In order to access the Purchase Services, you must first register as a user of the Website. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details) that is accurate, complete and current, including:

• Email address
• Mailing address
• Telephone number
• Full name
• Billing address
• Billing details

In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the 'Purchase Price').

Payment of the Purchase Price may be made through Shop Pay, Paypal, Master, Visa, Amex, Afterpay, Union Pay, Debit Card (the 'Payment Gateway Provider').

In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.

Following payment of the Purchase Price being confirmed by Diamond Elite, you will be issued with a receipt to confirm that the payment has been received and Diamond Elite may record your purchase details for future use.

Diamond Elite may, at their sole discretion, provide a refund on the return of the Products within zero days where the Product packaging is unopened and remains in a saleable condition.

You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund pursuant to this clause.

Diamond Elite reserves the right to cancel, amend or refuse any orders. In the event of a cancellation, amendment or refusal of any order by Diamond Elite we may attempt notify you through the contact details you provided to Diamond Elite.

Diamond Elite's Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the 'Warranty').

You may make a claim under this clause (the 'Warranty Claim') for material defects and workmanship in the Products with a lifetime warranty from the date of purchase (the 'Warranty Period').

In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase to Diamond Elite showing the date of purchase of the Products, provide a description of the Products and the price paid for the Products by sending written notice to Diamond Elite at 511/1 Anderson St, Chatswood, New South Wales, 2067 or by email at team@diamondelite.com.au.

Where the Warranty Claim is accepted then Diamond Elite will, at its sole discretion, either repair or replace any defective Products or part thereof with a new or remanufactured equivalent during the Warranty Period at no charge to you for parts or labour. You acknowledge and agree that you will be solely liable for any postage or shipping costs incurred in facilitating the Warranty Claim.

The Warranty shall be the sole and exclusive warranty granted by Diamond Elite and shall be the sole and exclusive remedy available to you in addition to other rights and under a law in relation to the Products to which this warranty relates.

All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period.

The Warranty does not apply to any appearance of the supplied Products nor to the additional excluded items set forth below nor to any supplied Products where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction.

You acknowledge and agree that you will be solely liable for any postage or shipping costs incurred in facilitating the Warranty Claim.

You acknowledge that the Purchase Services offered by Diamond Elite integrate delivery (the 'Delivery Services') through the use of third party delivery companies (the 'Delivery Service Providers').

In providing the Purchase Services, Diamond Elite may provide you with a variety of delivery and insurance options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that Diamond Elite is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.

In the event that an item is lost or damaged in the course of the Delivery Services, Diamond Elite asks that you:

• contact the Delivery Service Provider directly to request a refund or to claim on any insurance options available; and
• contact us by sending an email to team@diamondelite.com.au outlining in what way the Products were damaged in transit so we are able to determine if the Delivery Service Provider should be removed from the Purchase Services.
  

contact us by sending an email to team@diamondelite.com.au outlining in what way the Products were damaged in transit so we are able to determine if the Delivery Service Provider should be removed from the Purchase Services.

The Website, the Purchase Services and all of the related products of Diamond Elite are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the 'Content') are owned or controlled for these purposes, and are reserved by Diamond Elite or its contributors.

Diamond Elite retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:

• the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Diamond Elite; or
• the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
• a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
  

You may not, without the prior written permission of Diamond Elite and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose.

This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

Diamond Elite's total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Diamond Elite is the resupply of information or Purchase Services to you.

You expressly understand and agree that Diamond Elite, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

Diamond Elite is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Diamond Elite, by third parties or by any of the Purchase Services offered by Diamond Elite.

You acknowledge that Diamond Elite does not provide the Delivery Services to you and you agree that Diamond Elite will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.

If you want to terminate the Terms, you may do so by:

• notifying Diamond Elite at any time; and
• closing your accounts for all of the Purchase Services which you use, where Diamond Elite has made this option available to you.

Your notice should be sent, in writing, to Diamond Elite via the 'Contact Us' link on our homepage.

Diamond Elite may at any time, terminate the Terms with you if:

• you have breached any provision of the Terms or intend to breach any provision;
• Diamond Elite is required to do so by law;
• the partner with whom Diamond Elite offered the Purchase Services to you has terminated its relationship with Diamond Elite or ceased to offer the Purchase Services to you;
• Diamond Elite is transitioning to no longer providing the Purchase Services to Users in the country in which you are resident or from which you use the service; or
• the provision of the Purchase Services to you by Diamond Elite is, in the opinion of Diamond Elite, no longer commercially viable.
  
  

Subject to local applicable laws, Diamond Elite reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Diamond Elite's name or reputation or violates the rights of those of another party.

When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Diamond Elite have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

Compulsory: If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

Notice:A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

Resolution:On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:

Within 30 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;

If for any reason whatsoever, 30 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Diamond Elite or his or her nominee;

• The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
• The mediation will be held in Sydney, Australia.

Confidential:
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.

If 7 have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.