Terms and Conditions
In these conditions unless the context otherwise requires:
- Company means Diamond Wholesalers Direct Limited
- Buyer means the person, or company buying the goods from the Company.
- Products and/or services mean the products and/or services being purchased by the Buyer from the Company.
- Contract means the contract between the Company and the Buyer for the purchase of the goods.
- Date of the contract means where the contract arises from a quotation given by the Company,
- the date of acceptance of the order by the Company; or
- Where the contract arises from a quotation given by the Company, the date upon written notification of acceptance of the quotation is received by the Company.
- Contract price means the price of goods as agreed between the Buyer and the Company.
- Person includes a corporation, association, firm, company, partnership or individual. Quotation shall mean price on offer for a fixed term. Manager is the companies appointed decision maker.
The Buyer may request a Quotation from the Company setting out the price and quantity of the Goods to be supplied. If the Quotation is acceptable to the Buyer, the Buyer may place an order within an acceptable timeframe.
If any instruction is received by the Company from the Buyer for the supply of products and/or services by whatever means, it shall constitute acceptance of the terms and conditions contained herein. Upon acceptance of these terms and conditions by the Buyer, the terms and conditions are definitive and binding.
4. Terms and Conditions
These terms and conditions and any subsequent terms and conditions issued by the Company shall apply to all orders for the goods and the services made by the Buyer after the date and time at which these conditions are first delivered or sent by email or facsimile to, or otherwise brought to the notice of, any employee, staff member or representative of the Buyer. It shall be the Buyer’s responsibility to ensure that these conditions are promptly brought to the attention of the appropriate staff of the Buyer, and accordingly any order made by the Buyer after the date and time described above in this clause shall be deemed to be an acceptance of these conditions.
- The Price shall be as indicated on invoices provided by the Company to the Buyer in respect of products and/ or services supplied; or
- The Price shall be the Price of the Company’s current Price at the date of delivery of any goods and be in New Zealand Dollars and subject to GST.
- Any items exported directly from the Company will be zero rated for GST. International buyers may incur import charges in their country and these charges is solely the clients responsibility and is not included in our ordered invoice.
- Time for payment for the products and/or services shall be of the essence and will be stated on the invoice, quotation, work authorisation form or any other work commencement forms. If no time is stated then payment shall be due immediately goods are ready for shipment and prior to despatch of goods.
- Payment shall only be acknowledged upon cleared funds being received. Any payments that require a clearance period will not be acknowledged until that period has lapsed.
- The Buyer agrees that the cost Price shall be determined by the Company, and shall take into consideration “one-off” costs such as design and production of any one off items.
- The Company reserves the right to implement a surcharge for alterations to specifications of products after the order has been placed.
- The Company reserves the right to change the prices at any time without notice.
Payment options for
- New Zealand Clients:
- Direct Bank payment
- Overseas Clients:
- Direct Bank payment
- Telegraphic Transfer
- Bank Draft
6. Payment, Late Payment, Default of Payment and Consequences of Default of Payment
- The method of payment will be made by cash, or by cheque, or by bank cheque, or by direct credit, or by any other method as agreed to between the Buyer and the Company.
- Late payment shall incur interest at the rate of Bank of New Zealand overdraft interest rate – be aware the average interest range is from 10% to 20%, but can vary depending on industry] per annum calculated on a daily basis. This shall be payable on any monies outstanding under the Contract from the date payment was due until the date payment is received by the Company, but without prejudice to the Company’s other rights or remedies in respect of the Buyer’s default in failing to make payment on the due date.
- Without prejudice to any other remedies the Company may have, if at any time the Buyer is in breach of any obligation (including those relating to payment), the Company may suspend or terminate the supply of Goods to the Buyer and any of its other obligations under the terms and conditions. The Company will not be liable to the Buyer for any loss or damage the Buyer suffers because the Company exercised its rights under this clause.
