I. INTRODUCTION
Welcome to the Ziba Collection (ACN 152 536 519, ABN 83 152 536 519).
This site is owned by and its content published by Ziba & Co Pty Ltd ACN 152 536 519, ABN 83 152 536 519 which trades as Ziba Collection.
These Terms and Conditions set out the terms on which you may use the site. By using this website, you acknowledge that you have read and understood, and agree to be bound these Terms and Conditions. If you do not accept these Terms, please do not use this website.
These Terms and Conditions govern your use of, and any purchase from, the Ziba Collection Site, and constitute an agreement between you and Ziba Collection. Ziba Collection reserves the right to change or modify any of these Terms and Conditions or any policy or guideline of the Site at any time, and in its sole discretion. Any change or modification will be effective immediately upon posting of the revisions on the Site. Your continued use of the Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review these Terms and Conditions and any other applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, you must stop using the Site.
II. PRIVACY
Please review our Privacy Statement, which applies to your visit to and use of the website.
III. INTELLECTUAL PROPERTY
We own and operate this website.
All text, graphics, logos, icons, images, artwork, audio and video clips and software are our property or licensed by us, and they are protected by Australian and international intellectual property laws, including copyright.
You may only use this website for your personal and non-commercial purposes. Except to the extent permitted by relevant law, you may not use, copy, modify, transmit, store, publish or distribute the material on this website or create any other material using materials on this website, without obtaining our prior written consent.
IV. YOUR ACCOUNT
If you access or use this website, you are responsible for maintaining the confidentiality of your account and for restricting access to your computer. You agree to be responsible for all activities that occur under your account or password. If you are under 18 years old, you may use this website only with the involvement of a parent or guardian. We reserve the right to refuse service, terminate accounts, remove or edit content or cancel orders in our sole discretion.
V. COMMENTS AND SUGGESTIONS
We appreciate hearing from our customers and welcome your comments and suggestions regarding the website and the products we offer for sale, provided that such comments and suggestions are not illegal, obscene, threatening, defamatory, invasive of privacy, infringements of intellectual property rights or otherwise objectionable or injurious to third parties and do not contain or consist of viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam.” You may not use a false email address, impersonate any person, or otherwise mislead us as to the origin of any comment or suggestion.
If you do submit comments or suggestions, you should be aware that our policies do not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those that we have specifically requested. We value your feedback on our products and our service but request that you be specific in your comments and not submit creative ideas, inventions, suggestions or materials. Any feedback, comments or suggestions that you do send to us will become our property and shall not be subject to any obligation of confidentiality on our part. We will not be liable for any use or disclosure of any such feedback, comments or suggestions. We shall be entitled to unrestricted use of any such feedback, comments or suggestions for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person who submitted the information.
VI. PRODUCT DESCRIPTIONS
We take all reasonable efforts to ensure that descriptions and specifications for products listed for sale on our website are as technically accurate as possible.
Whilst we take reasonable care to ensure that product images shown on the website are an accurate representation of the actual product it is inevitable that in the course of reproducing images on our website the product may appear smaller or larger than actual sizes.
The colours we use, as well as the display and colour capabilities of your computer monitor, will affect the colours that you actually see on your screen. We cannot guarantee that your monitor’s display of any product colour, texture or detail will be accurate.
In addition, we do not warrant that product descriptions or other content are accurate, complete, reliable, current or error free. While we make every effort to ensure that our products are described and priced accurately, in the event that an item is deemed to be priced incorrectly, we reserve the right to refuse sale of that item. If a product we offer is not as described, your sole remedy is to return it to us in unused condition.
We take all reasonable steps to ensure that all products advertised on the website are available however we do not guarantee the availability of any product.
VII. LINKS TO OTHER SITES
This website contains links to web sites that are not maintained or updated by us. These links are provided for your convenience only. We are not responsible for the content or accuracy of other web sites and cannot guarantee that such web sites will not change without our knowledge. The linking of any other web sites to this website should not be construed as an endorsement of those other sites or their products and services. If you decide to use any links to access other websites, we accept no liability if you suffer any loss or damage as a result of using them.
VIII. SECURITY
Whilst we use the latest in encryption technology software for transactions with our customers, we will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner.
IX. INDEMNITY
You indemnify us and our officers, employees and agents against all losses, costs, damages, claims and expenses arising from:
- any breach of these Terms and Conditions by you;
- any act or omission by you or an officer, employee or agent of you; or
- any claim, action, demand or proceeding by a third party against us or our officers, employees or agents caused or contributed to by you or an officer, employee or agent of you.
X. BEST PRICE PROMISE
As part of our commitment to providing you with the best available price, we will beat any genuine price available for a comparable product provided by an Australian registered businesses. We have the absolute discretion to refuse to accept a verbal quote and we may request that you provide to us a written quote.
