Terms & Conditions

Agreement

These Terms govern your access to and use of the Website (diamondsfactory.com.au) and its content, including any information, text, images, photos, designs, files, software, music, sound, and video ("Website Content"), provided by Neve Jewels AU Pty Limited. Your continued use of the Website after any changes constitutes your acceptance of the updated terms.

Use of Website

• Diamonds Factory grants you a non-exclusive, revocable licence to use the Website, but you shall not amend or modify any Website Content.
• You shall not exploit the Website Content (or any part thereof) for any commercial use or purpose except as specifically agreed with Diamonds Factory in connection with the services provided through the Website.
• You are granted a non-exclusive and revocable right to create a hyperlink to the Website provided that such link does not portray Diamonds Factory or any services provided in connection with Diamonds Factory in a false, misleading or offensive manner, or claim any association with Diamonds Factory.
• You shall not use any Diamonds Factory logo, design or trademark or any other intellectual property rights belonging or licensed to Diamonds Factory in connection with the aforesaid link without the express written consent of Diamonds Factory. .
• Diamonds Factory reserves the right to make changes from time to time to the Website Content.
• If you submit any user-generated content (such as reviews or comments) you grant us a non-exclusive, royalty-free license to use, reproduce and display such content on the website.
• You must comply with all applicable laws when using the Website, including not uploading harmful code or infringing third-party rights.

Intellectual Property Rights

• All intellectual property rights in the Website and Website Content are owned by us or our licensors. Your use does not grant any ownership rights.
• You may not publish, broadcast, retransmit, distribute, disseminate, sell, circulate or otherwise make available any part of the Website Content to any third party without the express written consent of the company;
• Any copy you make of any part of the Website Content must retain any copyright or other intellectual property notices contained in the original material together with an acknowledgment that such material is the property of the company or its Licensors; and;
• You acknowledge that some parts of the Website Content may be subject to other intellectual property rights reserved by Licensors and, notwithstanding any other provision in these Terms, you acknowledge that no sub-licence is granted to you by the company in respect of any such intellectual property rights except to the extent necessary to give effect to your rights as expressly set out in these Terms.

Liability

• We will use reasonable endeavors to ensure the Website is accessible, but we do not guarantee uninterrupted access and are not liable for any restrictions, interruptions, or delays, except where caused by our negligence or breach.
• You acknowledge that we do not make any representation or warranty (whether express or implied) that any Website Content is free of viruses or harmful components and Diamonds Factory accepts no responsibility or liability for the same.
• To the extent permitted by law, our total liability for any claim arising from these Terms, the Website, or Products (including under contract, tort, or statute) is limited to the price paid for the relevant Products. However, this limitation does not apply to liability for death, personal injury, fraud, or any other liability that cannot be excluded under law, including consumer guarantees under the ACL or other laws including consumer guarantee of conformity and acceptable quality.
• Diamonds Factory does not bear any liability arising out of any defects from any design, if any adjustments, alterations or any other modification has been carried out to the products by any third person, who is not authorized by Diamonds Factory. If we are liable, remedies are limited to those under the ACL (e.g. repair, replacement, price reduction or termination of the agreement) or where permitted, the order amount.
• You must observe and comply with all the applicable regulations and legislations, including all necessary customs, import or other permits to purchase from our website. The importation or exportation of the products displayed on the website may be prohibited by certain national laws. We make no representation and accept no liability in respect of the import or export of the products you purchase. This does not affect your ACL rights for AU deliveries.
• We provide the Website and Products on an "as is" basis, but this does not exclude any implied warranties or guarantees under the ACL, such as that Products are of acceptable quality, fit for purpose, and match their description.
• We reserve the rights to change any information, price or content and improvise the website at any time without any notice.

Nothing in these Terms excludes, restricts, or modifies any guarantees, rights, remedies, or liabilities imposed by the Australian Consumer Law (ACL) or any other applicable law that cannot be excluded by agreement.

