIVACY

Michael Arthur Diamonds collects and uses personal information in accordance with applicable privacy laws and our Privacy Policy.

Customer information may be used to:

• process orders;
• communicate regarding orders;
• arrange delivery;
• provide warranty and after-sales services;
• process payments;
• prevent fraud; and
• meet legal obligations.

Michael Arthur Diamonds will handle personal information in accordance with applicable privacy legislation and its Privacy Policy.

1. PHOTOGRAPHY AND MARKETING

Unless otherwise agreed in writing, Michael Arthur Diamonds may photograph completed jewellery for:

• quality control;
• archival purposes;
• educational purposes;
• portfolio purposes; and
• marketing purposes.

Where a photograph identifies the Customer or contains personally identifiable information, Michael Arthur Diamonds will obtain appropriate consent before using that identifiable material for marketing purposes.

1. INTELLECTUAL PROPERTY AND DESIGNS

All original:

• CAD designs;
• drawings;
• concepts;
• renders;
• photographs;
• branding;
• logos;
• written material; and
• other intellectual property

created by Michael Arthur Diamonds remain the property of Michael Arthur Diamonds unless expressly agreed otherwise in writing.

Payment for jewellery does not automatically transfer ownership of underlying design files, CAD files, drawings, concepts or other intellectual property.

Michael Arthur Diamonds reserves the right to use, modify, reproduce or further develop its own designs, concepts and intellectual property.

Michael Arthur Diamonds may refuse reproduction or commercial use of its designs without written permission.

Nothing in this section affects any intellectual property right that cannot lawfully be excluded.

1. THIRD-PARTY SUPPLIERS

Michael Arthur Diamonds may use third-party suppliers and manufacturers in fulfilling an order.

These may include:

• diamond suppliers;
• gemstone suppliers;
• casting houses;
• CAD designers;
• setters;
• engravers;
• laboratories;
• couriers;
• logistics providers; and
• specialist tradespeople.

Michael Arthur Diamonds remains responsible for its obligations under applicable law and these Terms.

1. EVENTS OUTSIDE OUR REASONABLE CONTROL

Michael Arthur Diamonds will not be responsible for delays caused by circumstances outside our reasonable control, including:

• natural disasters;
• fire;
• flood;
• pandemic;
• war;
• terrorism;
• industrial action;
• supplier failure;
• transport disruption;
• government action;
• customs delays;
• cyber incidents;
• utility failure; or
• other circumstances that could not reasonably have been prevented.

Where such circumstances occur, we will take reasonable steps to minimise delay and keep the Customer informed.

Nothing in this section excludes a statutory remedy that cannot lawfully be excluded.

1. LIMITATION OF LIABILITY

To the maximum extent permitted by law, Michael Arthur Diamonds will not be liable for indirect, incidental, special or consequential loss arising from a Customer’s use, possession or inability to use jewellery, except where such liability cannot lawfully be excluded.

Nothing in these Terms excludes liability or a remedy that cannot lawfully be excluded under the ACL or other applicable law.

Where the law permits Michael Arthur Diamonds to limit liability, any limitation will apply only to the extent permitted by law.

1. AUSTRALIAN CONSUMER LAW

Nothing in these Terms is intended to exclude, restrict or modify the operation of the Australian Consumer Law.

Our goods and services come with statutory consumer guarantees that cannot be excluded.

Depending on the circumstances, consumers may be entitled to:

• repair;
• replacement;
• refund;
• cancellation; and/or
• compensation

where goods or services fail to meet applicable consumer guarantees.

Consumer guarantees operate independently of our voluntary refund policies and Lifetime Warranty.

Our Terms, policies and warranties cannot remove or reduce rights that the law does not permit us to exclude.

1. AUSTRALIAN CONSUMER LAW — MANDATORY NOTICE

Goods

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law.

You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.

You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

Services

Our services come with guarantees that cannot be excluded under the Australian Consumer Law.

For major failures with a service, you may be entitled:

• to cancel your service contract; and
• to a refund for the unused portion, or to compensation for its reduced value.

You may also be entitled to compensation for reasonably foreseeable loss or damage resulting from a failure.

