Terms & Conditions

Terms of Use

These Terms of Use (“Terms of Use” or “Agreement”) govern the use of www.dviofficial.com.au (the “Site”) by all visitors to the Site. As such, these Terms of Use constitute a binding agreement between you, as a user of the Site (“you” or “user”), and DVI and/or its affiliated entities(collectively referred to as “DVI,” “us,” “we,” or “our”)("DVI", the "Site").  By using the Site, you agree at all times during your use to abide by these Terms of Use and any additions or amendments.  Therefore, we ask that you please read these Terms of Use carefully prior to enjoying the Site.  Please know that these Terms of Use do not create a confidential relationship between you and us.

Your use of the Site is also subject to our Privacy Policy. Therefore, please also review the Privacy Policy carefully prior to using the Site.  In the event that there is any conflict between the provisions within these Terms of Use and the provisions within the Privacy Policy, the provisions of the Privacy Policy will apply.

Processing and Disclosure of Information

We want to ensure all users of the Site that the information collected is processed and disclosed in line with these Terms of Use and the Privacy Policy.  In addition to considering the provisions of these agreements, we ask that you review the below terms, which apply to the processing and disclosure of information collected via the Site.

The information that you provide to the Site will be added to our database. In the course of processing your information, information may be shared with third party service providers for the purposes outlined within these Terms of Use. Situations in which DVI may disclose your information to third parties include:

  • when we have received your consent to do so;
  • in situations where sharing or disclosing your information is required in order to offer you services requested by you;
  • when companies or service providers that perform business activities on behalf of DVI require such information (e.g., customer support services, payment processing services, or database management services);
  • to comply with legal or regulatory requirements or obligations in accordance with applicable law or court order;
  • in order to provide information that will enable us to make our services and those of our trusted partners more effective;
  • to third parties as part of any corporate reorganization process including, but not limited to, mergers, acquisitions, and sales of all or substantially all of our assets; or
  • to protect against potential fraud, we may verify with third parties the information collected from the Site.

If information is shared as mentioned above, we seek to limit the scope of information that is furnished to the amount necessary for the performance of the specific function. Unless otherwise required, we attempt to ensure third parties protect your information and abide by applicable privacy laws and regulations.  For more information regarding our use and sharing of the information you provide on this Site, please visit our Privacy Policy.

Implied Permission

Please note that, while DVI may seek your consent regarding certain uses of your information, it may not do so in all instances.  For example, in some cases your permission will be implied from the nature of the service requested or transaction undertaken. For instance, DVI may disclose your information to mail carriers or credit card processors in order to provide a product or fulfill a service to you. In instances like this, because the use of your information is necessary to complete the service, your permission for these uses is implied.

International Transfer of Information

If you choose to provide us with personal information, DVI may transfer that information to its affiliates and subsidiaries or to other third parties, across borders, and from your country or jurisdiction to other countries or jurisdictions around the world. If you are visiting from the European Union or other regions with laws governing data collection and use that may differ from UK law, please note that you are transferring your personal information to the UK which does not have the same data protection laws as the EU and by providing your personal information you consent to:

  • the use of your personal information for the uses identified above in accordance with this privacy policy; and
  • the transfer of your personal information to the UK as indicated above.

Use of and Comments to Material

If you disagree with any material you find on the Site, we recommend that you respond by noting your disagreement in an appropriate site forum where there is one. We also invite you to bring to our attention any material you believe to be factually inaccurate by contacting us through Contact us page.

The material that appears on the Site is for informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before you act on information you've found on the Site, you should confirm any facts that are important to your decision. DVI and its information providers make no warranty as to the reliability, accuracy, timeliness, usefulness or completeness of the information on the Site. DVI is not responsible for, and cannot guarantee the performance of goods and services provided by our advertisers or others to whose sites we link. A link to another website does not constitute an endorsement of that site (nor of any product, service or other material offered on that site) by DVI or its licensors.