Privacy

• Your privacy is important to us. We comply with Privacy Act 1988 and the Australian Privacy Principles.
• By using the Website, you agree to our Privacy Policy, available at diamondsfactory.com.au/privacy-policy, which explains how we collect, use, disclose, and protect your personal information in accordance with the Privacy Act 1988 and the Australian Privacy Principles.
• We may collect personal information (such as name, email, phone, and payment details) when you place an Order, sign up for newsletters, or interact with the Website. This information is used for purposes like processing Orders, marketing (with your consent),customer behaviour analysis and improving services (e.g., order processing, marketing etc.)
• As the company is a subsidiary of Neve Jewels Ltd (UK), we may disclose your personal information to our UK parent company or affiliates for group business operational purposes (e.g., order fulfilment, marketing campaigns data, customer behaviour analysis or customer support).
• You may contact our Data Protection Officer at [email protected]. for queries/complaints.

We take reasonable steps to ensure overseas recipients comply with Australian privacy laws, such as through contractual safeguards. If you do not consent to this, please contact us, but it may limit our ability to provide services. For more details, including how to access, correct, or complain about your personal information, see our Privacy Policy

Collection of Personal Data :

• We may collect personal data, such as name, email address, and phone number, when you fill out a form on the website or sign up for a newsletter.
• This personal data will only be used for the specific purposes as mentioned in the above “Privacy clause” it was collected for, and may be shared with Group Companies for those purposes, subject to our Privacy Policy.
• We are 100% committed to protecting your privacy and security and we totally appreciate and respect how important privacy is. We will strive to ensure that your data is not used for any other than aforementioned by us or by the third parties engaged by us.
• Please refer to our Privacy Policy for full details on how we and Group Companies handle your data in compliance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs), including details on accessing or correcting your data, overseas disclosure (if any, e.g., to our UK parent company), data security measures, and how to make a complaint.

Governing Law

• These Terms and Conditions do not affect your statutory rights.
• If any provision in these terms and conditions is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed and rendered ineffective as far as possible without modifying the remaining provisions and shall not in any way affect any other circumstances of or the validity or enforcement of these terms and conditions.
• These Terms, the Website, and contracts are governed by Australian law. Any dispute not resolved via complaints will be resolved in Australia.
• You may also refer matters to the Australian Competition and Consumer Commission (ACCC) or relevant state fair trading body.

Orders

Orders placed on diamondsfactory.com.au will be subject to acceptance in accordance to the terms and conditions.

• On placing the order and checking out, you are making an offer to accept the goods at the stated price subject to the terms and conditions.
• On acceptance, we will send you an Order Receipt that will have all your order details agreed by you at the time of placing the order. However, such Receipt will not be treated as a binding contract and the order will not be treated as 'accepted' for the following reasons:
  • Payment not authorized;
  • Partial payment pending;
  • Products out of stock;
  • Error on the website with respect the stated price amount;
  • Order being cancelled.
  • Cannot fulfil order

Your contract to purchase is not complete until we send you an e-mail of order confirmation within 5 working days from the date of receipt of order. If your order is not confirmed, any payment made will be refunded promptly.

Order Completion Reminders

By providing your contact information (e.g., email or phone number) during the checkout process or account sign-up, you consent to us sending you limited, non-promotional communications to assist with completing your order. This may include reminders about incomplete or abandoned orders, or any other assistance related to incomplete orders such as cart recovery emails or texts sent within 24-48 hours of the issue. These messages will include details of your items and an easy way to opt out or complete your purchase. You can withdraw consent at any time by [e.g., clicking the unsubscribe link, updating account preferences, or contacting support]. We will not use this information for unrelated marketing without your separate opt-in.

For full details on data handling, see our Privacy Policy.

Once confirmed, the Order is binding, subject to ACL rights.

Delivery And Collection

• We offer free shipping to all customers spending over $200. All our products are individually labelled with specific shipping time given on the product page.
• Free Next Day delivery applies to only those products advertised as "Free Next Day Delivery".
• The free delivery and next day delivery order are subject to availability, stock-levels, and your ACL rights.
• As a made-to-order company, most of our products are subject to a manufacturing time. This is normally between 2-3 working weeks, and 3-4 working weeks if your item is bespoke.
• Last Chance applies only to products featured in the ‘Last Chance’ category which are subject to ACL rights.
• For Products which are marked as ‘Last Chance’ will be delivered within 3-5 working days.
• All the efforts will be made to dispatch and deliver the products within the stipulated timescale; however, delays could be inevitable due to unforeseen circumstances.
• If a delay in your delivery should occur, we will keep you updated on your order status and provide a new delivery date.
• We are not liable for losses from delays/cancellation unless, it has occurred due to our breach. This does not affect ACL rights.
• Any item purchased with an option of in-store pick up by the customer, has to be collected within 90 days from when it arrives in-store. Any order not collected within 90 days will be automatically cancelled and subject to a reasonable 30% restocking fee of the full order value, representing our actual costs incurred. Restocking fee reflects costs, although it will be waived if it's due to our fault.

