Terms of service
OVERVIEW
Welcome to Sakura Lab Diamonds. The terms “we”, “us” and “our” refer to Sakura Lab Diamonds.
We operate this website and online store, including the information, content, features, products and services made available through it (collectively, the “Services”). Our online store is powered by Shopify, which enables us to provide the Services to you.
These Terms of Service, together with any policies referred to in them, explain your rights and responsibilities when you access or use our Services.
By visiting, browsing, purchasing from or otherwise using our Services, you agree to these Terms of Service and our Privacy Policy. If you do not agree with these Terms, please do not use the Services.
Nothing in these Terms excludes, restricts or modifies any rights or remedies available to you under the Australian Consumer Law or any other law that cannot lawfully be excluded.
SECTION 1 – ACCESS AND ACCOUNTS
By using our Services, you confirm that you are legally capable of entering into a binding agreement in your place of residence.
When using our website or placing an order, you may be asked to provide information including your name, email address, billing information, payment details and shipping information.
You agree that the information you provide is accurate, current and complete.
If you create an account, you are responsible for maintaining the confidentiality and security of your account credentials and for activity conducted through your account.
SECTION 2 – OUR PRODUCTS
We make reasonable efforts to accurately describe and represent our jewellery, gemstones, colours, finishes, dimensions and other product details.
However, colours and product appearance may vary slightly depending on screen settings, lighting, photography and the natural characteristics of gemstones and jewellery materials.
Some lifestyle or model images used on our website may be digitally created, enhanced or composited to help demonstrate how a piece may look when worn. These images are intended as visual guides. Where exact dimensions, stone specifications, metal finishes or product construction are important, please refer to the written product specifications and product-specific images.
Sizing and scale shown in lifestyle imagery should be regarded as approximate unless specifically stated otherwise.
We reserve the right to update product descriptions, specifications, pricing or availability where necessary.
Products may be discontinued or offered in limited quantities without notice.
SECTION 3 – CUSTOM AND MADE-TO-ORDER JEWELLERY
Some Sakura pieces may be custom-made, personalised, resized, altered or produced to order.
Where applicable, design details, materials, estimated production timeframes and pricing will be discussed or provided before an order is confirmed.
Customers are responsible for carefully reviewing and approving any requested specifications, measurements, personalisation or design details before production begins.
Because custom and personalised pieces are created specifically for the customer, they may not be eligible for change-of-mind returns. This does not affect any rights you may have under the Australian Consumer Law if there is a problem with the product.
SECTION 4 – ORDERS
When you place an order, you are making an offer to purchase the selected products.
An order is not considered accepted until payment has been successfully processed and we have confirmed the order.
We reserve the right to decline or cancel an order where reasonably necessary, including where:
- a product is unavailable
- pricing or product information contains an error
- payment cannot be processed
- we reasonably suspect fraudulent or unauthorised activity
- we cannot fulfil the order as requested
If we cancel an order after payment has been received, we will arrange an appropriate refund.
Please review your order carefully before submitting it. Once production has commenced on a custom, personalised or made-to-order piece, cancellation may not be possible.
Returns and refunds are subject to our Return & Refund Policy and your rights under applicable consumer law.
SECTION 5 – PRICES AND PAYMENT
All prices displayed on our website are in Australian dollars unless otherwise stated.
Prices, promotions and discounts may change without notice. The price applicable to your purchase will be the price displayed when you place your order, subject to correction of genuine errors.
Any shipping charges or other applicable costs will be shown during checkout where applicable.
We accept the payment methods displayed at checkout, which may include Shopify Payments, PayPal, Afterpay and other available providers.
Where you choose a third-party payment provider such as Afterpay or PayPal, your use of that payment service is also subject to the provider’s own terms and conditions.
You agree to provide accurate and authorised payment information when placing an order.
SECTION 6 – SHIPPING AND DELIVERY
Orders are processed and shipped in accordance with our Shipping Policy.
Delivery timeframes are estimates and may be affected by carrier delays, public holidays, weather events, remote locations or other circumstances outside our reasonable control.
Where tracking is available, tracking details will be provided after dispatch.
If your order is delayed, lost or damaged during delivery, please contact us so we can assist with the carrier and determine the appropriate next steps.
Nothing in this section limits any rights or remedies available to you under the Australian Consumer Law.
SECTION 7 – RETURNS, REFUNDS AND CONSUMER RIGHTS
Returns, exchanges and refunds are handled in accordance with our Return & Refund Policy.
Our goods come with consumer guarantees that cannot be excluded under the Australian Consumer Law.
Where a product fails to meet an applicable consumer guarantee, you may be entitled to a repair, replacement, refund or other remedy depending on the circumstances.
Any change-of-mind policy offered by Sakura is additional to, and does not replace, your statutory consumer rights.
SECTION 8 – INTELLECTUAL PROPERTY
Unless otherwise stated, the content of our website, including our branding, text, graphics, photographs, product imagery, videos, designs, logos and other materials, is owned by or licensed to Sakura Lab Diamonds and is protected by applicable Australian and international intellectual property laws.
Our website and its content are provided for your personal and non-commercial use.
You must not reproduce, distribute, modify, republish, sell, commercially exploit or otherwise use our content without prior written permission, except where permitted by law.
The Sakura name, branding and associated designs may not be used in a manner that suggests endorsement, affiliation or ownership without our written consent.
Shopify and other third-party names, logos and trademarks remain the property of their respective owners.
SECTION 9 – OPTIONAL THIRD-PARTY TOOLS
We may provide access to tools or services operated by third parties.
We do not necessarily control these third-party services and cannot guarantee their availability, performance or accuracy.