Product Availability and Pricing

Due to product demand and changes in product availability, including as a result of our discontinuing certain products as determined by us in our discretion, product availability through DVI is not guaranteed. This applies even for products that you may have purchased previously through DVI. You can contact a customer service representative through the Contact Us page to determine product availability.

Prices for products offered through DVI are subject to change as determined by us in our discretion.  Such pricing policy applies to all products, including products that you may have purchased previously through DVI.

Estimated Delivery

Sometimes with the volume of orders we receive, we are unable to fulfill the order in the estimated time. If this happens, we will attempt to notify you of the delay. While we make every attempt to avoid delays we do not guarantee delivery dates.

Pricing

The price of our products is based on the latest market values for precious metals and gems. We are constantly trying to pass our savings on to you with the various sales we offer throughout the year but we are unable to offer post-order price matching or post sales prices because our prices are based on the best prices we are able to get for you at the time. The price you paid when you placed your order was the lowest price we were able to offer at the time. In the same manner, we cannot extend a sale once it has ended. We do not negotiate prices on our products and all our prices are final. Our prices are subject to change without notice. Items in your shopping cart and Wish list will always reflect the most recent price displayed on the item's product detail page. This price may differ from the price shown for the item when you first placed it in your cart. Placing an item in your cart or Wish list doesn't reserve the price shown at that time.

DVI coupon and/or promo codes are subject to expire without notice. DVI will not accept expired coupons and/or promo codes even if they are linked from third party sites.

PROMOTIONS AND COUPONS

Coupons and/or Promo codes are applied to the full order in the cart and will be applied to:

  • the original price of the items, or
  • the original price of the item less the multi-level discount

Intermediate markdowns may have been removed in order to apply the multi-level discount to the full order.

Coupons and/or Promo codes will not be applied to bundled items or premium gifts.

Coupons and/or Promo codes may not be combined with any other offer and cannot be applied to:

  • sale items, or
  • One and Only Signature Collection items

Typographical Error

Data, including prices, might be inaccurately displayed on our Site due to system or typographical errors. While we make every attempt to avoid these errors. We reserve the right to correct any and all errors when they do occur, and we do not honor inaccurate or erroneous prices. If a product's listed price is lower than its actual price, we will either contact you for instructions before shipping the product or cancel the order and notify you of such cancellation. If your credit card or payment method has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to the account in the amount of the charge.

Refund & RETURNS

DVI produces the highest quality jewelry and stands by each and every item we sell. Ready to Ship jewelry (non-personalized including block jewelry) may be returned within 30 days of purchase for a refund or exchange. Please be aware that we can not refund for personalized items unless it's defective, or lost on the way. We will ship another one free of cost. To get the best quality, please send us the high quality images at info@dviofficial.com.au

Orders for personalized jewelry are final sale only and can only be cancelled or altered within 24 hours of purchase due to the customization of the item. However, if you are unhappy with your custom jewelry for any reason, we will repair or remake the piece to your satisfaction.

To return an item (if applicable)

General Return Policies

1.  Contact our Customer Service to initiate the return process within 7 days upon receiving your item(s).
Please note that we only accept products in their original condition, and we cannot process any products that are returned without our prior knowledge. If you wish to return any or all parts of your order, you will need to contact customer service at info@dviofficial.com.au and provide us with the details of your order and a description of any issues and the reason for the return with a high quality picture of the item.. All the return item(s) will go through inspections.

After your return has been received, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.
If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days. Please allow 2-3 weeks for us to review your item(s), repair or remake if necessary and deliver the item back to you. Please note that any replacement cannot be made or shipped until we have received the original item(s) complete in the original packaging. All returns must be received within 10 days of issuance of the return merchandise authorization.

  1. Mis-shipped products: Once we have confirmed your mis-shipped items (item shipped different from item ordered), we will be responsible for the item exchange and postage. You may also return the product and get a full refund including postage.
    3.  Color Errors: If the color of the item received is not what was ordered, you are qualified to get a full refund.

