1. Agreement

    Painting Diamonds provides services to you under the following terms and conditions ("Terms and Conditions"). When you browse the website, place an order or receive any service from Painting Diamonds, you are agreeing to these Terms and Conditions

    1. Website Use
      1. The Painting Diamonds ("Website") may contain links to other websites operated, controlled, or produced by third parties. Unless indicated, Painting Diamonds does not control, sponsor, endorse or approve any such websites or their content, and does not take responsibility for the websites or their content.
      2. You must ensure that your access to and use of the Website is not prohibited by laws that apply to you.
      3. Painting Diamonds takes no responsibility for any damage from viruses, malicious computer codes and interference's that may arise in connection with your use of the Website.
    2. Pricing and Product Information
      1. Painting Diamonds reserves the right to reject an order if, in its sole opinion, it is unacceptable.
      2. All prices listed on the Website are in Australian Dollars ($), unless otherwise indicated.
      3. All prices listed on the Website are exclusive of Australian Goods and Services Tax (GST) where applicable. Painting Diamonds will issue a compliant tax invoice where appropriate.
      4. We exercise great caution in trying to avoid errors in pricing and product information. If such mistakes occur, we reserve the right to correct them. We apologize in advance for any inconvenience this may cause.
      5. Prices are subject to change without notice.
      6. Prices for items in your order are fixed as soon as your order has been confirmed. Subsequent price changes will not be applied to confirmed orders.
      7. If a discount code is entered at the online checkout, it will apply the discount across the full priced item(s), excludes special order and promotion items such as sale and free shipping promotions. Discount codes apply to advertised paintingdiamonds.com.au or mypaintingdiamonds.com prices only. Discount and promotional codes are not valid in conjunction with any other offer. Limit of one discount code applies per transaction.
      8. By ordering through Website, you agree to pay the delivery charges that are calculated and specified in the order confirmation.
      9. Free shipping offers will be at Painting Diamonds absolute discretion, including the method of delivery.
      10. All dimensions and weights specified are approximate.
      11. Features, information and specifications of products described or depicted on the Website are subject to change without notice.
    3. Orders
      1. Any order submitted by you is an offer by you to purchase goods for the price (plus any delivery fee) as specified at the time you submit your order, based on these Terms and Conditions.
      2. Orders are deemed to be received by Painting Diamonds at the time we send an order confirmation with an order number to your nominated email address.
      3. Each Order (once confirmed) represents a separate agreement.
      4. As an online business, Painting Diamonds will primarily communicate with customers via email. In completing the Order form, you agree to provide complete and accurate personal details to enable the processing and delivery of your Order.
      5. You should check your Order carefully before submitting. Once you submit your Order, cancellations of your Order or changes to the Goods in your Order cannot be made (unless by agreement with Painting Diamonds or otherwise under these Terms and Conditions). However, you can return Goods under the Returns Policy.
      6. Painting Diamonds reserves the right to accept or reject your Order for any reason at any time. This includes circumstances in which the Order requests commercial quantities of Goods.
      7. When we accept an Order, it constitutes an agreement by Painting Diamonds to supply the Goods under these Terms and Conditions.
      8. Painting Diamonds accepts no responsibility for Orders that are declined or not accepted due to disruptions with internet connections.
      9. If we reject an Order, we will notify you of the reason for rejection via email within 5-10 Business Days.
      10. Painting Diamonds will not be liable to you for your loss or that of any third party for the rejection of an Order.
      11. If we reject an Order and your payment for the Goods has already been processed, we will refund any money paid to us in respect of that Order and contact you at your nominated email address.
      12. In the interest of continual improvement, Painting Diamonds reserves the right to, at any time, alter the specification in respect of the Goods without prior notice to the Customer. An alteration does not entitle the Customer to return Products, cancel an Order or otherwise avoid its obligations and liabilities pursuant to these Terms and Conditions.
    4. Payment terms
      1. We accept the following payment methods: Paypal, Visa, MasterCard, AfterPay and Direct Deposit via EFT. The name on the credit card used for the payment must match the name on the Order.
      2. Payment will be processed immediately upon confirmation of your Order.
      3. If your payment cannot be processed, your Order will be rejected under clause 5 and you will be notified of this on the Website. If a credit card payment cannot be processed you should contact your card issuer first to try to resolve the problem, or use an alternative payment method in order to continue with your Order.
      4. All payments made by Customer shall be made without withholding or set-off. All deposits or advanced payments are non-refundable. Time for payment shall be of the essence of this Agreement.
    5. Delivery and Ownership of goods
      1. Painting Diamonds uses Delivery Agents to deliver your Goods. You agree that your details, including your Delivery Address, will be supplied to the Delivery Agent for the purpose of delivering your Goods.
      2. Once an order has been dispatched to the customer, the dispatch service is deemed to have been provided, and in no circumstances is Painting Diamonds then liable to refund the delivery fee paid by the customer. All shipping charges are non-refundable.
      3. Painting Diamonds is not responsible for the delivery and delivery times of the Order once dispatched to the Delivery Agent. Once Goods have been dispatched, the customer is solely responsible for liaising with Australia Post or any other nominated Delivery Agent in relation to date of delivery and to make themselves available to take delivery during business hours or otherwise in accordance with the agent's instructions.
      4. Painting Diamonds is not liable for any loss, damage, cost, expense, or injury you or any third party suffers because of a change in delivery times or a delay in delivery.
      5. The parties acknowledge that Goods may be damaged in transit by the carriers, and in such a case, the customer may contact Painting Diamonds in accordance, however Painting Diamonds is not liable in any way to provide a refund or for any other damage caused thereby or for any corresponding delays.
      6. The date of dispatch listed on the website is the estimated date of dispatch as is reasonably estimated by Painting Diamonds. This date is subject to change without notice. Where scheduled dispatch of a Product is delayed, customers will be notified by email or telephone at the nominated email address or telephone number in their Order. Painting Diamonds does not hold any responsibility for events that may occur, or any other causes, resulting in a delayed dispatch or delivery date.
      7. Risk and title in the Goods passes to you on the date and time of delivery of the Goods to the Delivery Agent.
      8. Unless otherwise agreed in writing, all risk in, and to, the Goods purchased shall pass to the Customer upon delivery to, or collection by, the Customer, its agent or authorised representative.
      9. All deliveries will take place during Business Days. If you are not usually home on Business Days or are unable to accept delivery we suggest: (a) you have the item delivered directly to your place of work or (b) provide special instructions when ordering for a safe delivery place at your home (c) redirect your delivery to another address that works better for you through your Delivery Agent.
      10. Where a Customer gives written authority for Goods to be delivered without a signature, any and all included insurance cover will be voided upon the Goods being left as instructed.
      11. Where a Customer wishes to cancel an Order after it has been dispatched, the delivery fee and return or redirection costs are not refunded and/or are payable by the customer.
      12. The delivery of Goods by third party carriers includes only delivery to ground floor and/or the front door by a single delivery driver. The service does not include carrying items inside, upstairs, in elevators, placement, assembly, removal of wrapping or the like. It is at all times the customer's responsibility to arrange for a means to bring Goods inside (or in the case of a return, outside) from (or in the case of a return, to) the front door or grounds floor of residences or buildings.
      13. For all oversized or bulky items the customer is also required to assist (or to arrange for someone to assist) the carrying of the Goods from the delivery vehicle to the front door. The only exception is if the customer has arranged for alternative and/or premium service in advance of dispatch with Painting Diamonds.
      14. If Painting Diamonds is unable to source or deliver the Goods as ordered by you, Painting Diamonds has right to cancel your order and provide you with a refund. Painting Diamonds takes no responsibility for any loss or damage whatsoever in relation to orders that have been cancelled by us.