For the avoidance of doubt:
available means that the other comparable product is genuine and available to be purchased at the time you present the price to us. If the comparable product is not available, we will offer you the best available alternative product that will suit your requirements.
comparable product means a product that:
- is manufactured with the same quality and weight of gold; and
- contains diamonds with the same diamond grading certification, colour, clarity, cut, carat weight.
XI. CANCELLATIONS POLICY
If you change your mind within 24 hours after you have placed the order, you can cancel your order and have the deposit returned to you. On the day after the end of this time period, we will start manufacturing the goods and we will not accept any cancellations after this time.
XII. RETURN POLICY
Under Australian consumer law you have certain rights to return or have repaired goods defective in materials and/or workmanship or goods unfit for purpose.
In addition to these rights under Australian consumer law, if you are not completely satisfied with any ready made goods that are purchased from this website you can return the item provided that it is in its original condition with the MY Diamonds product tag intact, within 14 days of the date of shipment for a refund or an exchange. For the avoidance of doubt, this 14 day money back guarantee does not apply to custom made goods purchased from us.
Once we receive your returned item and we accept it, we will process your refund or new item in a few days.
When we receive your returned item, we will examine the item. Items showing signs of wear or those that have been engraved, altered, resized (by anyone other than Ziba Collection), or damaged in any way cannot be accepted for return. We cannot accept the return of diamonds that are laser inscribed.
We will not accept any returns without a Ziba Collection return authorisation code or packages that are improperly packaged or uninsured.
The process for returning a diamond or a jewellery item to Ziba Collection is:
Step 1: Obtain a return authorization code by calling………………. Write this code on the bottom of your original invoice.
Step 2: Package your return by including:
- original invoice (with return authorisation code at the bottom);
- original valuation certificate where supplied;
- original diamond grading certificate where supplied;
- all original packaging and collateral material.
If your item was delivered with a valuation certificate and that certificate is not returned, you may be liable for the $250 replacement cost.
If your item was delivered with a diamond grading certificate and that certificate is not returned, you may be liable for the $500 replacement cost.
For security reasons, do not write Ziba Collection anywhere on the outside of the box.
Step 3: Insure your package.
You must follow these instructions exactly, failure to do so will prevent the processing of your return.
If you have any questions about our return procedure, please contact us at info@zibaandco.com.au.
Please note that Ziba Collection will not be responsible for loss or damage of return shipments.
XIII. TWELVE MONTH WARRANTY
All of our diamond jewellery is manufactured using the highest quality materials and is inspected by us and our gemmologist prior to shipment. Once you receive your jewellery item you can have it inspected by an independent jeweller or valuer. Most jewellery stores perform these inspection services for free. Sometimes a piece of jewellery may contain finger marks or polish residue, these can be cleaned by a jeweller or you can clean it yourself using jewellery cleaner or a toothbrush and warm soapy water.
We stand behind everything we sell and warrant that all items will be free from any manufacturing defects at the time of delivery. In the event that there is ever a problem with your jewellery, it can be mailed back to our offices for inspection. If the problem is deemed to be from a structural defect, we will repair or replace the item at no charge to you. If the damage is caused by normal wear and tear, then our offices will repair your jewellery at cost.
Goods manufactured from white gold are plated with rhodium to enhance their appearance. It is possible for this rhodium plating to wear off during normal wear and tear. This Warranty excludes rhodium plating.
Please contact our office if you have questions or would like to return your item for any of our free warranty services. Email: info@zibaanco.com.au
XIV. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
This website is provided by us on an “as is” basis.
We make no representations or warranties of any kind, express or implied, as to the operation of this website or its content or any of the products made available on the website.
You agree that your access to, and use of the website is at your own risk and that to the maximum extent permitted by law, we disclaim all representations and warranties (whether express or implied).
We do not warrant that this website, its servers, or email sent from us are free of viruses or other harmful components. We will not be liable for any damages of any kind arising from your use of this site, including, without limitation, indirect, incidental, punitive or consequential damages.
XV. INDEMNIFICATION
You agree to defend, indemnify and hold harmless Ziba Collection, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any Content you post, store or otherwise transmit on or through our Site or your use of or inability to use our Site, including without limitation any actual or threatened suit, demand or claim made against Ziba Collection and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to the Content, your conduct, your violation of these Terms and Conditions or your violation of the rights of any third party.
XVI. LIMITATION OF LIABILITY
In no event shall Ziba Collection, its directors, members, employees or agents be liable for any direct, special, indirect, or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits, or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of our site, the products and services, or the content contained in or accessed through our site, including without limitation any damages caused by or resulting from reliance by user on any information obtained from Ziba Collection, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to Ziba Collection’s records, programs or services.
XVII. AMENDMENTS
Except as otherwise specified, we may amend these Terms and Conditions at any time without notice to you by posting amended Terms and Conditions on the website. The amended Terms and Conditions will take effect immediately when they are posted on the website.