Your use of third-party services may be subject to separate terms and privacy policies provided by those third parties.
SECTION 10 – THIRD-PARTY LINKS
Our website may contain links to websites operated by third parties, including links to other jewellery brands or businesses such as Desert Diamonds by Lara.
A link to a third-party website does not mean that Sakura owns, operates or controls that website.
When you leave our website and visit a third-party site, purchases, enquiries and other interactions made through that site are subject to that third party’s own terms, policies and practices.
We encourage you to review those policies before making a purchase or providing personal information.
SECTION 11 – RELATIONSHIP WITH SHOPIFY
Sakura Lab Diamonds is powered by Shopify, which enables us to provide the Services to you.
However, any sales and purchases you make through our store are made directly with Sakura Lab Diamonds.
By using the Services, you acknowledge that Shopify is not the seller of the jewellery offered by Sakura and is not responsible for the fulfilment of orders, customer service, product representations or other aspects of transactions made directly with Sakura, except to the extent otherwise required by law or under Shopify’s own applicable services and terms.
SECTION 12 – PRIVACY
Personal information collected through our Services is handled in accordance with our Privacy Policy.
Because our online store is hosted by Shopify, Shopify may also collect and process information in connection with your use of our website and checkout.
Other service providers involved in payments, shipping, analytics, marketing or website functionality may also process information as necessary to provide their services.
Please review our Privacy Policy for further information.
SECTION 13 – REVIEWS AND FEEDBACK
If you submit a review, comment, suggestion, photograph or other feedback to us, you confirm that you have the right to provide that content.
You grant us permission to use, reproduce and display feedback that you voluntarily provide for purposes including operating, improving and promoting Sakura, unless otherwise agreed.
You must not submit content that:
- infringes another person’s rights
- is knowingly false or misleading
- contains unlawful, abusive or defamatory material
- contains malicious software or harmful code
We reserve the right to remove inappropriate or unlawful content where reasonably necessary.
SECTION 14 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally our website may contain errors or omissions relating to product descriptions, specifications, pricing, promotions, shipping charges, availability or other information.
We may correct genuine errors, update information or, where necessary, cancel an affected order.
If an order is cancelled because of an error after payment has been received, we will provide an appropriate refund.
SECTION 15 – PROHIBITED USES
You may use our Services only for lawful purposes.
You must not use our website or Services to:
- violate applicable laws or regulations
- infringe intellectual property or privacy rights
- transmit malicious software
- engage in fraud, impersonation or misleading conduct
- interfere with the operation or security of the website
- collect personal information about others without authority
- send spam or unauthorised promotional material
- scrape, copy or commercially exploit website content without permission
- bypass security or access controls
We may restrict or terminate access where we reasonably believe these Terms have been breached.
SECTION 16 – TERMINATION
We may suspend or terminate access to the Services where reasonably necessary, including where these Terms have been materially breached.
Any provisions that by their nature should continue after termination will remain in effect, including provisions relating to intellectual property, liability, privacy and outstanding payment obligations.
SECTION 17 – WARRANTIES AND CONSUMER GUARANTEES
We aim to provide accurate information and quality products and services.
To the extent permitted by law, we do not guarantee that the website will always be uninterrupted, error-free or available.
However, nothing in these Terms excludes, restricts or modifies any statutory guarantee, warranty, right or remedy that cannot legally be excluded, including consumer guarantees under the Australian Consumer Law.
SECTION 18 – LIMITATION OF LIABILITY
To the maximum extent permitted by law, Sakura Lab Diamonds will not be liable for indirect, incidental or consequential loss arising solely from your use of our website where such liability may lawfully be excluded.
Nothing in these Terms excludes or limits liability where doing so would be unlawful.
In particular, nothing in these Terms excludes or limits your rights under the Australian Consumer Law or any other statutory rights that cannot lawfully be excluded.
SECTION 19 – INDEMNITY
To the extent permitted by law, you agree to indemnify Sakura Lab Diamonds against losses or claims arising directly from your unlawful use of the Services, your material breach of these Terms or your infringement of another party’s rights.
This section does not require you to indemnify us for loss caused by our own unlawful conduct, negligence or breach of applicable law.
SECTION 20 – SEVERABILITY
If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be limited or removed to the minimum extent necessary.
The remaining provisions will continue to apply.
SECTION 21 – WAIVER AND ENTIRE AGREEMENT
If we do not immediately enforce a right under these Terms, that does not mean we waive that right.
These Terms, together with the policies and information referred to in them, form the agreement between you and Sakura concerning your use of the Services.
SECTION 22 – ASSIGNMENT
You may not transfer your rights or obligations under these Terms without our prior written consent.
We may transfer or assign our rights and obligations where reasonably necessary as part of the operation, restructuring or transfer of the business, subject to applicable law.
SECTION 23 – GOVERNING LAW
These Terms are governed by the laws of Australia and the applicable laws of the State or Territory in which Sakura Lab Diamonds is established.
Nothing in this section prevents a consumer from exercising rights available to them under applicable consumer protection laws.
SECTION 24 – CHANGES TO THESE TERMS
We may update these Terms from time to time to reflect changes to our Services, business practices or legal obligations.
The current version will be published on this page.
Where required by law, material changes will be communicated appropriately.
SECTION 25 – CONTACT INFORMATION
Questions about these Terms can be sent to:
Sakura Lab Diamonds
Email: info@sakuralabdiamonds.com.au
Business address: PO Box 8290 Glenmore Park NSW 2745
Phone: 0423 058 696 | 0414 480 727
ABN / Business registration number: [INSERT ABN OR BUSINESS REGISTRATION NUMBER]