 

Shipments and Applicable Duties and Taxes

Depending on the country to which you instruct us to ship your order, your order may be subject to import taxes, customs duties and fees and/or other similar types of governmental taxes, duties or fees (collectively, “Duties and Taxes”). You are responsible for the payment of all such Duties and Taxes, irrespective of when you are billed or charged for Duties and Taxes. We have no control over these charges as customs policies vary widely from country to country. When you place an order for which Duties and Taxes are applicable, the calculation of the Duties and Taxes payable by you may not occur until after you have placed your order. This means that the first time you learn about the amount of the Duties and Taxes charged to you may not be until you receive your credit card statement or your receipt from us with your shipment. In some cases, the calculation of Duties and Taxes may cause a shipping delay beyond our original delivery estimates.

Notice and Procedure for Making Claims of Copyright Infringement

Notifications of claimed copyright infringement must be sent to Service Provideron ip@DVI.

To be effective, the notification must be a written communication that includes the following:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
  6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

We may give notice to our users by means of a general notice on any of our websites, electronic mail to a user's e-mail address in our records, or written communication sent by first-class mail to a user's physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:

  1. Your physical or electronic signature;
  2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
  3. A statement from you, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
  4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a UK Court for the judicial district in which your physical address is located, or if your physical address is outside of the UK, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

User Generated Content

From time to time, we may permit you to submit photographs, videos, and other user generated content (collectively, “UGC”).  In submitting such materials, you agree to the following terms and conditions: For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, you grant DVI, DVI’s joint venture partners, vendors, distributors, and the parents, affiliates, subsidiaries, agents, licensees, successors and assigns of all of the foregoing (collectively, "DVI Parties") a non-exclusive, perpetual, royalty-free, fully paid up license to make use of and distribute your UGC submitted hereunder, as well as your name, voice, likeness and appearance therein (if any) and the personally identifying information you provide on or in connection therewith (collectively, the "Submission"), as further described below. You acknowledge and agree that you shall not be entitled to share in any revenue that the DVI Parties may or may not earn or generate through its use of your Submission.

DVI Parties' Right to Use Your Submission. You grant the DVI Parties the non-exclusive right to edit in any manner, and to use and distribute and license others to use and distribute, your Submission, or any portions, reproductions or versions thereof, on the websites, products and/or services (in any and all media, now known or hereafter invented, including without limitation radio broadcast, television, home video/DVD products, and mobile services) of the DVI Parties, an unlimited number of times, in perpetuity, throughout the world, with or without charge or cost to end-users or other third parties. You also grant the DVI Parties the right to use and distribute, and license others to use and distribute, your Submission in the promotion of such websites, products and/or services, to the same extent permitted for use and distribution of your Submission hereunder.

Clearance of Your Submission for the DVI Parties' Use. You represent and warrant that your Submission is your original work and that you have secured any and all rights, releases and permissions necessary for the DVI Parties' use and distribution of your Submission hereunder, including without limitation those related to any people, places, music, performances of dance or music, video, photographs and/or graphics in your Submission (collectively, the "Elements"). You represent and warrant that, to the best of your knowledge, no further permissions or fees are due for the DVI Parties' use and distribution of your Submission or any Elements therein. You further represent and warrant that any statements made by you or others in the Submission are true to the best of your knowledge and that neither they, nor any Element of your Submission, will violate any law or regulation or violate or infringe upon the rights of any third party.

Waiver of Right of Approval. You hereby waive any right of inspection or approval of your Submission as used and distributed by the DVI Parties, including without limitation any approval of your appearance and/or use of your name therewith or the uses to which either may be put.

Release and Waiver; Indemnification. You acknowledge that the DVI Parties will rely on the foregoing terms and conditions potentially at substantial cost to them, and you hereby waive the right to assert any claim of any nature whatsoever against any party relating to the exercise of the rights and permissions granted hereunder. You agree to indemnify, defend and hold harmless the DVI Parties from any and all claims arising from their use and distribution of your Submission as permitted herein.

