Terms and Conditions
Last Updated: 25/09/2024
Welcome to Diamond Way! By accessing and using our website or purchasing products from our store, you agree to the following terms and conditions as well as our Returns & Refunds Policy. Please read them carefully.
1. General Information and Terms of Use
These Terms and Conditions govern your use of our website and the purchase of products from Diamond Way. By using our website, you confirm that you accept these terms and that you will comply with them.
- You and Your refer to the user of the Diamond Way website.
- Our, Us, and We refer to Diamond Way Pty Ltd.
- Your access to and use of the Diamond Way website is governed by these terms, along with our Privacy Policy.
- The policies on this website apply specifically to Diamond Way, which operates under the domain name www.diamondway.com.au, as well as other associated Diamond Way websites and online stores.
- You are required to use the www.diamondway.com.au website in accordance with these Terms of Use
2. Prohibited Actions
You must not:
- Use the Diamond Way website for any activities, or post or transmit any information or materials that breach laws or regulations, infringe upon a third party's rights or privacy, or contradict relevant standards or codes.
- Use this website in a manner that interferes with other users, or post or transmit material that defames, harasses, threatens, menaces, or offends any person, or inhibits others from using or enjoying the Diamond Way website.
- Send unsolicited commercial or bulk electronic mail messages to anyone through this website.
- Make fraudulent or speculative inquiries, bookings, reservations, or requests using this website.
- Use another person's account or name without their permission.
- Provide false information when registering or updating your registration details.
- Impersonate another person while using this website.
- Post or transmit any obscene, indecent, inflammatory, or pornographic material, or material that could lead to civil or criminal proceedings.
- Tamper with, hinder the operation of, or make unauthorised modifications to the website.
- Knowingly transmit any virus or other disabling features through the website.
- Attempt any of the above actions or allow another person to do so.
3. Products and Services
3.1 Product Descriptions
We work hard to ensure that our product descriptions and images are accurate. However, we cannot guarantee that all descriptions are free from errors. We do not warrant that the information provided is correct, current, or complete, as it may contain technical inaccuracies or typographical mistakes.
If you receive a product that does not match its description on our website, please reach out to us for assistance. This policy does not limit your rights under the Competition and Consumer Act 2010 (Cth), which may include the right to return a product if it differs from the description, as well as rights to a replacement, refund, or compensation depending on the nature of the discrepancy.
Unless stated otherwise, any accessories shown in product images are not included in the price. We reserve the right to correct any errors found on our website.
Additionally, we may withdraw products from sale at any time and can modify or remove any materials or content on our site without prior notice.
Please note that product photographs are for illustration purposes only. While we strive to ensure they accurately represent the products, there may be variations. Images may also depict additional items for demonstration purposes.
3.2 Pricing
All prices are in Australian dollars (AUD) and include applicable taxes unless otherwise stated. We reserve the right to change prices at any time without notice. Images of products displayed without an accompanying advertised price are not available for sale. We reserve the right to correct any errors published on the website.
4. Third-Party Website Links
Our website may feature links to other sites, content, or resources that are managed by third parties. We do not control these linked websites and cannot be held responsible for their operation, accessibility, or content. These links are provided for your convenience, and their inclusion does not signify our endorsement of the linked site. You assume all risks when accessing these external websites.
We also retain the right to block third parties from linking to our website.
5. Ordering and Payment
5.1 Placing an Order
By placing an order through our website or in-store, you are making an offer to purchase a product. We will confirm acceptance of your order via email.
5.2 Payment Methods
We accept various payment methods, including credit cards and online payment systems. You agree to provide accurate payment information and ensure that you have the necessary funds.
5.3 Order Cancellation
You may cancel your order provided it has not been shipped. Please contact us as soon as possible to request a cancellation.
5.4 Transaction Refusal
We reserve the right to decline any transaction or service to anyone at our discretion. We will not be held liable to you or any third party for withdrawing any products from our website, modifying or removing any content, refusing to process a transaction, or reversing or suspending a transaction once it has started.
6. Title and Risk of Goods
Ownership of the products transfers to you once payment has been completed. Risk, including loss or damage to the products, transfers to you upon delivery or at the time of collection, whichever applies.
7. Shipping and Delivery
7.1 Shipping
We offer shipping to various locations. Shipping costs will be calculated at checkout.
7.2 Delivery Times
While we strive to deliver your order promptly, delivery times may vary. We are not liable for delays caused by circumstances beyond our control. Diamond Way cannot and will not accept responsibility for delivery failures or delays by our third party delivery contractor.
7.3 In-Store Pickup
You may choose to pick up your order at our physical store. You will receive an email notification when your order is ready for pickup. Orders designated for pickup at a Diamond Way store must be collected within 21 days of receiving the email notification that your order is ready. If your order is not collected within this timeframe, Diamond Way reserves the right to reallocate those items to another customer and reorder the goods for you.
When picking up your items, please present the following:
- A copy of your order confirmation email.
- The credit or debit card used for the purchase. The name on the card must match the details on the original tax invoice (order confirmation email).
- A valid photo ID, such as a driver’s license, to confirm your identity. This ID must match the billing name and address associated with the order.
We will only release goods if we can verify that the person collecting the items is the original purchaser. Failure to follow this procedure may result in the store refusing to release your order.
8. Returns and Refunds
We accept returns within 30 days of purchase. Items must be unused and in their original, undamaged packaging. Our full Returns & Refund Policy can be found here.
9. Privacy Policy
Your privacy is important to us. Please refer to our Privacy Policy for information on how we collect, use, and protect your personal information.
10. Limitation of Liability
To the fullest extent permitted by law, Diamond Way shall not be liable for any direct, indirect, incidental, or consequential damages arising from your use of our website or the purchase of our products.
11. Governing Law
These Terms and Conditions are governed by the Australian Consumer Law (ACL). Any disputes arising from these terms will be subject to the exclusive jurisdiction of the exclusive jurisdiction of the courts of Victoria, Australia.
12. Changes to Terms and Conditions
We reserve the right to update these Terms and Conditions at any time. Changes will be posted on our website, and your continued use of our site constitutes acceptance of the new terms.
13. Contact Us
If you have any questions or concerns regarding these Terms and Conditions, please contact us
By using our website or purchasing our products, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.
Promotional Terms and Conditions:
BIG DEALS, FOR THE BIG GAMES
Promotion Period: September 25, 2024 – October 6, 2024
Offers:
- DEAL #1: Get a FREE OX BLADE TWIN PACK with the purchase of any Brick or Block Saw. The free item will be added at checkout.
- DEAL #2: Buy a Brickstorm Mixer and Fugly Barrow and save $200. The discount will be applied at checkout.
- DEAL #3: Receive a FREE CARRY BAG with your Quikpoint Mortar Gun purchase. The free item will be added at checkout.
- DEAL #4: Buy an EasyMix Mixer and a Square Barrow and SAVE $106. The discount will be applied at checkout.
- DEAL #5: Purchase an Arbortech Cordless Kit and SAVE $50. The discount will be applied at checkout.
Terms and conditions that apply to each deal:
- Offers are available while stocks last.
- Pricing is subject to change.
- Not valid in conjunction with any other offers.
- We reserve the right to terminate the promotion at any time.
- Delivery fees may apply.
- Prices include GST.
- Offers are available both online and in-store during the promotional period.