Terms & Conditions
Welcome to the Ziba Collection (ACN 152 536 519, ABN 83 152 536 519).
This site is owned by and its content published by Ziba & Co Pty Ltd ACN 152 536 519, ABN 83 152 536 519 which trades as Ziba Collection.
These Terms and Conditions set out the terms on which you may use this website.
By using this website, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not accept these Terms, please do not use this website.
These Terms and Conditions govern your use of, and any purchase from the Ziba Collection Site, and constitute an agreement between you and Ziba Collection.
Ziba Collection reserves the right to change or modify any of these Terms and Conditions or any policy or guideline of the Site at any time, and in its sole discretion. Any change or modification will be effective immediately upon posting of the revisions on the Site. Your continued use of the Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review these Terms and Conditions and any other applicable policies to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, you must stop using this website.
Collection Of Personal Information
Ziba & Co Pty Ltd ACN 152 536 519 trading as Ziba Collection respects the privacy of your personal information. This Privacy Statement explains, in general, the terms of our policy for protecting the privacy of your personal information.
We collect personal information, directly from you when we provide you with our goods and services. In this policy, 'personal information' means any information relating to an identified or identifiable individual. Generally, this will be collected by us when you deal with us either in person, by telephone, letter, facsimile, email, social media or when you visit our website. We may request information about you when you purchase or make enquires about our goods and services, register for promotions, visit our office in person or collections point or when you request other information from us.
We own and operate this website.
All text, graphics, logos, icons, images, artwork, audio, video clips and software are our property or licensed by us, and are protected by Australian and international intellectual property laws, including copyright.
You may only use this website for your personal and non-commercial purposes. Except to the extent permitted by relevant law, you may not use, copy, modify, transmit, store, publish or distribute the material on this website or create any other material using materials on this website, without obtaining our prior written consent.
We may provide you with an account login (including a username and password) to verify your identity when you use this website. You must ensure that your account details are complete and accurate when submitted to us, the information that you have given are true and correct, and you must keep your account details up-to-date. You agree to not impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity. Your username and password are personal to you and you must at all times keep your username and password secure and confidential and not disclose them to any third party. You agree that you are solely responsible for any use of the website by any person using your username and password (including any purchases made via this website). You also agree to release and indemnify Ziba Collection 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). If you are under 18 years old, you may use this website only with the involvement of a parent or guardian. We reserve the right to refuse service, terminate accounts, remove or edit content or cancel orders in our sole discretion.
Comment And Suggestions
We appreciate hearing from our customers and welcome your comments and suggestions regarding our website and the products we offer for sale, provided that- such comments and suggestions are not illegal, threatening, obscene, invasive of privacy, defamatory, infringements of intellectual property rights or otherwise objectionable or injurious to third parties and do not contain or consist of viruses, commercial solicitation, chain letters, political campaigning, mass mailings or any form of 'spam.' You may not use a false email address, impersonate any person, or otherwise mislead us as to the origin of any comment or suggestion. If you do submit comments or suggestions, you should be aware that our policies do not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those that we have specifically requested. We value your feedback on our products and service, however, request that you be specific in your comments and not submit creative ideas, inventions, suggestions or materials. Any feedback, comments or suggestions that you do send to us will become our property and shall not be subject to any obligation of confidentiality on our part. We will not be liable for any use or disclosure of any such comments, feedback or suggestions. We shall be entitled to unrestricted use of any such comments, feedback or suggestions for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person who submitted the information.
Links To Other Sites
This website may contain links to other websites (linked websites). Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or accuracy of other websites and cannot guarantee that such websites will not change without our knowledge. The linking of any other websites to this website should not be construed as an endorsement of those other sites or their products and services. If you decide to use any links to access other websites, we accept no liability if you suffer any loss or damage as a result of using them.
Except as otherwise specified, we may amend these Terms and Conditions at any time without notice to you by posting amended Terms and Conditions on the website. The amended Terms and Conditions will take effect immediately when they are posted on the website.
We may terminate this agreement, your registration with or ability to access this website and/or any other service provided to you by us and any other agreement between us, immediately if you breach any of these Terms and Conditions.
No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended to be created between you and us by these Terms and Conditions.
We will not be liable for any delay in performing any of our obligations under these Terms and Conditions. If such delay is caused by circumstances beyond our reasonable control and we are entitled to a reasonable extension of time for the performance of our obligations in such circumstances.
If we do not act in relation to a breach by you or others of these Terms and Conditions, this does not waive our right to act with respect to subsequent or similar breaches.
These Terms and Conditions are current as at 1 January 2017.
