AFTERPAY AVAILABLE

Terms and Conditions

Welcome to our website. This website with URL address www.diamantinadaughters.com.au is owned and operated by Diamantina Daughters, ABN 62 804 063 586.

The terms ‘us’ or ‘our’ or ‘we’ refers to Diamantina Daughters, the owner of the website, whose registered office is in Queensland, Australia. The term ‘you’ or ‘your’ refers to the website user.

Please read these Terms and Conditions carefully, as together with our Privacy Policy it sets out your important rights and obligations in relation to:

  1. the use of this website 
  2. all services and products provided through this website.

Should you not agree with any of these terms and conditions, please do not use our website.

  1.  Your use of this website is subject to the following terms and conditions:
  • When you visit this website and use our services or purchase our products you agree that you have read these Terms and all related documents and that you are willing to be bound by them.
  • The content of this website is for your general information and use only. It is subject to change without prior notice.
  •  Variation
  • We may update our terms and conditions from time-to-time and the new provisions will apply from the date they are updated.
  •  Disclaimer (General)
  • Whilst every care is taken, Diamantina Daughters does not provide any warranty or guarantee as to the performance, accuracy, timeliness, completeness or suitability of the information and materials found or offered on this website for any particular purpose.
  • You are solely responsible for any results you obtain as a result of using the information on this website.
  • This disclaimer applies to the fullest extent permitted by law and survives any termination or expiration of this agreement or your use of this website or the services found on this website.
  •  Copyright, trademarks and other intellectual property
  • Diamantina Daughters owns the intellectual property rights in all of the content of this website or has permission to use or display the material on this website.
  • You may not use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, or in any way exploit or allow others to exploit any of our website content in whole or in part except as expressly authorised by us.
  • Please email diamantinadaughters@gmail.com if you require permission to reproduce any of the contents of this website.
  • Images and item descriptions posted on this website by third parties are the responsibility of those third parties and may be subject to copyright.
  • You must seek permission from the third party before using any of their content. The names of actual companies and products mentioned on this website may be the trademarks of their respective owners.
  •  Personal use only
  • You may access, download, or print material from the website for your personal use only.
  • Sharing any intellectual property or copyright material from this website for commercial use of any sort, without permission is expressly prohibited.
  • You agree not to change or delete any copyright or proprietary notice from materials downloaded from this website or any site accessible through this website.
  • Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to our website content or our intellectual property.
  •  No unlawful or prohibited use
  • As a condition of your use of this website, you warrant that you will not use this website for any purpose that is unlawful or prohibited by these terms and conditions.
  • You may not use this website in any manner which could damage, disable, overburden, or impair this website or interfere with any other person’s use and enjoyment of this website.
  • You agree not to hack into areas of this website that are not intentionally made available to you.
  • You expressly agree not to:
    • engage in any internal or external spamming, or other similar actions
    • engage in any unlawful or immoral acts, or acts that are in violation of these terms and conditions
    • decompile, reverse engineer, or try to copy or imitate this website or underlying content
    • use the website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus or other malicious computer software.
    • use data collected from the website for any direct marketing activity (including without limitation email marketing, social media marketing, online marketing, SMS marketing, telemarketing, and direct mailing).
    • use data collected from the website to contact individuals, companies or other persons or entities for marketing purposes.
  • You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and not misleading.
  •  Copyright infringement
  • If you believe that there is material on our website that infringes third party intellectual property rights, please email diamantinadaughters@gmail.com with sufficient information to enable us to determine who the owner of the intellectual property is and to remove it from the Diamantina Daughters website if appropriate.
  •  Cookies
  • This website uses cookies to monitor browsing preferences.
  • By using our website or by agreeing to this Terms of Use, you consent to our use of cookies in accordance with the terms of our Privacy Policy.
  •  Third-party links
  • This website may also, on occasion, include links to other websites which are not controlled by us.
  • These links are provided for your convenience to provide you with further information. You acknowledge that they are used at your own risk.
  • Third-party links on our website do not signify that we recommend or endorse the websites.
  • We have no control over the nature, content and availability of those websites.
  •  Website security
  • Diamantina Daughters makes every effort to maintain the security of the Diamantina Daughters website including but not limited to encryption, firewall, antivirus, and spyware protection to the extent that we deem advisable to protect your personal information, the integrity of the website and conduct our business. However, we do not guarantee the security of the website, our records, or your content.
