Definitions and interpretation

In these terms and conditions:

Business Day means a day on which the trading banks generally are open in Brisbane but excluding Saturdays, Sundays and public holidays;

GST means GST as that term is defined in GST Law or any other applicable sales tax, and any interest, penalties, fines or expenses relating to such GST or any other applicable sales tax;

GST Law means, where the context requires or permits:

for Australian residents, the A New Tax System (Goods and Services Tax) Act 1999 (Cth) and/or associated Commonwealth legislation, regulations and publicly-available rulings; or

for any other location, the applicable Taxes law relating to the provision of goods and services by us to you.

Intellectual Property Rights means all intellectual property rights including all current and future registered and unregistered rights in respect of copyright, designs, circuit layouts, trade marks, know-how, confidential information, patents, inventions and discoveries and all other intellectual property as defined in article 2 of the convention establishing the World Intellectual Property Organisation 1967.

Moral Rights have the meaning given to the term in the Copyright Act 1968 (Cth).

Related Body Corporate has the meaning given to that term in the Corporations Act 2001 (Cth).

Submissions means all comments, feedback, suggestions, photos, e-mail and similar information or materials that you submit to us regarding our goods or services (including this website).

Taxes means any present or future taxes (including sales taxes on goods and/or services such as GST), rates, levies, imposts, duties (including stamp duties), deductions, charges, compulsory loans and withholdings (other than any such taxes on the overall net income of a party) which may be incurred in any jurisdiction and any interest, penalties, fines or expenses relating to any of them;

In these terms and conditions, unless the contrary intention appears:

the expressions "TenSevenSeven", "we", "us" and "our" are a reference to MH Bespoke Diamonds AU Pty Ltd ACN 168 217 392 and "you" and "your" are reference to the person accessing or using this website;

a reference to:

these terms and conditions or another document includes any variation or replacement of it notwithstanding any change in the identity of the parties;

any statute, statutory provision, ordinance, code or other law includes regulations and other statutory instruments under any of them and consolidations, amendments, re-enactments or replacement of any of them;

a person, firm, corporation, association or government body includes any of them;

a person includes the person's successors, executors, administrators, substitutes (including a person who becomes a party by novation) and assigns;

time is the reference to the time in Queensland, Australia unless otherwise specified;

a right includes a benefit, remedy, authority, discretion and power;

the singular includes the plural and vice versa;

words importing a gender include any other gender;

the words ‘including’ or ‘includes’ are deemed to be followed by the words ‘without limitation’;

headings in these terms and conditions are for convenience of reference only and shall not affect the construction or interpretation of these terms and conditions;

if the day on which:

anything, other than a payment, is to be done is not a Business Day, that thing shall be done on the preceding Business Day; and

a payment is to be made is not a Business Day it shall be made on the next Business Day but if the next Business Day falls in the next calendar month it shall be made on the preceding Business Day;

if an act is required to be done on a particular day and the act is done after 5.00pm on that day, it will be deemed to have been done on the following day;

where two or more persons are defined as a party to these terms and conditions that term means each of the persons jointly, each of them severally and any two or more of them jointly;

an agreement, covenant, obligation, representation or warranty on the part of two or more persons binds them jointly and severally and an agreement, covenant, obligation, representation or warranty in favour of two or more persons is for the benefit of them jointly and severally.

Amendments to terms and conditions

We reserve the right to amend these terms and conditions from time to time without notice. Amendments will be effective immediately upon the inclusion of such amendments within the version of these terms and conditions published on this website. Your continued use of the website following such amendment will be deemed your acceptance of and agreement to be bound by the terms and conditions as amended. Each time you use this website, you should review and be aware of the current terms and conditions.

Information provided on this website

While we are committed to providing accurate information to you, we do not warrant that all information is at all times correct, accurate or complete. In some circumstances, information (including prices or descriptions), may inadvertently be inaccurately displayed on this website or elsewhere due to system errors or human errors (for example, typographical errors). Any such inadvertent errors are not binding on us, and may be adjusted by us at any time. Your sole remedy for acting on incorrect information is to cancel the order placed as a result of the incorrect information. If the order has been shipped in these circumstances, you agree to return the product for full credit or refund of the price you paid, or to pay the difference between the incorrect price paid and the correct price subsequently advised to you.

