Term and conditions
“Carrier” means any person or business contracted by us to carry Goods from us to you.
“Consumer” means any individual who, in connection with this agreement, is acting for a purpose which is outside his business.
“Content” means any content in any form published on Our Website by us or any third party with our consent.
“Goods” means any of the jewellery goods including rings, earrings, braceletes and necklaces which we offer for sale on Our Website, or, if the context requires, goods we sell to you. •
“Our Website” means the entire computing hardware and software installation that is or supports our website. This web site can be accessed at www.skjewellery.co.za
“Post” means display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on to Our Website, and the phrases “Posted” and “Posting” shall be interpreted accordingly.
Article 1 – Our contract with you
1 This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.
2 Each party acknowledges that, in entering into this agreement, he does not rely on any representation, warranty, information or document or other term not forming part of this agreement.
3 Because we rely on our suppliers, we / We do not guarantee that Goods advertised on our website are available.
4 We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Goods. We advise you to print a copy for your records.
5 If in future, you buy Goods from us under any arrangement which does not involve your payment via Our Website; these terms still apply so far as they can be applied.
Article 2 – Acceptance of your order
1 Your order is an offer to buy from us. Nothing said or done by us is an acceptance of an order until we confirm acceptance in writing, referring to the order.
2 Your order is an offer to buy from us. We shall accept your order by e-mail confirmation. That is when our contract is made. Our message will also confirm details of your purchase and tell you when we shall despatch your order.
3 If we do not have all of the Goods you order in stock, we will offer you alternatives. If this happens you may:
(a) accept the alternatives we offer;
(b) cancel all or part of your order.
Article 3 – Price and Payment
1 It is possible that the price may have increased from that posted on our Website. If that happens, we will not send your order until you have confirmed that you wish to buy at the new price.
2 Banking charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than South African rands will be borne by you.
3 Any information given by us in relation to exchange rates are approximate only and may vary from time to time.
4 If, by mistake, we have under-priced an item, we will not be liable to supply that item to you at the stated price, provided that we notify you before we dispatch it to you.
5 The price of the items does not include the delivery charge which will be charged at the rates applicable at the date you place your order and which will be displayed on a page of Our Website before we ask you to pay.
6 If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 30 (thirty) days from the date when we accept that repayment is due.
Article 4 -Security of your credit card
1 We take care to make Our Website safe for you to use. Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
2 If you have asked us to remember your credit card details in readiness for your next purchase or subscription, we will securely store your payment details on our systems. These details will be fully encrypted and only used to process your automatic payments or other transactions which you have initiated.
3 Our site is secured with Digicert SSL – the latest SSL encryption technology as evidenced by the green padlock in your browser address bar.
Article 5-Cancellation and exclusions – This paragraph applies if and only if, you are a consumer as defined in the Electronic Communications and Transactions Act 2002.
1 You may cancel your order at any time before we despatch your order or before the expiry of 7 (seven) days from the date you receive your order, not including the day you received it.
2 No term in this agreement shall take effect to reduce or remove any right you have under any law on account of your status as a consumer.
3 As required by the Electronic Communications and Transactions Act 2002 details of our after-sales service and guarantees, if any, are given on our website/in our catalogue. 4 »» You may cancel your order at any time before we have despatched the Goods. If you do, we will refund to you the price of the Goods and any delivery charge.
5 After we have despatched the Goods, you may cancel your order provided that you notify us within 48 hours of receipt and return the Goods to us within7(seven) days. If you do, we will refund to you the price of the Goods, if any.
6 If you cancel your order after we have despatched the Goods, you must return them to us in the same condition in which you received them. We cannot refund your money if the Goods have been used, worn or damaged.
7 You are responsible for the cost of returning them. We are not obliged to refund to you your cost of re-packing and returning the Goods.
8 To assist us in identifying your Goods on receipt by us, we ask you to telephone +27 619934420 for a returns reference to be placed below our address/returns label.