  • Diamantina Daughters disclaims all liability for any computer virus or technological problems that we do not intentionally cause or that is beyond our control. You are advised to install and maintain up-to-date security software on your computer for your further protection.
  • The Diamantina Daughters website is managed by third-party services; therefore, the website may be inaccessible from time to time.
  •  Limitation of Liability
  • Diamantina Daughters will not be liable to you or any other person or entity for any damages whatsoever arising as a result of your use of this website in any way, subject to the requirements of Australian Consumer Law (ACL).
  • Where warranties are implied by law, you acknowledge and agree that the total aggregate liability to us is limited at our discretion to the provision of those services again, or to a refund equal to the total amount paid by you for the particular services that are the subject of the cause of action, even if those services were provided to you without cost.
  • This limitation of liability applies to the fullest extent permitted by law and shall survive any termination or expiration of this agreement or your use of this website or the services found on this website.
  •  Indemnity
  • You agree to indemnify and defend Diamantina Daughters and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any claims, damages, liabilities, costs, or expenses (including without limitation court costs, collection costs, and reasonable legal fees) related to:
    • your unauthorised use of this website, or products or services included or advertised on this website
    • your breach of these Terms of Use
  • Online Store Terms 
  • By agreeing to these Terms and Conditions, you acknowledge that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this website.
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  • Modification to the Service and Prices 
  • Prices for our products are subject to change without notice.
  • We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
  • Diamantina Daughters shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
  •  Products or Services (if applicable)
  • Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only in accordance with our Returns Policy.
  • We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
  • We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case by case basis. 
  • We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us.
  • We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
  • We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.
  • Accuracy of Billing and Account Information 
  • We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.
  • In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided a the time the order was made.
  • We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, reseller or distributors.
  • You agree to provide current, complete and accurate purchase and account information for all purchases made at our store.
  • You agreed to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
  • For more details, please review our Returns Policy.
  •  Optional Tools
  • We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
  • You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement.
  • We shall have no liability whosoever arising from or relating to your use of optional third-party tools.
  • Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar and approve of the terms on which tools are provided by the elevate third-party provider(s).
  • We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions.
  •  User Comments, Feedback and Other Submissions
  • If, at our request, you Send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. 
  • We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
  • We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms and Conditions.
  • You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right.
  • You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or malware that could in any way affect the operation of the service or any related website.
  • You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments.
  • You are solely responsible for any comments you make and their accuracy.
  • We take no responsibility and assume no liability for any comments posted by you or any third-party.
  • Errors, Inaccuracies and Omissions 
  • Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
  • We undertake no obligation to update, amend or clarify information in the service or on any related website, including without limitation, pricing information, except as required by law. 
  • No specified update or refresh date applied in the service or on any related website, should be taken to indicated that all information in the service or on any related website has been modified or updated.
  1. Applicable law
    • This agreement is governed by the laws of the state of Queensland and you consent to the exclusive jurisdiction and venue of courts within the state of Queensland in all disputes arising out of or relating to the use of this website.
    • You may provide notice to us through the contact us page or otherwise by email addressed diamantinadaughters@gmail.com.
    • Diamantina Daughters may provide notice to you via email or other electronic means.
    • Use of this website is unauthorised in any jurisdiction that does not give effect to all provisions of these terms of use, including without limitation, this paragraph. If you are resident in a jurisdiction where the use of this website is unauthorised, it is your responsibility to stop using this website.
    1. Relationship
      • You agree that no joint venture, partnership, employment, or agency relationship exists between you and Diamantina Daughters as a result of this Agreement or use of this website.
      1. Validity
        • If any part of these terms and conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the terms and conditions will continue in effect.
        • These terms and conditions together with our Privacy Policy form the entire agreement between you and Diamantina Daughters.
        1. Feedback, comments or complaints
          • If you have any questions, please email diamantinadaughters@gmail.com. We endeavour to respond to all inquiries within three business days.