We hold a dynamic and high volume inventory of products. While reasonable efforts are made to ensure that the stock availability published on our website is accurate and up to date, circumstances may arise where a product that is ordered cannot be supplied by us because it is out of stock. If this occurs, we will advise you as soon as possible and provide you with possible options.

Given the variation in computer, phone and tablet screen settings (including colour, size and resolution), products may vary slightly when viewing product photography, including the appearance of size and/or colour of products.

The website contains digital imagery that is a lifelike 3D render of the product you select, based off the inputs selected by you in respect of the metal colour, setting and diamond characteristics (including size and shape). The 3D render is for illustrative purposes only. Due to technological limitations, the diamond depicted in each 3D render is limited to a size of 1, 1.5 and 2 carats only, and the carat size displayed in each 3D render will be the closest of those carat weights to the size of the diamond that you have selected. The final product will therefore differ from the 3D render.

Any information provided by us regarding the origin of natural diamonds is based upon information provided by the supplier of the diamond. While we use reasonable endeavours to ensure that our suppliers adhere to our Code of Business Ethics and Code of Conduct for Suppliers and provide us with accurate origin information, we do not guarantee or warrant the accuracy of the diamond origin information. All representations including representations regarding gemstone origin and recycled content of precious metals are provided to the best of our knowledge and without guarantee or warranty of any kind.

Your account and password

We may provide you with an account login (including a username and password) to verify your identity when you use this website. You must ensure that your account details are complete and accurate when submitted to us, that the information that you have given is true and correct, and you must keep your account details up-to-date. You agree to not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.

Your username and password are personal to you and you must at all times keep your username and password secure and confidential and not disclose them to any third party.

You agree that you are solely responsible for any use of the website by any person using your username and password (including any purchases made via the website). You agree to release and indemnify us in relation to any claims, loss or liability arising out of the unauthorised use of your username or password (including any failure to keep your username or password secure and confidential).

You agree to notify us immediately by email to [email protected] of any unauthorised use of your account or any other breach of security.

Ordering products on this website

This website and the information on it constitute an invitation to treat and not an offer by us to supply products. When you submit an order to purchase products from us, this constitutes an offer from you to buy those products in accordance with these terms and conditions.

Due to the nature of our business, the availability and pricing of products is constantly changing (for example, due to, without limitation, foreign exchanges rates, diamond availability, gold prices, etc.). No warranty or guarantee is made that a product will be available, at any particular price, and we will not be bound to supply any product at any particular price, until we have sent you a ‘confirmation of acceptance’ confirming that we have accepted your order (subject to these terms and conditions, for example regarding inadvertent errors). No contract for the sale and purchase of those products shall be formed between you and us until we accept your order by sending you an acceptance ‘confirmation of acceptance’ (subject always to these terms and conditions in relation to incorrect prices). For clarity, an ‘order confirmation’ is not a ‘confirmation of acceptance’. However, a shipping confirmation may, in accordance with its terms, constitute a ‘confirmation of acceptance’.

We will endeavour to notify you whether we have accepted or rejected your order and, if applicable, to confirm the delivery details for your order within 3 Business Days after receiving your order.

You may submit an order to purchase products from us by completing the order form and submitting the order confirmation on this website. You must provide all required information (including your name and physical address) or we may not be able to process your order.

Price, Taxes, and Payments

The price payable by you for orders accepted by us shall be the price quoted on this website for the relevant Product at the time your order is submitted (subject always to these terms and conditions in relation to incorrect prices), which will include any applicable sales taxes including GST. Except where specifically stated in relation to a particular Product, the prices for the Products are stated on the product webpage and are payable in Australian dollars (AUD) and include GST under Australian Tax Laws. If you are ordering from us using a payment method that uses a different currency (for example, if you are ordering from outside of Australia), your chosen payment method provider will charge an amount at their prevailing exchange rate, and may charge you a foreign exchange fee, at the time of purchase.

You shall pay for your orders by valid credit card, debit card or PayPal™ (or other payment methods made available by us) using the online transactions facilities provided on this website.

If there is a problem with your payment (for example, if your payment card transaction is declined), we may contact you to make alternative payment arrangements. You will be liable for all debt collection costs where you fail to make payment for any order when payment is due.