Pricing And Payment

• We take the payment at the time the order is placed; the merchant bank for security purposes will verify the card details.
• We accept all major credit cards and debit cards like Master Card, Maestro, Visa, Switch and Delta. You can also place an order over the phone by calling on our toll free number 02 9037 3839.
• The prices shown are inclusive of GST, Packaging.
• Products are not shipped until and unless complete payment is received for the order placed.

Anti-Money Laundering Compliance:

Under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth), for any cash payment (including banknotes or cash equivalents) of AUD 10,000 or more in a single transaction or a series of linked transactions, we are required to verify your identity before completing the purchase. This applies to in-store purchases at any Diamonds Factory Australia location and to online orders where cash payment is arranged (e.g., cash on delivery or in-store cash collection).

You must present a valid government-issued photo identification, such as:

• Australian driver’s licence
• Passport
• Proof of Age card

• Medicare card (with photo ID)

  We may also request proof of address (e.g., a recent utility bill or bank statement) if required for enhanced due diligence.

  Your personal information will be collected and stored securely solely for AML/CTF compliance purposes. It will be handled in accordance with our Privacy Policy and the Australian Privacy Principles (APPs), including:

• Retention for 7 years after the transaction (as required by AUSTRAC);
• Secure storage with encryption and access controls;
• No use for marketing unless you provide separate consent; and
• Possible disclosure to AUSTRAC (Australian Transaction Reports and Analysis Centre) or law enforcement if required.

We may also disclose your information to our UK parent company for group-wide compliance reporting, as disclosed in our Privacy Policy (APP 8 – overseas disclosure).

If you do not provide valid identification, we reserve the right to decline the transaction. This does not affect your statutory rights under the Australian Consumer Law (ACL).

For questions about this process or your privacy rights, contact our Privacy Officer at [email protected]..

You can also contact AUSTRAC at www.austrac.gov.au or the Office of the Australian Information Commissioner (OAIC) at www.oaic.gov.au.

Sale

20% off all made-to-order product. Offer is not valid for loose diamonds. Product exclusions may apply. Offer is valid online and in-store in Australia and New Zealand. To redeem, enter code SALE20 at checkout or FLASH55 for last-chance items. This offer expires at 11.59pm 22nd October 2026. The 20% discount is off the ordinary selling price at which products were offered for a reasonable period prior to the sale. The offer cannot be combined with any other promotion or discount code, and cannot be applied retroactively.

Offer is valid while supplies last. Void where prohibited or restricted. Void if sold, exchanged, copied or transferred. The offer terms and conditions are subject to change at any time without prior notice.

Exchange will be offered at the same price of the purchase or higher. Our full refund policy applies to the rest of the orders, subject to statutory consumer guarantees in Australia and New Zealand. We are happy to exchange your ring for another size as per our return policy. Should you opt for an exchange, your new ring may contain fewer or more diamonds or a reduction or increase in precious metal weight which may cause an increase or decrease in the price. The promotion remains applicable to the size change for 30 days. Discount cannot be redeemed for cash. No correspondence will be entertained regarding this promotion or these Terms and Conditions.

Price Match offer Terms & Conditions

At Neve Jewels, we’re committed to offering our customers the best possible value. Our price match policy ensures you can shop with confidence, knowing you’re getting a fair price for a comparable product.

1. Eligibility Criteria
   • We will price match any comparable product offered by a retailer that operates both online and has a physical retail presence.
   • We do not price match against Ebay, Amazon, marketplace platforms, or private sales.
2. What Qualifies as a Comparable Product
   • Certified Natural Diamonds:

     We will match any natural diamond that has a valid certificate number (engraved on the girdle).

