In this agreement:

“Carrier” means any content in any form published on Our Website by us or any third party with our consent.

“Our Website” means any website of ours and includes all web pages controlled by us.

“Post” means display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on to Our Website, and the phrases "Posted" and "Posting" is to be interpreted accordingly.

In this agreement unless the context otherwise requires:

• A reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation.
• Any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing
• Except where stated otherwise, any obligation of any person arising from this agreement may be performed by any other person.
• In this agreement references to a party include references to a person to whom those rights and obligations are transferred or passed as a result of a merger, reconstruction or other re-organisation involving that party.
• The headings to the paragraphs and schedules (if any) to this agreement are not to affect the interpretation.
• A reference to an act or regulation includes a modification, re-enactment of or substitution for it and a regulation of a statutory instrument issued under it.
• In any indemnity, a reference to costs or expenses is to be construed as including the estimated cost of management time of the indemnified party.
• These terms and conditions apply to you as a visitor to Our Website.
• This agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version will prevail.
• "JIMACO", "we", "us" and "our" are a reference to Jewellery Industry Management Agency Company Ltd ABN 22 005 524 863 and “Showcase Jewellers” means the jewellery buying group managed by JIMACO and "you" and "your" are reference to the person accessing or using this website.

• This agreement contains the entire agreement between the parties.
• You acknowledge that, in entering into this agreement, that you do not rely on any representation, warranty, information or document or other term not forming part of this agreement.
• If you use Our Website in any way and/or place an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.

• Your order is an offer to buy from us. Nothing said or done by us is an acceptance of an order until we confirm acceptance in writing (or by email confirmation), referring to the order.
• If we do not have all of the Goods you order in stock, we will offer you alternatives. If this happens you may:
• Accept the alternatives we offer;
• Cancel all or part of your order.

• The Price is as set out in the order confirmation, set in accordance with clause 4.1 above.
• It is possible that the price payable for particular Goods may have increased from that posted on Our Website. If that happens, we will not despatch the Goods until you have confirmed that you wish to buy at the new price. No Goods will be shipped or despatched until payment for the Goods has been received in full.
• Prices include goods and services tax ("GST").
• If the item you order is available in parts, you must pay us the full price of your order before we will send any part of it.
• Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than Australian dollar will be borne by you.
• Any information given by us in relation to exchange rates are approximate only and may vary from time to time.
• If, by mistake, we have under-priced Goods, we will not be liable to supply those Goods to you at the stated price, provided that we notify you before we dispatch them to you.
• The price of the Goods does not include the delivery charge which will be charged at the rates applicable at the date you place your order and which will be displayed on a page of Our Website before we ask you to pay.
• If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 45 days from the date when we accept that repayment is due.

• Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
• We do not keep your contact information, nor your purchasing history, or card details. For more information about how your information will be used or not used, refer to https://www.paymentexpress.com/.
• We have no control over the storage of your personal details and are not liable for any misuse, theft or any usage of such information.