We may vary any prices on this website at any time without notice to you.

Availability, Cancellation, and Rejection of Orders

All orders are subject to the availability of Products. We may reject or cancel any order due to unavailability of any Product (or any component or material of a Product). If for any reason a Product is not available, we will endeavour to notify the non-availability on this website and may contact you with suggestions for alternative Products or components including diamonds. We may revise the range of Products or components or materials of Products (save and except for where we have confirmed our acceptance of your order) without notice to you.

Where any Product (or component or material of a Product) is listed on this website with an incorrect price or with incorrect information, we reserve the right to reject or cancel your order (regardless of whether you have made payment for that order). You acknowledge and agree that we have no obligation to sell any Product where that Product is listed with an incorrect price or with incorrect information. Where you have already made payment for an order that is subsequently rejected or cancelled by us, we will refund the full amount paid by you in relation to that order.

You may cancel your order any time prior to the time that we send our confirmation of acceptance for that order. Once we have sent our confirmation of acceptance for your order, you may not cancel that order.

Our products are custom made to your specifications

You acknowledge and agree that the components of your Product/s will be ordered, and manufactured, specifically for you pursuant to your order and:

you must pay the full purchase price at time of order;

we will not order the components or undertake any manufacturing until the full purchase price has been paid;

once we have accepted your order, you cannot cancel your order;

we will deliver your Product/s to the address nominated by you in your order, within a reasonable time; and

although we will endeavour to meet any estimated delivery timeframes we tell you where possible, all delivery timeframes are estimates only and we will not be liable for any loss, expense, or other damage caused by any delay in delivery.

TenSevenSeven Care Plan

1.1 Your complimentary TenSevenSeven Care Plan includes two different services during the period of cover:

a ring resize within product sizing guidelines (certain styles are not suitable for sizing and are excluded from this service), once only; and

a yearly service consisting of the following services (dependent upon which of these services are applicable and relevant for your Product):

• rhodium plating (for rhodium plated parts of product only)

• refinishing and polishing

• inspection and cleaning

• prong tightening

• reshape and polish (where the reshape is caused through reasonable wear and tear)

• earring post repair

• clasp repair.

1.2 The following events and/or services are not covered under your complimentary TenSevenSeven Care Plan:

• services not specified above;

• modifications, parts and/or repairs not undertaken or supplied by us or on our behalf;

• except as expressly stated above, cosmetic damage including scratches, peelings, dents, that do not impede the mechanical functionality of the Product;

• re‑shanking of rings;

• incidental or consequential damages;

• damage from accident, abuse, misuse, introduction of foreign objects into the Product, tampering with prongs, unauthorised modifications or alterations, or failure to follow the manufacturer’s instructions;

• damage covered by any other warranty or service plan;

• third party actions (fire, collision, vandalism, theft etc);

• damages from the elements or Acts of God;

• damages from war, invasion or act of foreign enemy, hostilities, civil war, rebellion, riot, strike, labour disturbance, lockout or civil commotion;

• except as expressly stated above, preventative maintenance;

• inclusions in gemstones and diamonds;

• loss of diamonds, gemstones or any other parts of the covered Product;

• any loss other than those expressly stated above;

• accessories used in conjunction with a Product or any damage caused by use of such accessory;

• loss of use during the period the Product is at a services facility or otherwise awaiting parts or materials;

You may only transfer this TenSevenSeven Care Plan to one giftee of the Product, and only where you have not received any payment for that transfer and the transfer occurs within a reasonable time of your purchase (which shall be no longer than six months after the original purchase). You are not able to transfer this TenSevenSeven Care Plan to any other person. This TenSevenSeven Care Plan is not an insurance product.

Your TenSevenSeven Care Plan expires on the earlier of:

the 3 year anniversary of the Product’s purchase; or

the expiration of the Product’s lifetime (which is when the Product is no longer serviceable or repairable, as reasonably determined by us).

To obtain your TenSevenSeven Care Plan services, you will need to post your Product to us. Please contact us by email or telephone to organise.