   • All Other Products:

     To qualify, specifications will need to match exactly, and clear evidence and links are required to verify price match i.e., design, gemstone, weight, colour, clarity, cut grade, stone shape, and metal type.

3. Price Match Conditions
   • The competitor’s price must be the full, regular retail price.
     • Discounted, promotional, clearance, or sale items are not eligible.
   • The price must be publicly visible and verifiable (a link or official quotation is required).
   • Prices must be in the same currency.
4. Exclusions

   We will not price match:

   • Retailers in administration, liquidation, or outlet stores.
   • Transactions using Interest-Free Finance, Amex, or corporate cards.
5. Process & Discretion
   • All in-store price matches need to be approved by the manager.
   • Fast-track production may not be available on price-matched orders.
   • No other promotional codes or discounts may be applied in conjunction with a price match.
   • Neve Jewels reserves the right to refuse a price match based on objective criteria listed above.
6. Time Frame & Accuracy
   • Once a price is verified and matched, it will be honoured for 24 hours.
   • This guarantee applies only before purchase. If you’ve already bought a product, our standard 30-day return policy still applies.
   • The guarantee does not apply in the event of pricing or typographical errors by either party.
7. General
   • This does not affect your rights under applicable ACL.
   • Promotions and offers may be updated or extended at our discretion. Please refer to the website for current terms.
   • These offers are subject to availability and do not affect your statutory rights under the ACL.

Returns And Refunds

The customer is only eligible for Returns and Refunds if he or she fulfills the following conditions:

• If a Product has a major failure (e.g., unsafe, significantly different from description, or unfit for purpose), you are entitled to a refund, replacement, or compensation. For minor failures, we may choose to repair or replace. These rights apply regardless of our returns policy and have no strict time limit, provided you notify us within a reasonable time.
• We offer a 30-day returns policy for unworn, pristine Products with tags (excluding engraved, bespoke, or resized items). Refunds exclude delivery costs unless due to our error.
• Products bought via distance sales can be returned within 14 days. You may notify us to cancel the order. (Exclusion- Personalised products).
• Our 30 days return policy supplements your 14 days withdrawal rights under ACL
• Inspect Products upon receipt and notify us of any issues within 30 days for prompt resolution. For manufacturing faults, we will repair, replace, or refund at no cost, per ACL. Lost or fallen diamonds due to wear are not covered, but we recommend insurance. This does not limit ACL guarantees for quality.
• At your cost unless faulty; insure packages, as we are not liable for loss in transit unless caused by the negligence of the company.
• Any diamond fallen out of the ring or lost will not be covered under our return policy and no replacement will be guaranteed unless due to a manufacturing fault covered by ACL consumer guarantees. Our advice to you is to inspect your item as soon as it arrives, and notify the company for any defect or damage, if you find any issues please contact us on 09-950 8742.

The jewellery sold at discount prices cannot be replaced at same discounted price.

The delivery costs for returning the product will be customer's sole responsibility and will only be refundable in the event that there is a manufacturing fault with the product.

Note: Please insure the package for the full amount of the purchase when returning your product. The Company is not responsible for damage or lost package during shipment unless caused by our negligence.

Consumer guarantees apply for reasonable time. Your ACL rights are not affected by our commercial warranty.

Damaged and Used items

• You must check the products as soon as you receive the same, with regards to any fault or damage. Kindly notify the same as soon as possible (We recommend within 30 days for convenience, but ACL rights apply beyond this if reasonable) from the date of delivery and we shall arrange for replacement, repair, or refund as appropriate under the ACL. However, failing to do so within 30 working days will not be acceptable for any refunds.
• Returned merchandise must be undamaged and in "new and unused condition" for change of mind returns. Items showing obvious signs of wear or alteration by a jeweller other than the company will not be accepted for change of mind, but ACL remedies apply for faults regardless of condition if not caused by misuse.
• Every product comes with a bar coded security tag which needs to be intact, breaking this tag will void your 30 Days returns.
• Items sent to our office without secure packaging and shipped beyond the 30-day return period, will not be eligible for change of mind refunds, but ACL rights for faults still apply.
• All earrings must be returned unworn to be eligible for an exchange.

Ring Resizing

Resizing is an additional service and does not limit your ACL rights.