In the event that:
- any money payable to the Company becomes overdue, or in the Company’s opinion the Buyer will be unable to meet its payments as they fall due; or
- the Buyer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
- a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Buyer or any asset of the Buyer; then without prejudice to the Company’s other remedies at law
- the Company shall be entitled to cancel all or any part of any order of the Buyer that remains unperformed in addition to, and without prejudice to any other remedies; and all amounts owing to the Company shall, whether or not due for payment, immediately become payable.
7. Governing laws
These Terms of Trade will be interpreted in accordance with applicable government legislation, which will have exclusive legal jurisdiction over any dispute in relation to the products and/or services or these Terms of Trade.
8. Dispute resolution
The Company will endeavour to resolve any dispute between the Buyer and itself without the need for Court proceedings. Any such attempt is without legal prejudice.
9. Reservation of title
Ownership and title of the goods remains with The Company until the purchased price and all other monies owing by the Buyer, under the contract or any other contract to The Company, have been paid in full.
10.1 - The Company warrants that it will repair or make good any defects in the goods, if written notice of the claim is received by the Company within seven (7) days from the date the goods were delivered. No claim shall be accepted under such warranty if any attempt to repair the defective goods is made by any person not authorised by the Company, or if the defective goods have been modified or incorrectly stored, maintained or used. If the Company elects to repair or replace any defective goods, such work shall be undertaken at such place as the Company may reasonably specify and the Buyer shall be responsible at its cost and risk for shipment of the defective goods to the place specified.
10.2 - Any goods wrongfully supplied in error must be notified within 3 days of receipt and returned to the company within 7 days of arrival at the buyers address. Goods must be in the original packing and must show no signs of wearing and or tampering, and at the discretion of the company subject to independent verification as to condition or authenticity.
The Company shall not be liable for any loss of any kind whatsoever suffered by the Buyer or any third party as a result of any breach of any of the Company’s obligations under the contract, including any cancellation of the contract or any negligence on the part of the Company, its servants, agents or contractors, nor shall the Company be liable for any loss, damage or injury caused to the Buyer’s servants, agents, contractors, buyers, visitors, tenants, trespassers or other persons. The Buyer shall indemnify the Company against any claim by any such person.
12. Intellectual Property
All information on this website including but not limited to trademarks, company logo, copyrights, texts, graphics, pictures “site materials” are the sole property of the company.
The Company will not accept any claims that are as a result of the site being affected by any virus attacks or any other malware. Any buyer must meet the costs of any attach personally and accept that use of this site is despite that limitation.
The Company has made an effort to ensure the accuracy and completeness of all the information displayed on this site is free from error. The Company does not warrant the accuracy or completeness of the information on this site.
The Company reserves the right to change any format, information, displays and pricing in the Company’s discretion. Your continual use of this website is your acceptance of these changes.
All products on the website are described as accurately as possible and the Company does not warrant that these descriptions are accurate. Where we become aware of such discrepancies we reserve the rights to correct any error or omission.
The company will only take such information as it requires carrying out the transaction and delivery of the goods. Any information held will be subject to our security measures however the company will not be responsible in the event of a cyber hack which results in that information being copied to others. Subject to your requests in accordance with the Privacy Act 1993 any information held on record by the company can be made available to you or deleted upon written request.
15. Returns Policy
If goods that you have received are not the same as the goods that you have ordered, you may return to the company within 30 days of the order date. If you are unsatisfied with your online purchase the company will only be able to give you a credit for the full value of the item purchased, valid up to 3 months. Please contact us firstname.lastname@example.org so that we may assist you with the return or exchange.
Goods will only be accepted for return:
- Provided that the product is returned to the company within 30 days from the date that it was ordered.
- Provided that the goods sent to you are received in its original condition. Please note that the item should not show signs of wear, alterations such as resizing (by a jeweler either than Diamond Wholesalers Direct Ltd) or any damage will not be acceptable for refund. All of the packaging must be returned in its original state including any certificates or jewellery appraisals that may accompany it. Failure to do so will result in a forfeiture of our exchange policy. We would also have to have the item re- appraised in case of any inference with product before the exchange can be made.
Unfortunately we are not able to accept items for return if they have been specially ordered, sized, engraved or altered. All custom made jewellery cannot be refunded or exchanged as it is has been made especially for the client on their approval.