This document forms a binding legal contract between you, the purchaser, and MH Bespoke Diamonds AU Pty Ltd ACN 168 217 392 (“TenSevenSeven”, "we", "us" and "our"). By purchasing a Product, you understand that it is such a contract and acknowledge that you have the opportunity to read the terms and conditions set forth herein. Your TenSevenSeven Care Plan is not a contract of insurance.

Instructions and to obtain service

To obtain service under your TenSevenSeven Care Plan, you must produce the covered item along with your TenSevenSeven Care Plan and purchase receipt documentation to us. Please contact us by phone or email to organise.

Australian Consumer Law

Our goods and services come with guarantees that cannot be excluded under Australian Consumer Law (“ACL”). For major failures with the service, you are entitled:

to cancel your service contract with us; and

to a refund for the unused portion, or to compensation for its reduced value.

You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done, you are entitled to a refund for the goods and to cancel the contract for the service and to obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

Your TenSevenSeven Care Plan sets out various services offered and provided by TenSevenSeven which are in addition to your legal entitlement under Australian Consumer Law. The services provided under your TenSevenSeven Care Plan in no way limit your existing rights under the ACL.

What is covered by your TenSevenSeven Care Plan?

Please refer to section 1.1 above for information on what is covered by your TenSevenSeven Care Plan.

Your TenSevenSeven Care Plan covers one purchased item only and is not transferable (other than as set out in section 1.3 above). Your TenSevenSeven Care Plan covers parts and labour costs, up to the value of the purchase price of the product covered. Unless you have a valid claim under the ACL, you will need to pay for any parts or service costs that go beyond the value of the purchase price of the covered product. A TenSevenSeven representative will inform you of such costs before undertaking any such services.

What is not covered by the Plan?

Please refer to section 1.2 above for information on what is not covered by your TenSevenSeven Care Plan.

The limitations of your TenSevenSeven Care Plan above are not intended to limit your rights under the ACL.

Limit of Liability

Without limiting our liability under the ACL, our total aggregate liability under your TenSevenSeven Care Plan is the purchase price paid for the product covered. In the event that the total aggregate value of all services provided under your TenSevenSeven Care Plan is equal to or exceeds the purchase price of the product, or the original product is replaced with another of equal or greater retail value in circumstances which would not be an ACL claim, all obligations under your TenSevenSeven Care Plan are deemed to be satisfied.

10 Year Limited Warranty

In addition to your rights under the Australian Consumer Law, we offer a 10 Year Limited Warranty from the date of purchase against defects in material and/or workmanship on all of the Products that we sell.

The 10 Year Limited Warranty comes complimentary with every Product and is provided to you, the purchaser.

In order to maintain your Product’s eligibility for the 10 Year Limited Warranty, you must:

submit the Product to TenSevenSeven for inspection at intervals no greater than each 12 months for the duration of the 10 Year Limited Warranty. For clarity, during the first 3 years of the 10 Year Limited Warranty, the inspections carried out under the TenSevenSeven Care Plan will also be deemed to be inspections carried out under this provision; and

undertake any maintenance or repairs recommended by TenSevenSeven within a reasonable time of such inspection occurring.

Failure to submit the Product for inspection for a period of more than 12 months following the prior inspection (or following purchase, in respect of the first such inspection), or failure to undertake recommended maintenance within a reasonable time, will void the 10 Year Limited Warranty permanently.

The following events and/or services are not covered by the 10 Year Limited Warranty:

general wear and tear of the Product;

loss or damage resulting from the wearing down of claws;

damage from accident, abuse, misuse, introduction of foreign objects into the Product, tampering with prongs or claws, unauthorised modifications or alterations, or failure to follow the manufacturer’s instructions;

loss or damage resulting from not carrying out any service we recommend to you during any assessment or provision of TenSevenSeven Care Plan services;

incidental or consequential damages;

modifications, parts and/or repairs not undertaken or supplied by us or on our behalf;

failure to follow any product care guide we provide to you;

third party actions (fire, collision, vandalism, theft, etc);

damages from the elements or acts of God;

preventative maintenance;

replacement of diamond/s due to natural inclusions.

To obtain an assessment and any services under your 10 Year Limited Warranty, please contact us by email or telephone. Where you wish to claim under your 10 Year Limited Warranty, we will inspect and assess your Product and determine, in our sole discretion, the eligibility of the claim under these terms and conditions. Such inspection and assessment may be undertaken by us or by a third party jeweller on our behalf where we elect to do so. Where we determine a claim is eligible, we will undertake the Warranty services within a reasonable time.

