Terms of service
These terms and conditions regulate the business relationship between you and us. By using Our Website in any way, or by buying from us, you agree to be bound by them.
No person under the age of 18 years may purchase Goods. We look forward to seeing you again when you are over 18.
We are: Fifth Avenue Diamond Experts (ABN: 1708444)
Our address is: 5 Hurstmere Road, Takapuna, Auckland 0620 New Zealand
You are: a visitor to our Website / our customer.
1. Definitions In this agreement:
“Carrier” Means any person or business contracted by us to carry Goods from us to you.
“Consumer“ Means any individual who, in connection with this agreement, purchases goods and services for their own personal use.
“Content“ Means any content in any form published on Our Website by us or any third party with our consent.
“Goods“ Means any of the goods we offer for sale on Our Website, or, if the context requires, goods we sell to you.
“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" shall be interpreted accordingly.
- 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.
- These terms and conditions apply to all supplies of Goods by us to any customer. They prevail over any terms proposed by you.
- 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 do not affect the interpretation.
- A reference to an act or regulation includes new law of substantially the same intent as that act or regulation.
- In any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party.
- These terms and conditions apply in any event to you as a buyer or prospective buyer of our Goods and so far as the context allows, 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 shall prevail.
3. The Contract
- This agreement contains the entire agreement between the parties.
- Each party acknowledges that, in entering into this agreement, he or she does 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.
- We do not guarantee that all Goods advertised on Our Website are available. We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order any Goods.
- The price of Goods may be changed by us at any time. We will never change a price so as to affect the price charged to you at the time you buy those Goods.
- If at any time, you buy Goods from us under any arrangement which does not involve payment via Our Website; these terms still apply so far as they can be applied.
- We do not sell the Goods in all countries. We may refuse to deliver the Goods if you live in a country we do not service or sell to. At present, we only sell and deliver to New Zealand and Australia, however, may make arrangements for overseas service and delivery by special request. Please contact us to discuss.
4. Acceptance of your order
- 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.
5. Price and Payment
- 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 New Zealand 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.
6. Payment Security
7. Foreign taxes and duties
- If you are not in New Zealand, 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 that you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.
- 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 New Zealand 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 that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention, any that you find.
- Subject to the guarantees that cannot be excluded under the New Zealand Consumer Law, we give no additional warranty and make no additional representation, express or implied, as to:
- The quality of the Goods;
- Any implied warranty or condition as to merchantability or fitness of the Goods for a particular purpose;
- The correspondence of the Goods with any description;
- The adequacy or appropriateness of the Goods for your purpose;
- The truth of any Content on Our Website;
- Non-infringement of any right.
- We are not 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 or the purchase of Goods.
- Except in the case of liability for personal injury or death, our liability under this contract is limited, to the maximum extent permitted by law, to the value of the Goods you have purchased.
9. Your account with us
- You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods.
- 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. You should 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.
10. Using Our Website
- 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.
- Be used 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.
- Send age-inappropriate communications or Content to anyone under the age of 18.
11. Removal of offensive Content
- For the avoidance of doubt, this paragraph is addressed to any person who comes on Our Website for any purpose.
- We are under no obligation to monitor or record the activity of any customer for any purpose, nor do we assume any responsibility to monitor or police 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 in the form available on Our Website, or contain the same information as that requested in our form. It must be sent to us by post or email.
- We shall remove the offending Content as soon as we are reasonably able.
- After we receive notice of a claim or complaint, we shall investigate so far as we alone decide.
- We may or may not, in our absolute discretion re-instate the Content about which you have complained.
- In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.
- You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.
12. Security of Our Website
- If you violate Our Website we shall 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 product listings, descriptions, or prices.
- 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.
- Share with a third party any login credentials to Our Website;
- Your failure to comply with the law of any country.
- Your breach of this agreement.
- Any act, neglect or default by any agent, employee, licensee or customer of yours.
- A contractual claim arising from your purchase of the Goods using our website.
- A breach of the intellectual property rights of any person.
14. Miscellaneous matters
- When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
- Where we provide Goods without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service.
- 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 shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
- The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
- 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.
- Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail. It shall be deemed to have been delivered:
- If delivered by hand: on the day of delivery;
- If sent by post to the correct address: within 72 hours of posting;
- If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.
- In the event of a dispute between the parties to this agreement, then they 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 party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his 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 New Zealand