These statutory rights operate independently of any voluntary warranty or refund policy.

1. DISPUTE RESOLUTION

If a Customer has a concern or dispute, we encourage the Customer to contact Michael Arthur Diamonds first so that we have a reasonable opportunity to investigate and resolve the matter.

Where appropriate, we may request:

• proof of purchase;
• photographs;
• inspection of the jewellery;
• relevant correspondence;
• information concerning use or care; and
• other information reasonably necessary to assess the matter.

Where a dispute relates to an invoice, the Customer should identify the specific amount and basis of the dispute.

Michael Arthur Diamonds will consider genuine disputes in good faith.

Nothing in this section prevents a Customer from exercising any statutory right, contacting a relevant consumer protection authority or commencing proceedings where legally entitled to do so.

1. GOVERNING LAW

These Terms are governed by the laws applicable in New South Wales, Australia.

Any dispute will be subject to the applicable jurisdiction of the courts of New South Wales, subject to any mandatory rights or protections available to the Customer under applicable law.

1. SEVERABILITY

If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision will be read down to the minimum extent necessary or, where that is not possible, severed.

The remaining provisions will continue to operate to the maximum extent permitted by law.

1. NO WAIVER

A failure or delay by Michael Arthur Diamonds to enforce any provision of these Terms does not constitute a waiver of that provision or our right to enforce it later.

1. ENTIRE AGREEMENT

These Terms, together with the applicable:

• quotation;
• order confirmation;
• approved specifications;
• approved CAD/design;
• Refund, Exchange & Cancellation Policy;
• Lifetime Warranty; and
• other documents expressly incorporated into the order

constitute the agreement between Michael Arthur Diamonds and the Customer concerning the relevant order, subject to any mandatory rights under applicable law.

If there is an inconsistency between these Terms and a mandatory requirement of law, the mandatory legal requirement will prevail.

Where there is an inconsistency between these Terms and a specific written term in an accepted quotation or order, the specific written term will prevail only to the extent that it expressly varies these Terms.

1. CHANGES TO THESE TERMS

Michael Arthur Diamonds may update these Terms from time to time.

The Terms applicable to an order are those provided to or made available to the Customer at the time the relevant contract is formed.

A later change will not retrospectively alter an existing order unless:

• the Customer expressly agrees to the change; or
• the change is otherwise permitted by law.

The current version of these Terms may be published on the Michael Arthur Diamonds website for future orders.

1. CUSTOMER ACKNOWLEDGEMENT

By placing an order, paying any deposit or part-payment, approving a quotation or instructing Michael Arthur Diamonds to proceed, the Customer acknowledges that:

• they have had the opportunity to read these Terms;
• payment of a deposit creates a binding contractual commitment, subject to applicable law;
• Michael Arthur Diamonds may incur supplier, manufacturing, design and other costs following payment of a deposit;
• bespoke and custom-made jewellery may involve non-refundable supplier and manufacturing commitments;
• diamonds and gemstones may be non-returnable once procured or committed;
• approved designs and specifications form part of the order;
• the Customer is responsible for carefully reviewing CAD drawings, designs, specifications, measurements and personalisation before approval;
• CAD/design approvals and requested amendments must be progressed within the timeframes specified in these Terms;
• Customer delay may result in the order being placed on hold, completion dates being revised and reasonable additional costs being incurred;
• invoice payment dates are binding contractual payment dates;
• an invoice remaining unpaid for 30 days after its stated due date may attract interest at 10% per annum, calculated daily, subject to these Terms and applicable law;
• genuine payment disputes should be raised promptly and in good faith;
• reasonable external debt recovery costs may be recoverable where permitted by law;
• cancellation may result in reasonable costs and losses being deducted or recovered where legally permitted;
• the Lifetime Warranty is separate from statutory consumer guarantees; and
• nothing in these Terms removes, restricts or modifies any non-excludable rights under the Australian Consumer Law.

1. CONTACT

Michael Arthur Diamonds
Website: www.michaelarthur.com.au
Email: info@michaelarthur.com.au
Michael Arthur Diamonds — Forever Starts Here.