You may only transfer this 10 Year Limited Warranty to one giftee of the Product where you have not received any payment for that transfer and the transfer occurs within a reasonable time of your purchase (which shall be no longer than six months after the original purchase). You are not able to transfer this 10 Year Limited Warranty to any other person.

This 10 Year Limited Warranty is not an insurance product.

Your 10 Year Limited Warranty expires on the earlier of:

the 10 year anniversary of the Product’s purchase; or

the expiration of the Product’s lifetime. The Product’s lifetime ends when the Product is no longer serviceable or repairable, as reasonably determined by us.

White gold jewellery is rhodium plated to enhance its appearance. This plating is not permanent and will require further plating to maintain the enhanced appearance. The 10 Year Limited Warranty nor does not cover any further rhodium plating.

The remedies under the 10 Year Limited Warranty are given by TenSevenSeven in addition to, and not in place of, your rights at law, including under the Australian Consumer Law.

Australian Consumer Law

Our goods and services come with guarantees that cannot be excluded under Australian Consumer Law (ACL). For major failures with the service, you are entitled:

to cancel your service contract with us, and

to a refund for the unused portion, or to compensation for its reduced value.

You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done, you are entitled to a refund for the goods and to cancel the contract for the service and to obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

These terms and conditions set out various services offered and provided by us which are in addition to your legal entitlement under Australian Consumer Law. The services provided under these terms and conditions in no way limit your existing rights under the ACL.

Change of Mind Policy

If for any reason you change your mind about your Product, we will gladly refund the purchase price, provided you return the Product within 30 days of delivery and the Product is in As New Condition and accompanied by:

proof of purchase

original packaging

all paperwork (such as diamond certificates).

'As New Condition' means that the Product must not have been worn; the Product must be in pristine condition with no damage, scratches, or signs of wear. Determination of a Product matching the definition of 'As New Condition' is at our sole discretion.

We will pay for the postage and/or shipping costs (including customs and duties costs if applicable) to return your Product to us.

Our Change of Mind Policy is in addition to, and in no way limits, your legal entitlement and existing rights under Australian Consumer Law.

Submissions

You may be able to make Submissions to us from time to time, including providing feedback or Product ratings & reviews on this website. You agree and confirm that each Submission you make is not confidential, and that we have no obligation to treat it as such. Ownership of all Intellectual Property Rights subsisting in each of your Submissions vests in us immediately upon creation. Where such ownership does not immediately vest in us in accordance with the foregoing sentence, by making any Submission you irrevocably assign to us, at no charge, all Intellectual Property Rights subsisting in each Submission.

To the extent permitted by applicable laws, you hereby give complete and genuine consent in writing to us (and our Related Bodies Corporate) to the use of any Submissions for the specified acts in clause 13.3, even if such use would otherwise be an infringement of your Moral Rights.

The specified acts referred to in clause 13.2 are:

modifying and materially altering the style, format, colours, content or layout of any Submission;

reproducing, communicating, adapting, publishing or exhibiting any Submission;

adding any additional content or information to any Submission; and

not attributing authorship in relation to any Submission.

You warrant to us that all Submissions you make are your original work and that no Submissions you make will infringe the Intellectual Property Rights of any other person.

Your Submissions must comply with all of our guidelines and terms for Submissions, including the guidelines and terms available here.

Shipping and delivery

Products purchased from this website are eligible for delivery to addresses in Australia only. From time to time we may also enable delivery to addresses in other selected countries. We use reputable couriers to deliver such Products.

We are an online only business and all shipping is complimentary. We will pay all shipping costs (including any applicable customs and duties) to get your Product to you.

You may specify delivery instructions for your order (for example, you may authorise the courier to leave the order in a specified location if you will not be at the delivery address). We will not be responsible or liable for anything that happens to any order that is delivered in accordance with your delivery instructions. Please provide your correct shipping/delivery information. We will not be responsible for an incorrectly entered delivery address or an address that is not recognised by your local postal service (Australia Post where the delivery address is in Australia). We are unable to redirect orders once dispatched and we cannot refund or replace orders that are tracked and claimed as being delivered and/or signed for by our shipping provider. If your order is shipped back to us because you provided us with incorrect delivery details, you will be responsible for any re‑shipping charges or, if you wish to cancel your order (where you are eligible to do so under our Change of Mind Policy), we will issue a refund to you.

