Harmony

Terms & Conditions

Terms & Conditions

 

These terms and conditions apply to the use of this website, including but not limited to the purchase activities of goods and/or services, posting reviews, sharing and using information of this website for any other pursposes.

These terms and conditions are the complete and exclusive agreement between the parties and supersedes all provisions and contemporaneous agreements, proposals and communications with respect to this subject matter.

  1. Definitions
    1. Parties
      1. “Company”, "Avi Harmony", “Harmony”, “Harmony Diamonds”, "we", "us" and "our" are a reference to AVI Harmony Pty Ltd (ABN 95 615 302 906) (ACN 615 302 906) as a supplier of products and services.
      2. “Customer”, “User”, “you" and "your" are reference to the person accessing or using this website for purchase and non-purchase purposes.

    1.  Definitions and Interpretation
      1. "Australian Consumer Law" means Schedule 2 of the Competition and Consumer Act 2010 (Cth);
      2. "CCA" means the Competition and Consumer Act 2010 (Cth);
      3. “PPSA” means Personal Property Securities Act 2009;
      4. Business Day means a weekday excluding public holidays by Government of New South Wales.
      5. “GST” or “ Goods and Services Tax” include all meanings of the term as in applicable GST Act
      6. “GST Act” means A New Tax System (Goods and Services Tax) Act 1999 (Cth) and/or associated Commonwealth legislation, regulations and publicly-available rulings
      7. “Intellectual Property Rights” means all intellectual property rights including all current and future registered and unregistered rights in respect of copyright, designs, circuit layouts, trade marks, know-how, confidential information, patents, inventions and discoveries and all other intellectual property as defined in article 2 of the convention establishing the World Intellectual Property Organisation 1967.
      8. “Submissions” means all comments, feedback, suggestions, photos, e-mail and similar information or materials that you submit to us regarding our goods or services (including this website).
      9. “Taxes” means any present or future taxes (including taxes on goods and/or services such as GST), rates, levies, imposts, duties (including stamp duties), deductions, charges, compulsory loans and withholdings (other than any such taxes on the overall net income of a party) which may be incurred in any jurisdiction and any interest, penalties, fines or expenses relating to any of them;
      10. “Trading Terms” means these Terms and Conditions. Terms and expression defined in or for the purposes of the CCA will have the same meaning when used in conjunction with these Terms and Conditions
      11. “Customised item” means all items composed by you via our “Creat Your Own” application on our website.
      12. “Special order” means order request of the item that is not available on our website but we have capability to fulfill  that order.
      13. ‘Including’ or ‘includes’ are deemed to be followed by the words ‘without limitation’ or ‘but not limited’
      14. Words importing the singular shall include the plural (and vice versa)

  1. Amendments and updates to Terms and Conditions
    1.  We reserve the right to amend or alter these terms and condition from time to time. Amendments will effective immediately when uploaded on website. Your continued use of the website following by the changes of these terms and conditions will be deemed your acceptance of and agreement to be bound by the terms and conditions as amended.
    2. All amendments and updates of Terms and Conditions will be highlighted on Policy site 72hrs after the amendments.
    3. These Terms may be varied only with other written agrreement by us.

  1. Account and password
    1. We provide registration application on website so you can create online portfolio of yourself with account login (including a username and password). You must ensure that your account details are complete and accurate when submitted to us, that the information that you have given is true and correct.
    2. You have responsiblity of keeping your account details secure, confidential for yourself and up-to-date
    3. You agree to release and indemnify Harmony in relation to any claims, loss or liability arising out of the unauthorised use of your username or password (including any failure to keep your username or password secure and confidential).
    4. You agree to notify us immediately of any unauthorised use of your account or any other breach of security.
    5. We may terminate your account and access to this website at any time without notice. Our disclaimers and limitations and exclusions of liability provided in these terms and conditions will nevertheless survive any such termination.

  1. Pricing
    1. Prices  on website will be default in Australian currency (AUD).
    2. Prices in your local currency is also available on request.
    3. When available, if you process purchase outside Australia, our Third Party Payment Service Provider may convert total purchase value into your local currency, subject to countries availability.
    4. All prices displayed on website are on a GST inclusive basis. The applicable amount of GST or other taxes will be noted detailed on any quoting and invoicing document.
    5. We reserve the right to adjust prices if and when necessary prior to acceptance of any orders.
    6. We may vary any prices on this website at any time without notice to you.