We take all reasonable efforts to ensure that descriptions and specifications for products listed for sale on our website are as technically accurate as possible. Whilst we take reasonable care to ensure that product images shown on the website are an accurate representation of the actual product it is inevitable that in the course of reproducing images on our website the product may appear smaller or larger than actual sizes. Colours we use, as well as the display and colour capabilities of your computer monitor, will affect the colours that you actually see on your screen. We cannot guarantee that your monitor's display of any product texture, colour or detail and finish will be accurate. In addition, we do not warrant that the product descriptions or other content are accurate, reliable, complete, current or error-free. While we make every effort to ensure that our products are described and priced accurately, in the event that an item is deemed to be priced incorrectly, we reserve the right to refuse the sale of that item.
If a product we offer is not as described, your sole remedy is to return it to us in unused condition. Data including prices may be inaccurately displayed on our Site due to the system or typographical errors. While we make every attempt to avoid these errors, they may occur. We reserve the right to correct any and all errors when they do occur, and we do not honour inaccurate or erroneous prices. If a product's listed price is lower than its actual price, we will, at our discretion, either contact you for instructions before shipping the product or cancel the order and notify you of such cancellation. If the order has been shipped, you agree to either return the product or pay the difference between the actual and charged prices. Our prices are also subject to change without notice.
We take all reasonable steps to ensure that all products advertised on the website are available however we do not guarantee the availability of any product.
Whilst we use the latest in encryption technology software for transactions with our customers, we will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner. We utilise a combination of physical and electronic security technologies, procedures, and organisational measures to help protect your personal information from unauthorised access, use or disclosure. Although we strive to safeguard your personal information, we cannot guarantee or warrant the security of any information you disclose or transmit to us.
You indemnify us and our officers, employees and agents against all losses, costs, damages, claims and expenses arising from:
- Any breach of these Terms and Conditions by you;
- Any act or omission by you or an officer, employee or agent of you; or
- Any claim, action, demand or proceeding by a third party against us or our officers, employees or agents caused or contributed to by you or an officer, employee or agent of you.
Best Price Promise
As part of our commitment to providing you with the best available price, we will beat any genuine price available for a comparable product provided by Australian registered businesses. We have the absolute discretion to refuse to accept a quote. Please note- verbal quotes are not accepted we request that you provide to us a written quote.
For the avoidance of doubt:
Available means that the other comparable product is genuine and available to be purchased at the time you present the price to us. If the comparable product is not available, we will offer you the best available alternative product that will suit your requirements. Comparable product means a product that:
- Is manufactured with the same quality and weight of gold; and
- Contains diamonds with the same diamond grading certification, colour, clarity, cut and carat weight.
If you change your mind within 24 hours after you have placed your online order, you can cancel your order and have the deposit returned to you. On the day after the end of this time period, we will start manufacturing the goods and we will not accept any cancellations after this time.
Disclaimer Or Warranties and Limitation Of Liability
This website is provided by us on an "as is" basis.
We make no representations or warranties of any kind, express or implied, as to the operation of this website, its content or any of the products made available on the website.
You agree that your access to, and use of the website is at your own risk and that to the maximum extent permitted by law, we disclaim all representations and warranties (whether express or implied).
We do not warrant that this website, its servers, or email sent from us are free of viruses or other harmful components. We will not be liable for any damages of any kind arising from your use of this site, including, without limitation, indirect, incidental, punitive or consequential damages.
You agree to defend, indemnify and hold Ziba Collection, its independent contractors, service providers and consultants, and their respective directors, employees and agents harmless, from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any content you post, store or otherwise transmit on or through our website or your use of or inability to use our website, including without limitation any actual or threatened suit, demand or claim made against Ziba Collection and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to the content, your conduct, your violation of these Terms and Conditions or your violation of the rights of any third party.
Limitation Of Liability
In no event shall Ziba Collection, its directors, members, employees or agents be liable for any direct, special, indirect, or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits, or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of our site, the products and services, or the content contained in or accessed through our site, including without limitation any damages caused by or resulting from reliance by user on any information obtained from Ziba Collection, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to Ziba Collection's records, programs or services.
If any of these Terms and Conditions is invalid or unenforceable, it will be struck out, and the remaining Terms and Conditions will remain in force.
Except as required by law or otherwise specified by us, you must provide any notices to us by email to email@example.com . We will provide any notices to you by email to any email address provided by you. Notices will be taken to have been received 24 hours after the email is sent unless the sending party receives notice that the address is invalid or that the email has not been received.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New South Wales, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and waive any right that you may have to object to an action being brought in those courts.