If you need to return your Product to us (such as obtaining services under the TenSevenSeven Care Plan or to return for Change of Mind), we will pay for that shipping (including any applicable customs and duties). Simply get in touch with us via telephone or email and we will arrange this for you.

We retain ownership and title of the Products we supply to you until we have received the full price for the Products and the products have been delivered to you (or has otherwise been delivered in accordance with your delivery instructions). Once your order has been delivered to you (or has otherwise been delivered in accordance with your delivery instructions), as evidenced by confirmation provided to us by the postal courier of our choice used to deliver your goods, you assume full responsibility for and risk in the Products.

Cross-border shipments and deliveries

If a cross-border shipment is required, you will be the “importer of record”.

Cross-border shipments may be subject to opening and inspection by customs authorities. In order to facilitate customs clearance and comply with local laws, we may provide certain order, shipment and product information, such as your title, to our international carriers, and such information may be communicated by shipping service providers to customs authorities. Customs authorities may require us to declare the value of the products you have purchased.

You acknowledge that delays associated with customs clearance procedures may cause our delivery timeframe estimates to be exceeded, and we will in no circumstances be liable for such delay.

If you refuse delivery of your order due to a customs delivery charge then your package will be considered abandoned and will be disposed of by the shipping carrier. If this happens you will not be eligible to cancel or return your order and will be ineligible to receive any refund or credit.

Products Lost in Transit Peace of Mind Policy

Your Product will be delivered by us to you using a reputable third party postal carrier or courier (Postal Service), and is subject to that third party’s terms and conditions. Where you wish to return your Product to us for any reason, we will also arrange for you to use our nominated Postal Service.

In the event a package containing your Product sent via the Postal Service is:

registered received by the Postal Service; and

not delivered to you (or us where you are returning the product to us for any reason) within 21 days of receipt by the Postal Service; and

deemed ‘lost’ by the Postal Service,

your Product will be considered “Lost in Transit”.

Where your Product is Lost in Transit then we will replace your Product with a product of the same custom specifications or as close as possible to it.

You agree and accept that the method of calculating loss, and of compensation for loss, specified above, is reasonable; and that our maximum liability for your Lost in Transit Product is the replacement of that product as specified above.

We do not accept liability for any consequential or indirect loss arising due to, or in respect of, Products Lost in Transit.

Disclaimer in relation to website

You acknowledge and agree that, despite all reasonable precautions on our part, this website is not, and cannot be, guaranteed to be error free, uninterrupted, timely, complete, or secure and acknowledge that the existence of any such errors, interruptions, delays, incompleteness, or security limitations will not be a breach of these terms and conditions. We will not be liable to you should this website or any services supplied through this website contain errors, or become unavailable, interrupted, or delayed for any reason.

To the maximum extent permitted by law, we do not accept responsibility or liability for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this website or any linked website, including any such loss arising out of your use of or reliance on information contained on, or accessed through, this website, or concerning any products or services ordered by you from this website.

If the limitation of liability in this section 17 is held to be invalid in whole or in part, then 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 one Australian dollar (AUD$1.00).

To the maximum extent permitted by law, we provide this website and related information and services on an “as is” basis without any warranties, representations, or guarantees of any kind (whether, express, implied, statutory or otherwise) including, but not limited to, warranties of non-infringement, merchantability, or fitness for a particular purpose.

Intellectual property rights

The materials displayed on this website are protected by copyright and other laws in Australia, and under similar laws and international conventions abroad. You acknowledge and agree that all copyright and other Intellectual Property Rights that may subsist in materials available through or on this website (including text, graphics, illustrations, artwork, photographs, video, music, logos, icons, sound recordings, source code, computer programs, and software) belong to us or to our licensors.

You must not in any form or by any means (except as expressly authorised by the Copyright Act 1968 (Cth) or these terms and conditions):

use, copy, modify, adapt, reproduce, store, distribute, print, display, perform, publish, transmit in any way, or create derivative works from, any material available through or on this website or any part of this website generally; or

commercialise any material available through or on this website, or any information, products or services obtained from any part of this website, except in accordance with this section 18 below, without our prior written permission.