  1. Ordering goods & Acceptance
    1. This website and the information on it constitute an invitation to treat and not an offer by us to supply goods. When you submit an order to purchase goods from us, this constitutes an offer from you to buy those goods in accordance with these terms and conditions.
    2. No contract for the sale and purchase of those goods shall be formed between you and us until we process your order payment and send you an order confirmation. We will endeavour to notify you whether we have accepted or rejected your order and, if applicable, to confirm the delivery details for your order within 3 Business Days after receiving your order. Order confirmation will be sent in form of an email and also by phone or mail when necessary.
    3. For customised items and special orders those are not available on website, you can directly contact us to clarify your requirements. You must provide all required information (including your name and physical address). We then send order confirmation to you if we accept the order. In this case,  no contract for the sale and purchase of those goods shall be formed between you and us until we receive your deposit receipt for the order.
    4. By submitting an order to us you agree to be bound by all our Policies.

  1. Goods Buy Back
    1. We offer a buy back policy on diamonds and a wide range of our jewellery sold to you, subject to meeting the requirements of our buy back policy.
      1. For loose diamond goods, all criteria below need to be met:
  • Shape: Round Brilliant
  • Carat: From 1.00 carat and above
  • Colour: D, E, and F
  • Clarity: FL (Flawless), IF (Internal Flawless), VVS1 (Very Very Small Included 1)
  • Cut: Excellent
  • Polish: Excellent
  • Symmetry: Excellent
  • Flourescence: None
  • Certified Association: Gemological Institute of America (GIA)
      1. For jewellery goods, all criteria below need to be met:
  • Precious metal: Platinum 950 or higher, Gold 18K or higher, include White Gold, Yellow Gold and Rose Gold.
  • Pre-tax value: from AUD$3000 and above
      1. Buyback Policy do not apply to any other jewelleries and loose gemstones than diamond, platinum and gold.
    1. Buy back value varies from items to items, and from country to country. Same item may have two different buy back value if they are sold to you in different countries. Accordingly, buy back value will be decided by us on specific case. In general:
      1. Diamond buyback value varies between 50% and 75% from case to case, depend on item condition and what country we initiate the transaction.
      2. Jewellery buyback value is between 50% and 70% of the original pre-tax value, or 65% value of gold content based on current market price, decided by us when accept your order.
    2. We are bound by 15 Year Limited Buyback policy, we will accept eligible buyback offer from you. Eligible offer means:
      1. You are the legal owner of the item with concrete evidences, such as your name on purchase invoice or inherited will from previous owner.
      2. The item is saleable, can be in acceptable wear and tear condition.
      3. The item have all paperwork, including invoices, grading report or good report.
    3. We reserve the right to refuse your buyback offer, hence is deemed to no longer bound by 15 year Limited Buyback policy, if the item is partly or fully damaged or altered, either chemically and/or physically, and/or the item characteristics and quality are no longer the same as written one original item quality certificate, i.e. grading report or tax invoice.
    4. You have to bear all the additional costs raised from buyback process, such as postage fee, insurance fee, revalueing fee and recertifying service fee when necessary.

  1. Good Upgrade

7.1 Upgrade Policy for diamond purchase:

7.1.1 We have diamond upgrade policy applies to any diamonds purchased from us which the quality satisfies all featured requirements below:

  • Shape: Round Brilliant
  • Carat: From 0.5 carat and above
  • Colour: D, E, F, G, H, I
  • Clarity: FL (Flawless), IF (Internal Flawless), VVS1 (Very Very Small Included 1)
  • Cut: Excellent
  • Polish: Excellent
  • Symmetry: Excellent
  • Flourescence: None
  • Certified Association: Gemological Institute of America (GIA)
      1. Your diamond must be in its original condition with the original diamond grading report. Any damage to the original diamond will disqualify the diamond from our upgrade program.
      2. Your diamond grading report must be genuine, and in salesable condition. Fee may apply for any torn, damaged report.
      3. Minimum original diamond purchase value from AUD$3,000
      4. Minimum upgrade good value is from 50% or more than original diamond purchase value written on tax invoice;
      5. You will receive credit equal to 100% of the original price toward the purchase of a new diamond.
    1. Upgrade Policy for setting purchase:
      1. The credit value will be based solely on the value of the diamond.
      2. If you wish to set your diamond in current setting and it is still resuable, we will set your new diamond in your original setting.
      3. If your original setting cannot be reused, you have the option of keeping the setting, sell back to us as per Buy Back policy, or accepting a credit as determined by us if the setting does not meet Buy back policy requirement.