    6. Refunds and Returns
      1. Other than when a fault is deemed a major fault, Painting Diamonds is not required to provide refunds. No refunds are available for services where goods are not offered.
      2. In order to process a return under these Terms and Conditions, customers must contact Painting Diamonds using the details on the Contact Us page. The customer must then comply with instructions from Painting Diamonds staff.
      3. Returned goods must be returned in their original packaging with all accessories and parts, and must be in a condition suitable for resale. If a returned item is found not to be re-sellable by Painting Diamonds at its absolute discretion, Painting Diamonds reserves the right to refund or offer store credits of 50% or less of the product price paid by the customer.
      4. Painting Diamonds takes no responsibility for items lost in transit. If the customer arranges to return the products themselves, it is their sole responsibility to ensure that products are returned safely and in the aforementioned re-sellable condition.
      5. Painting Diamonds considers that an item that has been damaged in transit, or contains a fault that is unique to the actual item sent to the customer, and therefore would not be expected to be a fault existing in a replacement, not to be a major fault in any circumstances notwithstanding the extent of said damage.
    7. Warranties
      1. Our goods come with guaranteed 5 month warranty. If deemed applicable by Painting Diamonds you may be entitled to a replacement or refund for a major failure or any other reasonably unforeseeable loss or damage.
      2. Painting Diamonds warrants each product to be free from defects in material and workmanship for the period of the warranty.
      3. The product warranty does not cover:
        1. Normal wear and tear of the product
        2. Damage resulting from abnormal use or abuse
        3. Damage resulting from placing the product in inappropriate locations.
        4. Damage resulting from inadequate maintenance
        5. Products which have been altered from their original form
        6. Damage caused by mishandling or loss by third party services ie; Delivery Agent.
      4. Painting Diamonds is only liable to provide warranty services as outlined if the customer complies Terms and Conditions outlined. Without an adequate description, proof of purchase and images, Painting Diamonds will not be able to sufficiently investigate, solve the problem or deem it applicable for providing warranty services.
    8. Liability
      1. To the extent permitted by law we will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise; and our maximum aggregate liability for any Product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.
      2. For the avoidance of doubt, nothing in this clause limits or restricts your ability to make a claim that may be available to you for our failure to comply with a guarantee under the Australian Consumer Law.
      3. In relation to the guarantees that cannot be excluded under the Competition and Consumer Act 2010 (Cth) (CCA), the Customer is entitled to a replacement or a refund for major failure and compensation for any other reasonably foreseeable loss or damage. However, Painting Diamonds is not liable for loss or damage that results from its failure to comply with these guarantees if that failure was caused independent of human control and occurred after the Goods left our control.