Community and Social Media Sites, Chat Rooms, Forums, and Blogs

DVI wants to encourage an open exchange of information and ideas through the Site, but we cannot and do not review every posting made on DVI’s community and social media sites, or in chat rooms, forums, blogs, and other public posting areas. You can expect these areas to include content, information, and opinions from a variety of individuals and organizations other than DVI. We do not endorse or guarantee the accuracy of any posting, regardless of whether the posting comes from a user, from a celebrity or "expert" guest, or from a member of our staff. There is no substitute for healthy skepticism and your own good judgment.

Responsibility for what is posted on DVI’s community and social media sites, or in chat rooms, forums, blogs and other public posting areas on the Site lies with each user -- you alone are responsible for material you post. DVI does not control the messages, information or other content that you or others may provide through the Site. You may use the Site for lawful purposes only.

By using the Site, you agree not to submit, post or transmit through the Site any material or otherwise engage in any conduct that:
• Violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity, privacy or other proprietary rights;
• Allows you to gain unauthorized access to the Site, or any account, computer system, or network connected to the Site, by means such as hacking, password mining or other illicit means;
• Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortuous, or contains explicit or graphic descriptions or accounts of, sexual acts;
• Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
• Collects for marketing purposes any email addresses or other personal information that has been posted by other users of the Site.
• Impersonates any person, business or entity, including DVI and its employees and agents or falsely states or otherwise misrepresents your affiliation with any person, business or entity, including DVI;
• Contains an advertisement or solicitation or encourages others to make a donation;
• Contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permits the unauthorized use of a computer or computer network;
• Encourages conduct that would constitute a criminal offense or that gives rise to civil liability or that otherwise encourages others to commit illegal activities or cause injury or property damage to any other person;
• Results in the posting or transmission of any message anonymously or under a false name;
• Permits any person to access, using your account, any features of the Site that may require registration;
• Results in a single message being posted to more than five areas of the Site or affiliated web sites, results in any message being posted to any area of the Site if that message is, in our view, off-topic or in violation of these Terms of Use; or
• Violates these Terms of Use, guidelines or any policy posted on the Site, or interferes with the use of the Site by others.

Although DVI cannot monitor all content on DVI’s community and social media sites, or postings in the chat rooms, forums, blogs and other public posting areas, you understand that DVI shall have the right, but not the obligation, to monitor the content of the Site to determine compliance with these Terms of Use and any other operating rules that may be established by DVI from time to time. DVI shall have the right, in its sole discretion, to edit, move, delete, or refuse to post any material, including but not limited to Submissions, submitted to or posted on the Site for any reason, including violation of these Terms of Use, whether for legal or other reasons, or because the material is objectionable or stale. Notwithstanding this right of ours, users shall remain solely responsible for the content of their messages and Submissions. You acknowledge and agree that neither DVI nor any of its affiliates shall assume or have any liability for any action or inaction by DVI with respect to any conduct within the Site or any communication or posting on the Site. DVI also reserves the right to disclose any information that DVI believes necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part.

DVI requires you not to use the Site to violate anyone's copyright, trademark or other intellectual property rights. By posting or submitting any material (including, without limitation, photographs and videos) to the Site, you are warranting and representing that you own or have the right to post or make such submission of the material, or are making your submission or posting with the express consent of the owner, and that no other party has any right, claim, or interest in the material that you have submitted or posted. You also warrant that all moral rights in any material that you submit to us or post have been waived. Submitting or posting material that is the property of another, without the consent of its owner, is not only a violation of these Terms of Use, but may also subject you to legal liability for infringement of copyright, trademark or other intellectual property rights.

Linking

We welcome links to the Site. You are usually free to establish a hypertext link to any publicly available portion of the Site so long as the link does not state or imply any sponsorship or endorsement of your site by our Site or by DVI. However, you should check the copyright notice on the page to which you wish to link to make sure that one of our content providers does not have its own policies regarding direct links to their content on the Site.

No Soliciting or Spamming

You agree not to use the Site to advertise, or to solicit anyone to buy or sell, products or services, nor to solicit anyone to make donations of any kind, without our express written approval.