• Subject to payment having been made and received in full, Goods can be expected to be delivered within 30 days from the day you place your order to purchase the Goods and make payment for those Goods.
• Deliveries will be made by the Carrier to the address stipulated in your order. You must ensure that someone is present to accept the delivery.
• If we are not able to deliver your Goods within 30 days of the date of your order, we shall notify you by e-mail to arrange another date for delivery.
• We may deliver the Goods in instalments if they are not all available at the same time for delivery.
• All Goods must be signed for on delivery by an adult aged 18 years or over. If no one of that age is at the address when the delivery is attempted the Goods may be retained by the driver. When your Goods arrive, it is important that you check immediately the condition and quantity. If your Goods have been damaged in transit, you must refuse the delivery and immediately contact us so that we may dispatch a replacement quickly and minimise your inconvenience. Signing ?Unchecked?, ?Not Checked? or similar is not acceptable.
• If the package is not signed for, the liability over the item transfers to you. We are not responsible or liable for the security, damage or theft of the item after this time. It is your responsibility to pick up the item or arrange for it to be sent to you again at your own cost.
• We will send you a message by email to tell you when we have despatched your order if you elect to have your Goods sent to your nominated location by post.
• If we agree with you to deliver on a particular day or at a particular time, we will do our best to comply. But no time given is to be treated as contractual. To the maximum extent permitted by law we will not be liable to you for any expense or inconvenience you incur on account of delayed delivery or non-delivery.
• Some Goods will be delivered direct from the manufacturer who will contact you to arrange delivery. When delivery of the Goods has been arranged directly with the manufacturer, you will be subject to the manufacturer?s delivery policy and we will not, in any circumstance be liable to you for any delivery related issue or complaint.
• Some Goods are so large and heavy that delivery times may be slightly longer. In this case, approximate delivery dates will be given when you place your order.
• Time for delivery specified on the order, if any, is an estimate only and time shall not be of the essence.
• We are happy for you to collect Goods from our shop/ warehouse provided you make an appointment in advance and payment has been received into our bank. Payment in the form of a cheque on arrival is not acceptable and will not be accepted. All payment must be made via the online payment gateway.
• If you collect Goods from our premises then:
• We will not be able to assist you in loading heavy items;
• Goods are at your risk from the moment they are collected by you or your Carrier from our shop / warehouse;
• You agree that you are responsible for everything that happens after you take possession of the Goods, both on and off our premises, including damage to property of any sort, belonging to any person.

• If you are not in the Commonwealth of Australia, we have no knowledge of, and no responsibility for, the tax, duties and other relevant laws in your country.
• You are responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.

These provisions apply in the event that you return any Goods to us for any reason:

Before you return the Goods to us, please carefully re-read any instructions and check the terms of your order acceptance.

The Goods must be returned to us as soon as any defect is discovered but not later than 30 days after purchase, and on condition the defect was notified within 15 days.

Notification must be via email or telephone. The method of return of goods is to be determined by us but at your own risk and cost. A refund will be returned to you upon full satisfaction of requirements set out in clause 9.5 and 10.1.

So far as possible, Goods should be returned:

• With both Goods and all packaging as far as possible in their original condition
• Securely wrapped
• Including our delivery slip; or manufacturers delivery slip
• At your risk and cost.
• In returning faulty Goods please enclose with them a note clearly stating the fault and when it arises or arose.

• Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. If you are entitled to the protections afforded by the Australian Consumer Law you will be entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and failure does not amount to a major failure.

• The law differs from one country to another. This paragraph applies so far as the applicable law allows.
• All the conditions, warranties or other terms implied by the law of any country other than the Commonwealth of Australia are excluded from this agreement to the extent permitted by law.
• We or our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the Goods, at any time and without advance notice.
• You are advised and acknowledge that Content may include inaccuracies or typographical errors. You should bring to our immediate attention, any inaccuracies or typographical errors that you find.
• To the maximum extent permitted by law, we provide this website and related information and services on an “as is” basis and we give no warranty or guarantee and make no representation, express or implied or statutory or otherwise, as to the truth, accuracy or completeness of any Content on Our Website.
• You agree and acknowledge that the existence of any errors, interruptions whether temporarily or permanently, or incompleteness of Our Website will not be a breach of these terms and conditions and we will not be liable to you should Our Website contain errors, or become unavailable, interrupted, or delayed for any reason.
• To the maximum extent permitted by law, we are not and will not be liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website.
• If the limitation of liability clause above is held to be invalid, in whole or in part, then you agree that our maximum aggregate liability to you for all loss, damages, costs and expense (other than for any damage, cost and expense that cannot be limited at law) will not exceed the amount of AUD $1.00.

• You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself.
• If you use Our Website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your account.
• You agree to accept responsibility for all activities that occur under your account or password and use of Our Website. You must tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.

You agree that you will not use or allow anyone else to use Our Website to Post Content which is or may be any one or more of the following:

• Be malicious or defamatory;
• Consist of commercial audio, video or music files;
• Be illegal, obscene, offensive, threatening or violent;
• Be sexually explicit or pornographic;
• Be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
• Give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business;
• Solicit passwords or personal information from anyone;
• to sell any goods or services or for any other commercial use;
• Include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate;
• Link to any of the material specified above, in this paragraph; and
• Send age-inappropriate communications or Content to anyone under the age of 18.