    9. Intellectual Property

    The materials displayed on this website, including all photographs, illustrations, editorial materials, information, artwork, and names, logos and trademarks are the property of Painting Diamonds and are protected by copyright, trademark and other intellectual property laws. You agree not to reproduce, distribute, sell, publish, broadcast or circulate any such material to any third party without the prior written consent of Painting Diamonds.

    1. Indemnity
      1. Painting Diamonds, its contractors, agents, or employees disclaim liability for any damages whatsoever (including special, indirect or consequential) arising out of or in connection with the performance or use of the Website whether in contract, at common law or in equity, or on any other basis.
      2. You agree to indemnify and to keep indemnified and hold harmless from and against any and all claims, loss, damage, taxes, liability and/or expense that may be incurred by Painting Diamonds arising out of or in connection with your use of the Website and the use of any Painting Diamonds products outside the manufacturer's specifications.
    2. Privacy
      1. Personal Information, such as your contact details, that you provide to us during the order process will be kept and used by us for the purpose of processing your order; marketing, supplying, or delivering our products to you; and carrying out repair work (in and/or out of warranty periods).
      2. Painting Diamonds is committed to protecting your privacy and personal information because of our legal and ethical commitment to comply with relevant laws. Most importantly, we know that you care about how your personal information may be used and shared. Painting Diamonds will not sell, rent, share, or otherwise disclose your personal information in violation of these commitments.
      3. While dealing with our customers, we may collect and retain the following types of information:
        1. Information about roles, means of communication with, and personal attributes of employees and other representatives of corporations we deal with, which may be collected incidentally in the process of dealing with them.
        2. Information about persons who are customers or prospective customers that is provided to us by those persons; or information obtained from public sources such as magazines and newspapers.
      4. The information outlined above may be held in electronic records and hard copy, permitting lawful access only by those company employees and contractors who need access to perform their functions.
      5. We may occasionally employ other agencies, companies and individuals to perform functions on our behalf e.g. a third party Delivery Agent. In such cases we may disclose personal information to enable these companies and individuals to fulfil their function.
      6. In accordance with the National Privacy Principles in the Privacy Act 1988, you are able to request access to your personal information. If so, please contact us using the details on our Contact Us page for further details of the process and administration fee.
    3. General
      1. Painting Diamonds reserves the right at all times to make changes to these Terms and Conditions. Any variations to these Terms and Conditions will take effect from posting on the Website. The Terms and Conditions which apply at the time of order are those that govern your relationship with Painting Diamonds with respect to that order.
      2. Any provision of these Terms that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms or affect the validity or enforceability of that provision in any other jurisdiction.
      3. A failure or delay by Painting Diamonds to exercise a power or right under these Terms does not constitute as a waiver of that power or right, and the exercise of a power or right by Painting Diamonds does not preclude its future exercise or the exercise of any power or right.
      4. The laws of Victoria, Australia, govern this agreement.