  1. Shipping and Delivery
    1. Goods purchased online from this website are eligible for delivery to addresses in Australia and internationally. We use Australia Post to deliver such goods within Australia, and approriate couriers internationally depends on destination.
    2. Company reserves full right to charge or waive shipping and delivery cost on your order. Delivery charge will be calculated based on service fee and rate by third party logistic provider. In general:
      1. For domestic shipping within Australia, any order valued from $200 AUD (GST exclusive) will receive free shipping. Any order below this value enjoy flat rate of $20 otherwise stated.
      2. For international shipping outside Australia, any order valued from $1000 USD or $1500 AUD will receive free shipping. Any order below this value enjoy flat rate of $125 USD or $200 AUD shipping fee.
    3. Once order has been confirmed and payment of your order has been finalised, we will endeavour to dispatch your orders within 3 Business Days unless a different timeframe is specified in relation to a particular good. If we are unable to dispatch your order within this time frame we will endeavour to contact you and advise you of the expected dispatch date.
    4. You may specify delivery instructions for your order (for example, you may authorise the courier to leave the goods in a specified location if you will not be at the delivery address). We will not be responsible or liable for anything that happens to any order that is delivered in accordance with your delivery instructions.
    5. Although we will endeavour to meet delivery timeframes where possible, all delivery timeframes are estimates only and we will not be liable for any loss, expense, or other damage caused by any delay in delivery.
    6.  We retain ownership and title of the goods we supply to you until we have received the full payment of the item. Once your order has been delivered to you (or has otherwise been delivered in accordance with your delivery instructions), as evidenced by confirmation provided to us by courier, you assume full responsibility for and risk in the goods.
    7. Your order delivery method is determinded by the price you order. In reasonable manner, we can assist by providing option to expdite your order with a faster shipping for smaller fee. However, it is not always available for non standard request.
    8. In general, shipping policy includes:
  • Your order is fully insured
  • Customer is advised to inspect package not being damaged, tampered or torn before signing receiving paper.
  • If customer consider package is damaged, do not receive, and contact us within 3 Business Days from delivery day by courier so we can help assist.
  • Signature requirements for delivery:

+ For order totalling AUD$1000 or more, your signature is required, regardless of any waiver you may have with your eer.

+ For orders under AUD$1000, our carrier may require a signature.

  • For exclusive delivery service provided by our delivery team, signature is required and delivery time is needed to be confirmed by receiver.

  1. Availability, Witholding Supply, Rejection and Cacellation of orders
    1. We reserve the right, irrespective of whether or not an order has been accepted and without notice to you, to withhold supply and/or to cancel any obligation it may have to you and we will not be liable for loss of damage resulting directly or indirectly from such action where:
  • We have insufficient Goods to fulfil the order;
  • Goods ordered are no longer available for any reason;
  • You has failed to obligate these Trading Terms or Company’s payment terms
    1. All orders are subject to the availability of goods. We may reject or cancel any order due to unavailability of any good. If for any reason a good is not available, we will endeavour to notify the non-availability on this website. We may revise the range of goods or the specification of any good at any time (save and except for where we have confirmed our acceptance of your order) without notice to you.
    2. Where any good is listed on this website with an incorrect price or with incorrect information, we reserve the right to reject or cancel your order (regardless of whether you have made payment for that order). You acknowledge and agree that we have no obligation to sell any good where that good is listed with an incorrect price or with incorrect information.
    3. Where any good is listed on this website with an incorrect price or with incorrect information, we reserve the right to reject or cancel your order (regardless of whether you have made payment for that order). You acknowledge and agree that we have no obligation to sell any good either online or in-store where that good is listed with an incorrect price or with incorrect information. Where you have already made payment for an order that is subsequently rejected or cancelled by us, we will refund the full amount paid by you in relation to that order.
    4. You may cancel your order any time prior to the time that we process your payment, normally within 24 hours from when you confirm to buy, or before we send order confirmation. Once we have sent out order confirmation to you, you may not cancel that order.

  1. Payment
    1. The price payable by you for orders accepted by us shall be the price quoted on this website for the relevant goods at the time your order is submitted, together with the applicable delivery fees (which are payable in addition to the price of the goods). Except where specifically stated in relation to a particular good, the prices for the goods are stated and are payable in Australian dollars (AUD).
    2. You shall pay for your orders by credit card, debit card or Paypal™ using the online transactions facilities provided at www.aviharmony.com.au or by authorising  to charge your payment card account for the total price of the goods ordered and the applicable delivery fees at the time the goods are dispatched.
    3. If you make a payment by a credit card, at the time the transaction is processed we reserves the right to charge you  a fee of 2.42% for AMEX cards and 2.00% on Visa and Mastercard by local banks or such other amount that we reasonably determines in its discretion to be equal to the merchant service fee or any similar fee payable by us to its transaction acquirer in connection with the transaction.
    4. In the buyback transaction by Credit card and other electronic payments, the number of instalments and processing time is varied by maximum transaction amount allowed by terms and conditions of those payment service providers.
    5. In the buyback transaction by Credit card and other electronic payments, we will pay full amount in one transaction in attempt to minimise transaction fee for you. You will bear all processing and service fees as according to fee & charges information provided by those payment service providers, unless agreed by us.
    6. If there is a problem with your payment (for example, if your payment card transaction is declined), we may contact you to make alternative payment arrangements. You will be liable for all debt collection costs where you fail to make payment for any order when payment is due.
    7. If a payment is to be made is not a Business Day it shall be made on the next Business Day but if the next Business Day falls in the next calendar month it shall be made on the preceding Business Day.
    8. If a payment is required to be done on a particular day and the payment is done after 5.00pm on that day, it will be deemed to have been done on the following day

