Warranty Against Defects

In this Warranty:

We, us, or our means GS Diamonds Pty Ltd (ACN 063 429 050) and our contact details are set out at the end of this warranty; You, or your means the individual purchaser of the Goods; Goods means the product supplied to you by us, pursuant to the Terms and Conditions and which were purchased in Australia (excluding Infinity Rings).

This warranty is attached to and forms part of Terms and Conditions.

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

1  Warranty

1.1  We provide this Warranty to you in addition to any rights or remedies you have under the Australian Consumer Law or any other applicable law (Consumer Law Rights).

1.2  Subject to the terms of this Warranty, we provide a lifetime warranty from the date of purchase of the Goods from us (Warranty Period) the Goods prove defective by reason of improper workmanship or materials, for example:

(a) pores and blemishes in the metal;

(b) chips or scratches on gemstones evident at the time you collect the Goods from us; and

(c) uneven settings, evident at the time you collect the Goods from us.

We will repair the Goods or resupply the Goods or issue a full or partial refund to you with respect to any amount paid for the defective part (or all) of your Goods. Your Consumer Law Rights may extend beyond the Warranty Period.

1.3  If any materials, stones, parts or features required to facilitate any repair or replacement pursuant to clause 1.2 are unavailable or no longer in production, or your model of Goods is no longer available or in production, we will use our best endeavours to use appropriate equivalent materials, stones parts, features or model.

2 Making a valid warranty claim

2.1  To claim the benefit of this Warranty, you must:

(a) notify us by calling or emailing us as soon as you become aware that the Goods are defective and, in any event, within [14] days of when you become aware that the Goods are defective with evidence of proof of purchase of your Goods from us and a description and photographs of the claimed defect;

(b) if we ask you to, you must return to return the Goods together with all packaging, parts, accessories and documentation to the contact details set out below; and

(c) provide any other information reasonably required by us to assess your claim.

2.2  Where you return the Goods as part of a Warranty claim under this clause 2.1, you will need to cover any associated costs of you returning the Goods to us.

2.3  Where we accept your claim under this Warranty, clause 1.2 will apply.

3 When this warranty applies and when it does not

3.1  This Warranty does not cover any defect which is caused (or partly caused) or contributed to, by any:

(a) act or omission, accident, or negligence by you or any third party not engaged by us

(b) failure on your part to follow any instructions or guidelines provided by us or the manufacturer in relation to your Goods or properly maintain your Goods in accordance with any of our instructions or guidelines;

(c) use of your Goods otherwise than for any application or use specified by us or the manufacturer;

(d) discolouration, pits, holes or blemishes in the setting or metals used in the Goods caused by exposure to chemicals, make-up, chlorine, hot tubs or bathing;

(e) gemstones or services which we specifically identified to you as not recommended or unsuitable prior to your purchase;

(f) continued use of your Goods (where such use is not reasonable) after any defect in your Goods becomes apparent or would have become apparent to a reasonably prudent person;

(g) failure by you to notify us of any defect in your Goods within a reasonable period of time after you become aware of or ought to have reasonably become aware of the relevant defect;

(h) reasonable wear and tear of your Goods, e.g. dents, abrasions, bends and scratches on settings, chips, scratches and breakages on the gemstones due to wear and tear or accidents, settings worn down by everyday use, which can lead to loss of gemstone;

(i) events or circumstance beyond our or the manufacturer's reasonable control; or

(j) installation, repair, replacement, maintenance, altering, overhauling or otherwise compromise of the Goods by you or any person other than us or the manufacturer.


3.2  Additional Expenses: Any works or services requested by you to be performed by us (including any work or services that are additional to repairs carried out by us pursuant to clause 1.2 and deemed by us to not be covered under this Warranty may incur additional charges, which we will advise you of prior to commencing those additional work or services. We are under no obligation to perform any additional work or services that you may request.

4 General

4.1  Terms and Conditions prevails: This Warranty is subject to the Terms and Conditions and in the event of any inconsistency or ambiguity between this Warranty and the Terms and Conditions, the Terms and Conditions will prevail.

4.2  This Warranty is only valid and enforceable in Australia and is governed by the laws of New South Wales.

4.3  No third party reliance: The benefit of this Warranty is for you only, and no other person or third party can rely on or make a claim under this Warranty.

4.4  No Assignment or transfer: This Warranty or the benefit under this Warranty cannot be assigned or transferred to any other person or third party.

4.5  Severance: If any provision of this Warranty is held to be void, invalid or illegal or unenforceable in any jurisdiction, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or part of that provision) will be severed from this Warranty without affecting the validity or enforceability of the remainder of that provision or the other rovisions in this Agreement.

Contact us for further details: GS Diamonds Pty Ltd (ACN 063 429 050) Queen Victoria Building Shop 34-36 Level 2, 455 George St, Sydney, New South Wales 2000, Australia info@gsdiamonds.com.au 1300 181 294