Getting the size of your ring right can be a complicated matter. We offer resizing options except Full Eternity Rings and hollow plated rings, depending on your ring type and complexity. Worn items can be resized except full eternity rings. Refer below for the resizing process and additional information. Our team is always available to help if you have any questions regarding the size of your ring. Also, resizing is an additional service and does not affect your ACL rights for faulty Products. Our team will assess the feasibility before confirming the costs and you will be notified in advance.

Engagement and Diamond Rings :

For plain bands, non-diamond or non-gemstone set rings, we offer complimentary resizing up to 2 sizes up or down within 30 days after reception of the item.

For diamond-set or gemstone-set engagement rings (including custom-made rings), items must be assessed in order to ensure whether they can be resized, or whether they need to be remade. In both cases within 30 days resizing will be complimentary up to 2 sizes up and down, anything above 2 sizes will incur a minimum charge of $139.

Eternity Rings:

Full eternity rings: Due to the nature of the setting, full eternity rings cannot be resized and must be replaced within 30 days of receipt. This price will depend on the cost difference between sizes with a minimum charge of $139. Please contact our team to discuss alternative options for your ring.

Half & ¾ eternity rings: Due to the nature of the setting, all half and ¾ eternity rings must be assessed in order to ensure whether they can be resized or whether they will need to be remade for which costs will apply. This price will depend on the cost difference between sizes with a minimum charge of $139.

Wedding Rings:

For plain bands, non-diamond or non-gemstone set wedding rings, we offer complimentary resizing up to 2 sizes up or down within 30 days after receipt of the items. For resizing exceeding two sizes, we charge a fee of $139. All rings will be assessed by our team prior to confirming the price.

Diamond-set or gemstone-set wedding rings must be inspected prior to resizing to ensure that the nature of the setting will allow a resizing.

Custom-made Rings:

We offer complimentary resizing for up to two sizes up or down within 30 days of receipt provided that a resizing is possible. For a resizing exceeding 2 sizes we charge a fee of $139.

Upon receiving your request, our team will assess if the resizing is possible and discuss it with you. Depending on the complexity of your ring, the resizing may result in additional costs that shall be borne by you. This also applies if the ring has to be made anew from scratch if it cannot be resized as desired. You will be informed about any additional costs in advance. It will then be clarified whether the size change should be carried out.

Nothing in these Terms excludes, restricts, or modifies any rights under the Australian Consumer Law (ACL).

Mobile Message Service Teams and Conditions

• The Diamonds Factory mobile message service (the "Service") is operated by the company. Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”).
• We may modify or cancel the Service or any of its features without notice, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
• We and the group companies will only send SMS/text messages with your express consent or where we have inferred consent under the Spam Act 2003 (Cth). By opting in to the Company’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of the Company add the subsidiaries and agents here through your wireless provider to the mobile number you provided.
• We and group companies comply with the Spam Act 2003 (Cth), including identifying ourselves as the sender in every message and providing a functional unsubscribe facility.
• By consenting to The Diamonds Factory’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Diamonds Factory through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list.
• We and our related companies (including our UK parent company) will process your phone number in accordance with the Australian Privacy Principles (APPs). Your data will not be used for marketing without consent and may be disclosed overseas (e.g., to our UK team) as outlined in our Privacy Policy.
• You are solely responsible for all charges and fees associated with SMS/text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply.
• You may opt-out of the Service anytime by texting STOP to in reply to one of our branded texts or clicking the unsubscribe (‘OPT OUT’) link. You'll receive a one-time opt-out confirmation text message. We will process opt-outs immediately and send a confirmation message. No further messages will be sent to your mobile device, unless initiated by you.
• We may change any short code or telephone number we use to operate the Service at any time. Any messages, including STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages. To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
• SMS messages are subject to our Privacy Policy. We comply with the Spam Act 2003

Complaints and disputes

We will investigate and respond within [e.g., 14 days]. For privacy complaints, see our Privacy Policy. You can also contact the ACCC (accc.gov.au) or OAIC (oaic.gov.au).

Force Majeure

We are not liable for delays or failures due to events beyond our reasonable control (e.g., natural disasters, strikes), but we will notify you and mitigate impacts. This does not affect your ACL rights

Severability

If any provision is invalid or unenforceable, it will be severed without affecting the rest of these Terms.