  1. Custom, Duties and Taxes
    1. Each package that contains a good that you have purchased may be subject to Taxes of the country to which such package is shipped. All such Taxes are your responsibility.
    2. When you purchase a good online from us, you are the “importer of record” and you must comply with all laws and regulations of the country to which such good is shipped.
    3. If you purchase the goods that is delivered to you within Australia, regardless of your residency status, you are responsible to absorb all applicable amount of GST, which we have include in your purchase price and state detailed in your invoice.
    4. You are eligible to claim a refund, subject to certain regulation, of the GST paid on goods bought in Australia and then taken out of Australia. The refund can be claimed at the time of purchase, assisted by Company, valid within 60 days of purchase when Customer depart from Australia on a journey to foreign country, or can be claim at Tax Refund Office at an Australian airport where you depart.
    5.  In addition to the GST above, you are responsible for and shall bear any charges for customs clearance. We have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country so you should contact your local customs authority for further information about such charges. You can refer to our Taxes section to have a general information for taxes for available destinations of our knowledge, yet those information do not reflect accurate amount of total duties, taxes and relevant custom cost you have to pay.
    6. Cross-border shipments may be subject to opening and inspection by customs authorities. In order to facilitate customs clearance and comply with local laws, we may provide certain order, shipment and good information, such as your title, to our international carriers, and such information may be communicated by shipping service providers to customs authorities. Customs authorities may require us to declare the value of the goods you have purchased.
    7. You acknowledge that delays associated with customs clearance procedures may cause our original delivery time frames estimates to be exceeded.

  1. Return, Exchange and Refund

Return

    1. You may only return items sold for those items on which our Return Policy is applicable, usually we notice you on product information page. This applies to most of items we display on our website, unless otherwise stated.
    2. Items those are offered with exclusive inspection, i.e. customer inspect items in person, can not be returned or exchanged.
    3. Item can only be returned by Customer who made a purchase, whose name and address details are on invoice.
    4. All items must be returned in their original, unused, unaltered and saleable condition. Damaged, used or alternated items cannot be returned.
    5. All returns must include all paperworks : the original grading report and/or other appraisals if any, a copy of your shipping confirmation email or order confirmation email in the package.
    6. You can either return item to use:
  • Via insured postage to our warehouse at:

Avi Harmony Pty Ltd

Unit 19 12 – 16 Belmore Street Burwood NSW 2134

  • Alternatively, you can bring the item in person to one of our partner’s store, usually located in shopping malls. Details of return address will be confirmed once you are agreed with this option.
    1. All shipping return charges must be pre-paid. We cannot accept C.O.D deliveries. We require that returned items are insured during delivery (such as Australia Post 'Extra Cover') to safeguard against loss.
    2. In order to be eligible for any return policy and benefit, include ’30 Day Change of Mind’, ’45 Day Change of Mind’, and our Return poliy, return items must be in  as new condition and are accompanied by proof of purchase.
    3. ‘As new condition’ definition is the item must not have been worn; the item must be in pristine condition with no damage, scratches, or signs of wear. Determination of an item matching the definition of 'As New Condition' is at the sole discretion of us.
    4. Special orders and/or customised items are not eligible for any of our return policy.

Exchange

    1. Eligible items for return is also eligible for exchange if the item is similar to exchange items.
    2. ‘Similar item’ is defined as same design item with different available size, or item in different deisgn with same price.
    3. When you request us for an exchange of your purchase, you agree to pay all shipping cost related to the exchange.
    4. Exchange item must be in as new condition with same definition with return item, and all policies and requirements in return section will also apply to exchange cases, unless otherwise stated by us.

Refund

    1. All returns are subject to inspection by our Quality Assurance team before a refund is processed. We refund you the same way that you initially paid for your order excluding any delivery charges within 15 business days of receiving your returned item.
    2. We will pay for any return shipping costs if the return or exchange is the result of our error or the item is damaged or defective from our end.
    3. Refund transaction may take up to 7 business days within Australia and 14 days overseas to complete so that the transaction appears on your bank statement.

  1. Warranties and Guarantee under Australian Consumer Law
    1. All goods purchased from this website 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 for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods replaced if the goods fail to be of acceptable quality.
    2. The goods will not be of acceptable quality if such goods:
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