From time to time, users post their e-mail addresses in our chat rooms, forums, blogs and other public posting areas. You may not gather these e-mail addresses for commercial or illegal purposes, such as sending unsolicited or unrequested e-mail or instant messages.

Disclaimer of Warranties

THIS SITE IS MADE AVAILABLE “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES WHATSOEVER ABOUT THE NATURE, CONTENT OR ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY MATERIAL AT THE SITE AND WITHOUT ANY REPRESENTATIONS OR GUARANTEES. IN ADDITION, DVI MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THIS SITE AND ITS CONTENT WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR USE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

We have no liability whatsoever for the results of submissions of information or requests to this Site or by means of this Site. UNDER NO CIRCUMSTANCES SHALL DVI, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (“REPRESENTATIVES”) BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR OUR SERVICES, EVEN IF DVI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SINCE SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. HOWEVER, IN NO EVENT SHALL DVI’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).

Access and Interference

Much of the information on the Site is updated on a real time basis. By using the Site, you agree not to:

  • Use any robot, spider, scraper or other automatic device, process or means to access the Site for any purpose without our express written permission.
  • Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure.
  • Implement any manual processes to monitor or copy content from the Site without express written permission.
  • Utilize any device, software or routine that will interfere or attempt to interfere with the functionality of the Site.

Remedies

Your access and use privileges of this Site and its content are conditioned upon your adherence to these Terms of Use. DVI has the right to deny you access and use of this Site and its content if you violate (as DVI may determine in its sole and absolute discretion) any provision of these Terms of Use. DVI reserves the right to seek all other remedies available at law and in equity. You agree, at your own expense, to defend, indemnify and hold DVI and its Representatives harmless from any claim or demand, including reasonable attorneys' fees, made by a third party in connection with or arising out of your access to, or use of, this Site or any of its content in a manner other than as expressly authorized by these Terms of Use, your breach of these Terms of Use or your violation of applicable laws or any third party rights.

Links to Other Web Sites

DVI is not responsible or liable for any content presented by or contained on any independent web site, including, but not limited to, any advertising claims or marketing practices. Please note that we cannot control and will not be responsible for the privacy policies of third party web sites. Third party web sites that are accessed through links on our web sites have separate privacy and data collection practices, and security measures. We have no responsibility or liability for the practices, policies and security measures implemented by third parties on their web sites. We recommend that you review the privacy statements and policies of linked web sites to understand how those web sites collect, use and store information.

Updates to the Terms of Use

DVI reserves the right to amend these Terms of Use at any time in order to meet changes in the regulatory environment, business needs, or to satisfy the needs of our customers, distributor partners, and service providers.  When we do, we will also revise the “last revised” date at the bottom of these Terms of Use.

Choice of Law

All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms of Use, or the rights and obligations of the you or DVI in connection with the Site, shall be governed by, and construed in accordance with, the substantive laws of UK without regard to conflicts of law principles. All users consent to the jurisdiction and venue of UK courts.   

Arbitration

By using the Site, you agree that exclusive jurisdiction for any dispute, claim, or demand related in any way to the Site or DVI will be decided by binding arbitration. All disputes between you and DVI of any kind or nature arising out of these Terms of Use or your use of the Site, shall be submitted to the related agency for binding arbitration. The parties agree to share equally in the arbitration costs incurred.

Entire Agreement

These Terms of Use contain the entire agreement between you and us regarding the use of the Site and its content and supersede any and all other agreements between us with respect to matters in these Terms of Use.

Other

No waiver of any provisions in these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision.

Additionally, if any provision of these Terms of Use is found to be void, unlawful or unenforceable for any reason, that portion shall be deemed severable from these terms and shall not otherwise affect the validity and enforceability of any remaining provisions. 

DVI enters into this Agreement on its own behalf and on behalf of each of its worldwide affiliates.  Accordingly, DVI holds the benefit of and may enforce this Agreement on behalf of those affiliates.  DVI reserves the right to pursue any remedy available to it at law or in equity if you breach this Agreement.

The terms of this agreement will be governed by the laws of Australia

We last updated our Terms and Conditions on June 4, 2018.