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Mystic Diamonds Pty Ltd Terms of Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THE MYSTICDIAMONDS.COM WEBSITE. ANY FAILURE ON YOUR PART TO COMPLY WITH THESE TERMS AND CONDITIONS OF USE MAY LEAD TO THE CANCELLATION OF YOUR ACCOUNT AND RELATED PRIVILEGES. THEY ALSO CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.

 

Mysticdiamonds.com is owned and operated by Mystic Diamonds Pty Ltd. These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers visitors jewellery of quality, designs, gemstones and diamonds either for sale, on order or on auction. All our stones are identified, graded and assessed by our in-house laboratory. By accessing or using the website, you approve that you have read, understood, and agree to be bound by these Terms.

 

Effective Date of This Terms & Conditions will be from 1 December 2021

Acceptance of Terms and Conditions of Use

Welcome to Mysticdiamonds.com, we trust that you will have a pleasant shopping experience and return soon. 

When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.

The prices we charge for using our services / or our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page.

The fee for the services and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged on a monthly basis to your payment method.

Return and refund policy

For any undamaged, unchanged product, simply return it with its included accessories and packaging along with the original receipt (or gift receipt) within 14 days of the date you receive the product, and we will exchange it or offer a refund based upon the original payment method. In addition, please note the following: (i) Products can be returned only in the country in which they were originally purchased; All jewellery and gemstones, diamonds and simulants, will be checked on return, if in anyway altered, damaged or replaced, such jewellery, gemstones, diamonds or simulants will not be refunded. Any other costs incurred, postage, and or taxes, will be for the account of the customer.

 

Warranties & responsibility for services and products

When we receive a valid warranty claim for a product purchased from us, we will either repair the relevant defect or replace the product. If we are unable to repair or replace the product within a reasonable time, the customer will be entitled to a full refund upon the prompt return of the product to us. The customer will be responsible to pay for shipment of repaired or replaced products to the customer and the customer will be responsible for return shipment of the product to us.

 

Ownership of intellectual property, copyrights and logos

The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Mystic Diamonds Pty Ltd. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.

 

Right to suspend or cancel user account

We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment.

Indemnification / Limitation of liability

By accessing or using mysticdiamonds.com and any of it’s pages, you agree to indemnify and hold Mystic Diamonds Pty Ltd or any of it’s directors, associates, or employees harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.

Mystic Diamonds Pty Ltd makes no representation related to the accuracy or reliability of, nor does it endorse, any opinion, declaration or other information published or distributed on the website by any user, content provider or other person.

Neither we nor our agents or representatives are responsible or liable in any manner for any User Content or Third Party Content (as defined below) posted on mysticdiamonds.com or in connection with mysticdiamonds.com services, whether posted or caused by users of the mysticdiamonds.com website, by mysticdiamonds.com, by third parties or by any of the equipment or programming associated with or utilized in mysticdiamonds.com website  the website or the Service. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users submit, post, transmit or share on the website and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the website or in connection with any User Content or Third Party Content. We are not responsible for the conduct, whether online or offline, of any user of the website or Service. All messages and comments posted in blogs express the views of the author, and neither mysticdiamonds.com, nor Mystic Diamonds Pty Ltd, will be held responsible for the content of any message.

Mystic Diamonds Pty Ltd reserves the right to modify, cancel or terminate any item on the website, at any time, including the availability of any function, database or content. We may also impose limits on certain items or restrict the access to certain sections of the website without prior notice and without incurring its liability.

All of the website content is protected by copyright and belongs to Mystic Diamonds Pty Ltd or third parties acting as content providers. No website content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without our prior written permission, except that the foregoing does not apply to your own user content (as defined below) that you legally post on the Site. You are granted a limited license to access and use the website and the website content and to download or print a copy of any portion of the website content to which you have properly gained access solely for your personal, non-commercial use. Such license is subject to these Terms and Conditions of Use and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods. Except for your own user content, you may not upload or republish website content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the website content is strictly prohibited. The trademarks and logos used or posted on the Site are trademarks and logos registered or not by Mystic Diamonds Pty Ltd or third parties. Nothing on the Site may be interpreted in such a way as to allow, directly or indirectly, the use of such trademarks or logos without the prior written permission of their  owner.. 

 

Right to change and modify Terms

We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these pages periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.

 

Promotional emails and content

You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – send an email info@mysticdiamonds.com

 

Preference of law and dispute resolution

Any claim or dispute to Mystic Diamonds Pty Ltd or Mysticdiamonds.com will be governed by the laws of South Africa without regard to it’s conflict of law provisions. 

These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of South Africa, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in South Africa The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.

 

Customer support details & contact info

We have a chat box for any questions regarding our products and services. You are welcome to contact us at info@mysticdiamonds.com  and we will respond within 24 hours. We will notify you via email when your product is shipped and provide the tracking number.

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