DCLA Diamond Exchange Terms and Conditions.
Diamonds accompanied by a grading report from the DCLA laboratory can be listed on the Web Site:
Listing diamonds on the Web Site, which are not accompanied by a DCLA certificate, will result in the subscriber being permanently barred from using the Web Site.
NO SYNTHETIC & TREATED DIAMONDS
Only natural, untreated diamonds can be listed on the Web Site.
CONFLICT FREE AND ILLICIT
Only diamonds imported into the country under the Kimberly Process can be listed on the Web Site. Anyone listing stones which are found to be outside of the Kimberly process will be permanently barred from using the Web Site. This Infringement will be reported to the relevant authorities. You guarantee that all stones you list on this website have been imported into the country under the Kimberly Process.
AVAILABLE FOR IMMEDIATE DELIVERY
All diamonds listed on the Web Site must be available for immediate delivery. Listing diamonds which have already been sold or which do not exist will result in the subscriber being permanently barred from using the Web Site.
PRICE AND AVAILABILITY CONFIRMATION
DCLA Diamond Exchange will confirm availability and price of the stone. The seller is liable to supply the quoted goods at the listed price. If the stone is subsequently found to be unavailable, this may result in the subscriber being permanently barred from using the Web Site.
PRICE AND AVAILABILITY
Data, including prices, may be inaccurately displayed on our Site due to system or typographical errors. While we make every attempt to avoid these errors, they may occur. We reserve the right to correct any and all errors when they do occur, and we do not honour inaccurate or erroneous prices. If a product's listed price is lower than its actual price, we will, at our discretion, either contact you for instructions before shipping the product or cancel the order and notify you of such cancellation. If the order has been shipped, you agree to either return the product or pay the difference between the actual and charged prices. Our prices are also subject to change without notice.
Payment for goods ordered, including the transaction fee and shipping charges, must be received by DCLA Diamond Exchange before such goods will be shipped to the buyer.
The buyer is liable for shipping charges of the goods to the buyers specified address. Shipping is charged as per the schedule detailed elsewhere on this website. Shipping to DCLA Diamond Exchange by the seller is for the sellers account.
AGREEMENT BETWEEN USER AND DCLA DIAMOND EXCHANGE
The DCLA Diamond Exchange Web Site is offered to you and conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the DCLA Diamond Exchange Web Site constitutes your agreement to all such terms, conditions, and notices.
DCLA Diamond Exchange reserves the right to change the terms, conditions, and notices under which the trading floor Web Site is offered. You are responsible for regularly reviewing these terms and conditions and additional terms posted on the DCLA Diamond Exchange Web Site. Your continued use of the DCLA Diamond Exchange Web Site constitutes your agreement to all such terms, conditions, and notices.
DCLA Diamond Exchange may modify, suspend, discontinue or expand the extent of the services provided on this site at any time in its absolute discretion.
You acknowledge and agree that:
1. The DCLA Diamond Exchange Web Site and any necessary software used in connection with the Web Site contain proprietary and confidential information that is protected by applicable intellectual property and other laws;
2. The Content contained in sponsor advertisements or information presented to you via the DCLA Diamond Exchange Web Site or third parties such as advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
Except as expressly authorised by DCLA Diamond Exchange or the relevant third parties, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Web Site, in whole or in part.
DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
1. Your use of the DCLA Diamond Exchange Site is at your sole risk.
2. The Site is provided on an "as is" and "as available" basis.
DCLA Diamond Exchange expressly disclaims all warranties of any kind, whether express or implied, including without limitation all implied warranties of merchantability, fitness for a particular purpose and non-infringement. DCLA Diamond Exchange makes no warranty that:
1. The Site will meet your requirements;
2. The Site will be uninterrupted, timely, secure, or error-free;
3. The results that may be obtained from the use of the DCLA Diamond Exchange Web Site will be accurate or reliable;
4. the quality of any products, services, information, or other material purchased or obtained by you through the DCLA Diamond Exchange Web Site will meet your expectations; and
5. Any errors in the DCLA Diamond Exchange Web Site will be corrected.
LIMITATION OF LIABILITY
You understand and agree that DCLA Diamond Exchange, its related corporations and the employees and agents of each is not liable for any damages, economic or other loss or damage whether direct, indirect, incidental, special, consequential or exemplary and even if DCLA Diamond Exchange has been advised of the possibility of such damages, arising out of any breach of any implied or express term, condition or warranty or suffered as a result of the negligence of any of them (including without limitation loss of profits, goodwill, use, data or other intangible losses) or in respect of:
1. The use of, or the inability to use the DCLA Diamond Exchange Web Site.
2. The cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into via or from the DCLA Diamond Exchange Web Site.
3. Unauthorised access to or alteration of your transmissions or data;
4. Statements or conduct of any third party on the Site; or
5. Any other matter relating to the Site or products ordered through the Site.
TRADE MARK INFORMATION
The DCLA Diamond Exchange name and trademarks, including the distinctive slogans and logos, that appear at the Web Site are trademarks of DCLA Diamond Exchange or other third parties (the Trade Marks). You agree not to display or use or link to the Trade Marks in any manner without prior permission from DCLA Diamond Exchange or the relevant third party owner.
LINKS TO THIRD PARTY SITES OR SERVICES
This site contains links to sites of third parties. Those sites are not under the control of DCLA Diamond Exchange and DCLA Diamond Exchange is not responsible in any way for the contents of any linked site. The links are provided for your convenience only and the existence of the link does not imply any endorsement of the linked site by The DCLA Diamond Exchange. Any link by you to a third party's site is done at your own risk. DCLA Diamond Exchange is not responsible for webcasting or any other form of transmission received from any linked site. This site also contains advertisements for third parties (including banner ads or other types of advertisements). Those advertisements may also contain links to other sites controlled by third parties. Any third party pays for its advertising on this site and DCLA Diamond Exchange does not recommend or endorse any products or services offered by its advertisers. You must check with the advertiser for information about products or services offered. DCLA Diamond Exchange does not endorse any offers made by any third parties and DCLA Diamond Exchange is not a party to the making of the offer. The third party advertiser is solely responsible to you for the offer and for any goods and services you purchase from them.
DCLA Diamond Exchange relies on you observing these terms at all times. You agree to indemnify and hold DCLA Diamond Exchange and its officers and employees harmless from any claims of any nature whatsoever (including legal costs) by any third party arising out of or in connection with your use of this site. The indemnity is this clause extends to and covers your breach of these terms.
RIGHTS TO USE INFORMATION YOU SEND US
If you send any information to us whether by email or in any other form, then we have the right to reproduce, distribute, transmit, create derivative works of or publicly display any materials or other information that you submit. This right extends to any ideas you might send us in regard to new or improved products or services.
Notices must be in writing and may be given by hand, ordinary prepaid post, facsimile or email. A notice by us to you is taken to be duly given and received -
• If delivered by hand, when delivered;
• If delivered by prepaid ordinary post, on the second business day after posting; and
• If delivered by facsimile, upon completion of transmission and receipt by the sender of the appropriate transmission report; and
• If delivered by email, one business day after sending.
These terms are covered by the law in force in the State of New South Wales and the parties are to submit to the non-exclusive jurisdiction of the courts of New South Wales. If any of these terms is held by any court to be invalid, the remaining terms will remain in full force and effect.