XVIII. TERMINATION
We may terminate this agreement, your registration with or ability to access this website and/or any other service provided to you by us and any other agreement between us, immediately if you breach any of these Terms and Conditions.
XIX. OUR RELATIONSHIP
No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended to be created between you and us by these Terms and Conditions.
XX. FORCE MAJEURE
We will not be liable for any delay in performing any of our obligations under these Terms and Conditions if such delay is caused by circumstances beyond our reasonable control, and we are entitled to a reasonable extension of time for the performance of our obligations in such circumstances.
XXI. BREACH
If we do not act in relation to a breach by you or others of these Terms and Conditions, this does not waive our right to act with respect to subsequent or similar breaches.
XXII. SEVERANCE
If any of these Terms and Conditions are invalid or unenforceable, it will be struck out, and the remaining Terms and Conditions will remain in force.
XXIII. NOTICES
Except as required by law or otherwise specified by us, you must provide any notices to us by email to info@zibaandco.com.au. We will provide any notices to you by email to any email address provided by you. Notices will be taken to have been received 24 hours after the email is sent, unless the sending party receives notice that the address is invalid or that the email has not been received.
XXIV. GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New South Wales, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and waive any right that you may have to object to an action being brought in those courts.
XXV. CURRENCY
These Terms and Conditions are current as at 22 May 2024.
PRIVACY POLICY
INTRODUCTION
Ziba & Co Pty Ltd ACN 152 536 519 trading as Ziba Collection respects the privacy of your personal information. This Privacy Statement explains in general terms our policy for protecting the privacy of your personal information.
COLLECTION OF PERSONAL INFORMATION
We will collect personal information directly from you when we provide our goods and services to you. Generally this will be collected by us when you deal with us either in person, by telephone, letter, facsimile, email or when you visit our website. We may request information about you when you purchase or make enquires about our goods and services, register for promotions or when you request other information from us. We may also collect information when we invite you to complete surveys or provide us with feedback. We do not disclose your information to market research organisations.
TYPE OF PERSONAL INFORMATION COLLECTED
We collect personal information about you to the extent necessary for us to provide you with our goods and services. For example, we may collect details such as your name, mailing address, email address, telephone number, mobile number, credit card number and expiry date. As a general rule, we do not collect sensitive information. However, if we do so, it will be for the purposes of providing our goods and services to you. Where we are required by law to obtain your consent to the collection of sensitive information, we will seek your consent prior to collection.
USE AND DISCLOSURE OF PERSONAL INFORMATION
We will use your personal information to provide you with our goods and services. We will tell you why we are collecting the information at the time we collect it and how we intend to use it unless these are obvious at the time of collection. We may use and disclose your personal information for the purposes for which it was collected, or for a related or ancillary purpose such as any one or more of the following purposes:
- notify you of changes to our online shopping facility or special promotions we think may be of interest to you;
- to analyse trends in sales;
- for our marketing activities; and
- for our internal accounting and administration purposes.
Before we notify you of changes to our online shopping facility or special promotions, we will provide you with an opportunity to give us permission via an opt-in mechanism. You can notify us at any time that you do not wish to receive such notices by emailing us at info@zibaandco.com.au.
We do not require you to provide us with any personal information when you visit our website. However, we may need to obtain your information from our website to provide you with any services that you request by submitting an online enquiry form. We will not disclose your personal information unless the disclosure is required or authorised by law, you have consented to us disclosing the information about you, or for another purpose (related to the primary purpose for which the information was collected).
SECURITY
We have in place appropriate physical and electronic security procedures to protect the security of personal information under our control from loss, misuse, modification, destruction or unauthorised access. We take reasonable steps to hold information securely in electronic or physical form. Including restricted access to our server and the use of encryption technology during when using our online shopping facility.
ACCESS AND CORRECTION
You can request access at any time to personal information we hold about you. We may refuse to provide access if the Australian Privacy Principles allow us to do so. If we refuse to give you access, we will provide you with reasons for our refusal.
OPT OUT
If you no longer wish to receive communications from us, send us an email at info@zibaandco.com.au.
COOKIES
We use cookies to enhance your interaction and convenience with our website and do not use cookies to record any personal information.
LINKS TO OTHER SITES
Our website contains links to other sites. We are not responsible for the privacy practices or the content of linked web sites. We encourage you to read the privacy statements of any linked sites as their privacy policy may be different from ours.
FURTHER INFORMATION
If you would like further information about the way we manage the privacy of your personal information please contact our Privacy Officer:
Email: info@zibaandco.com.au
CHANGES TO OUR POLICY
From time to time it may be necessary for us to revise our privacy policy. Any changes will be in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. We may notify you about changes to our privacy policy by posting an updated version on our website.
If you require any further information about the Privacy Act 1988 (Cth) and the Australian Privacy Principles, you can visit the Office of the Australian Information Commissioner’s website at www.oaic.gov.au.