In connection with the restrictions set out immediately below, we may refuse or edit or remove a Posting which does not comply with these terms.
In addition to the restrictions set out above, a Posting must not contain

• Hyperlinks, other than those specifically authorised by us.
• Keywords or words repeated, which are irrelevant to the Content Posted.
• The name, logo or trademark of any organisation other than yours.
• Inaccurate, false, or misleading information.

• For the avoidance of doubt, this paragraph is addressed to any person who comes on to Our Website for any purpose.
• We are under no obligation to monitor or record the activity of person using Our Website for any purpose, nor do we assume any responsibility to monitor Internet-related activities. However, we may do so without notice to you and without giving you a reason.
• If you are offended by any Content, the following procedure applies:
• Your claim or complaint must be submitted to us by by post or email and must not contain no greater that 300 letter characters using contemporary English language.
• We may remove the offending Content as soon as we are reasonably able, provided that we determine the Content is offensive which determination will be in our absolute discretion. After we receive notice of a claim or complaint, we may investigate that claim or complaint so far as we alone decide in our absolute discretion.
• We may or may not, in our absolute discretion re-instate or remove the Content about which you have made a claim or complained.
• In respect of any claim or complaint made by you, whether using our form of complaint or not, you irrevocably grant to us a license to publish the claim or complaint and all ensuing correspondence and communication, without limit.
• You agree that if any claim or complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees and other costs we reasonably incur.

• If you violate Our Website we will take legal action against you.
• You agree that you will not, and will not allow any other person to:
• Modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it;
• Download any part of Our Website, without our express written consent;
• Collect or use any information obtained from or about Our Website or the Content;
• Aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of Our Website; or
• Share with a third party any login credentials to Our Website.

You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:

• Your failure to comply with the laws of Australia applicable to the use Our Website or its Content or any intellectual property rights of any person relevant directly or indirectly to Our Website.
• Your breach of this agreement.
• Any act, neglect or default by any agent, employee, licensee or customer of yours.
• A breach of the intellectual property rights of any person relevant directly or indirectly to Our Website.

• We may defend the intellectual property rights in connection with Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in text, graphics, logos, icons, images, audio clips, digital downloads, data, and software, whether it be sources code or object code or both types of code.
• You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
• You may not use our name or logos or trademarks or any other Content on any website of ours or that of any other person.

• When we communicate with you, wae do so by email.
• If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it will be binding in that changed or reduced form. Subject to that, each provision must be interpreted as severable and will not in any way affect any other of these terms.
• The rights and obligations of the parties set out in this agreement will pass to any permitted successor in title. We will be entitled to assign this agreement to any person of our choosing, and you must not and will not be entitled at all assign the benefit of this agreement unless you have our prior written consent and on terms reasonably acceptable to us
• No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
• All communication to us must be to the following addresses, unless otherwise nominated by us in writing:
• If delivered by hand or sent by pre-paid mail: Level 1, Suites 5 and 6, 550 Princes Highway, Kirrawee NSW 2232, Australia.
• If sent by e-mail: info@passion8diamonds.com
• Any communication to be served on either party by the other shall be delivered by hand or sent by pre-paid mail or by e-mail. It shall be deemed to have been delivered:
• If delivered by hand: on the day of delivery;
• If sent by pre-paid mail to the address nominated in these terms and conditions (or as otherwise nominated by a party): within 72 hours of posting;
• If sent by e-mail to the address nominated in these terms and conditions (or as otherwise nominated by a party): within 24 hours if no notice of non-delivery has been received by the sender.
• In the event of a dispute between us, then we and you undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
• This agreement does not give any right to any third party.
• Neither you nor us will be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond yours or our reasonable control, including any labour dispute between a party and its employees.
• The validity, construction and performance of this agreement shall be governed by the laws of the State of New South Wales.

• This website contains links to other websites ("third party websites"). Those links are provided for convenience only and may not remain current or be maintained.
• We are not responsible for the content or privacy practices of, or on, the third party websites.
• If you access a third party website or service from Our Website, you do so at your own risk and you agree that these terms and conditions do not apply to your use of the third party websites.