All brand, product, trade, and service names used in this website are the trade marks of us or third parties who have licensed us to use such marks. You are not allowed to use or reproduce any such trade marks in the course of trade, and you may only use such trade marks to access, view, or interact with this website for your own personal and non-commercial purposes.

Unless we agree otherwise in writing, you are provided with access to this website for your personal use, non-commercial use only. You are authorised to print a copy of any information contained on this website for your personal, non-commercial use, unless such printing is expressly prohibited by a notice or other communication on this website. Without limiting the generality of the foregoing, you may not without our prior written permission on-sell or distribute to any other person information obtained from this website.

We retain the full unrestricted rights to all jewellery designs, whether custom or standard, and may choose to market or sell jewellery based on such designs.

General warnings

We may from time to time offer discounts and promotions in respect of our products and services. The specific terms and conditions of those discounts and promotions (Promotional Terms) will be located on a specific location on our website, however, these terms and conditions also apply to those discounts and promotions in addition to any Promotional Terms and in the event of conflict between any term of those Promotional Terms and these terms and conditions then these terms and conditions shall prevail. The provision of any such offers may be removed from this website at any time in our complete discretion.

You must ensure that your access to this website is not illegal or prohibited by laws which apply to you. You agree not to use this website for any purpose that is unlawful or to engage in any conduct that may impair or cause damage to the operation of this website whether by way of a virus, corrupted file or through any other means.

You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system or data.

Although all reasonable care is taken to ensure that photographs appearing on this website reflect as accurately as possible the actual size and presentation of products, you acknowledge that due to the inherent difficulties with photographing items of jewellery, some products may appear larger or smaller than their actual size or may appear a different colour when represented on this website.

Details contained on this website relating to products or services have been prepared in accordance with Australian law and may not satisfy the laws of any other country. We do not warrant that the details on this website concerning those products or services will satisfy the laws of any other country. It is your responsibility to determine whether these details satisfy the laws of the jurisdiction where you reside (if that jurisdiction is outside Australia) and if the details do not satisfy the laws of your jurisdiction, you may not order any products or services from this website.

Linked websites and advertisements

This website may contain links to other websites (linked 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, or associated with, linked websites.

Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, goods or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.

We accept no responsibility for the content of any advertisement appearing on this website (including for any hyperlink to an advertiser’s own website). The inclusion of any advertisement on this website does not constitute a recommendation or endorsement by us of the advertiser’s goods and each advertiser is solely responsible for any representations made in connection with its advertisement.

Hyperlinking

You must not create any hyperlink, hotlink, inline link, or direct link (each a “hyperlink”) to this website (or any file on this website) or embed any page of (or content on) this website on another website (using a frame, iframe, or otherwise) without our prior written permission in each instance. If you would like to create a hyperlink to this website, please contact us at the contact details below. If you do create a hyperlink to this website or embed this website, or any part of this website, in another website, you will do so at your own risk and you will be responsible for all losses (whether direct or indirect) that we may suffer as a result of that hyperlink or embedding and by doing so you agree to indemnify us against all claims arising from, or in connection with, that hyperlink or embedding.

How we handle emails

We may preserve the content of any e-mail you send us for our business purposes, including if we believe we have a legal requirement to do so. Your e-mail message content may be monitored by us including for trouble-shooting or maintenance purposes or if any form of e-mail abuse is suspected.

You consent to receiving communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree to be bound by any agreement reached through electronic communications in terms of the Electronic Transactions Act 1999 (Cth).

You consent to receiving electronic messages and information sent by us (or on our behalf) for any purposes described in our Privacy Policy or otherwise disclosed to you.

Security of information

Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we reasonable steps to preserve the security of such information we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk, and you assume all responsibility and risks arising in relation to your use of this website and the Internet.

Termination of access

Access to this website may be terminated at any time by us without notice. Our disclaimers and limitations and exclusions of liability provided in these terms and conditions will nevertheless survive any such termination.

Governing law

To the extent permitted in your local jurisdiction, these terms and conditions are governed by the laws in force in Queensland, Australia. You agree to submit to the exclusive jurisdiction of the Queensland courts and agree that those courts are a convenient forum in which to resolve any dispute arising in relation to these terms and conditions (and any contracts between you and us which arise through your use of this website).

General

We are not liable for any failure by us to comply with these terms and conditions where such failure is due to circumstance beyond our reasonable control.

If a party waives any rights available to it under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

If any of these terms and conditions, or any part of a particular term or condition, is or are held to be invalid, unenforceable or illegal for any reason, that unenforceable or illegal term or condition (or part thereof) shall be construed in accordance with applicable law to the greatest extent possible to reflect the original intentions of the parties, and the remaining terms and conditions, or the remaining part of a particular term or condition as the case may be, shall nevertheless continue in full force.

These terms and conditions are the complete and exclusive agreement between the parties and supersedes all previous and contemporaneous agreements, proposals and communications with respect to this subject matter.

Privacy and verifications

Our Privacy Policy governs the collection, purpose and use of personal information by us generally.

You acknowledge that we may need to contact you for further verification of your identity or to confirm or discuss any details about your transaction.

The Collection Notification Statement for online purchases of goods or services specifically applies to, and governs, the collection of personal information through our online forms used in connection with online purchases of goods or services.

This Privacy Policy and Collection Notification Statement are compliance documents prescribed by law rather than a legal contract between two or more persons. However, for the purposes of these terms and conditions, you acknowledge and agree that:

you have been provided with access to our Privacy Policy and Collection Notification Statement;

you have read and understood our Privacy Policy and Collection Notification Statement;

you contractually agree to the consents provided by you in the Privacy Policy and Collection Notification Statement; and

nothing in the Privacy Policy and Collection Notification Statement gives rise to contractual obligations on TenSevenSeven (or its Related Bodies Corporate).

Contacting us

Should you wish to contact us with any queries in relation to our Change of Mind or Lost in Transit policy, or wish to arrange return of your Product for any reason (including under the TenSevenSeven Care Plan or Warranty services), please contact us at:

TenSevenSeven

Postal address: 34 Southgate Avenue, Cannon Hill QLD 4170. Australia

Email: [email protected]

Returns Policy

In this Returns Policy, the expressions “TenSevenSeven’, "we", "us" and "our" are a reference to MH Bespoke Diamonds AU Pty Ltd ACN 168 217 392.

When Items can be returned

You may return your Product to us for the following reasons:

if the Product is faulty, in accordance with your rights under the Australian Consumer Law. Depending on the fault we may either repair the Product, replace it, or provide a refund;

for change of mind, subject to the Change of Mind Policy (where eligible) in our General Terms and Conditions.

To initiate a return please contact us via telephone or email. You will need to provide your order number, contact details and reason for return.

Australian Consumer Law

Our goods and services come with guarantees that cannot be excluded under Australian Consumer Law. For major failures with the service, you are entitled:

to cancel your service contract with us; and

to a refund for the unused portion, or to compensation for its reduced value.

You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done, you are entitled to a refund for the goods and to cancel the contract for the service and to obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

Method of return

At this stage, we can only accept returns by post.

We will pay for the postage and/or shipping costs (including customs and duties costs if applicable) to return your Product to us.

Method of refund

We will only refund you the same way that you initially paid for your order. For credit card and PayPal payments, your refund will be credited into the same account your payment originated from. Please be mindful of this if you intend to return a Product given to you as a gift.

Refunds will be made in AUD

Eligible refunds will be made by us in Australian Dollars (“AUD"). Where you made your purchase using a payment method that uses a currency other than AUD, your chosen payment method provider will convert the refund amount to your chosen currency at their prevailing exchange rate and may charge a foreign exchange fee, which may be unfavourable. We are not responsible for any variations in exchange rates, or any difference paid and subsequently refunded to you in your chosen currency.

How quickly we refund

We endeavour to process your refund within 5 business days of receiving the returned Product. However, we may need additional time to conduct any quality assurance assessments. Please note that your financial institution may take additional time to transfer funds back into your account.

Quality assurance assessments

All returns are subject to inspection and assessment by our Quality Assurance team. Your Product may be sent to a third party jeweller for comprehensive assessment in some circumstances.