9 We will refund your money within 30 (thirty)days of receipt by us of the returned Goods.
10 The Law expects an expert to help a buyer to avoid buying a product which may be unsuitable in some way. We are retailers. You alone must decide whether a product is suitable for your requirement.
11 This paragraph does not affect your rights in the event that the Goods are faulty.
Article 6 -Delivery and pick up
1 Deliveries will be made by the Carrier to the address stipulated in your order. You must ensure that someone is present to accept delivery.
2 If we are not able to deliver your Goods within 10 (ten) days days of the date of your order, we shall notify you by e-mail to arrange another date for delivery.
3 We may deliver the Goods in instalments if they are not all available at the same time for delivery.
4 Goods are sent at our risk until signed for by you or by any other person at the address you have given to us.
5 All goods must be signed for on delivery by an adult aged 18 years or over. If no one of that age is at the address when the delivery is attempted the goods may be retained by the driver. When your Goods arrive it is important that you check immediately the condition and quantity. If your Goods have been damaged in transit, you must refuse the delivery and contact us so that we may dispatch a replacement quickly and minimise your inconvenience.
6 Signing “Unchecked”, “Not Checked” or similar is not acceptable.
7 If we agree with you to deliver on a particular day or at a particular time, we will do our best to comply. But no time given is to be treated as contractual. So we are not liable to you for any expense or inconvenience you incur on account of delayed delivery or non-delivery.
8 Time for delivery specified on the Order, if any, is an estimate only and time shall not be of the essence.
Article 7 -Foreign taxes and duties
1 If you are not in the Republic of South Africa, we have no knowledge of, and no responsibility for, the laws in your country.
2 You are responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.
Article 8 – Goods returned
These provisions apply in the event that you return any Goods to us for any reason:
1 We do not accept returns unless, there was a defect in the Goods at the time of purchase, or we have agreed in correspondence that you may return them.
2The Goods must be returned to us as soon as any defect is discovered.
3 So far as possible, Goods should be returned:
a) with both goods and all packaging as far as possible in their original condition;
b) securely wrapped;
c) c including our delivery slip;
d) d at your risk and cost.
4 You must tell us by email message, indicating you that you would like to return Goods, specifying exactly what Goods and when purchased, and giving full details of the defect or other reason for return. We will then issue a returns note. If you send Goods to us without a returns note, we may not be able to identify sufficient details to enable us to attend to your complaint.
5 In returning a faulty item please enclose with it a note clearly stating the fault and when it arose.
6 If delivery was made to a Republic of South Africa address, you are also protected by the Consumer Protection Act 2008.
7 If we agree that the item is faulty, we will:
a) replace the item but you pay 50% of the carrier fees.
Article 9 -Disclaimers
1 Conditions, warranties or other terms implied by the law of any country other than the Republic of South Africa are excluded from this agreement to the fullest extent permitted by law.
2 We or our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the Goods, at any time and without advance notice.
3 You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention, any that you find.
4 We give no warranty and make no representation, express or implied, as to:
a) the quality of the Goods;
b) any implied warranty or condition as to merchantability or fitness of the Goods for a particular purpose;
c) the correspondence of the Goods with any description; d »»» the adequacy or appropriateness of the Goods for your purpose;
d) the truth of any Content on Our Website;
e) compliance with any law; g »»» non-infringement of any right.
5 We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the purchase of Goods.
6 Except in the case of liability for personal injury or death, our liability under this contract is limited, to the maximum extent permitted by law, to the value of the goods or services you have purchased.
Article 10 -Your account with us
1 You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods.
2 If you use Our Website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your computer.
3 You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.
Article 11 – Indemnity
You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of Our Web Site, your posting any Content, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.
Article 12 – Intellectual Property
1 We will defend the intellectual property rights in connection with our Goods and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
2 Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
3 You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person.
4 Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.
Article 13 – System Security
1 We will do our best to maintain Our Website so that you have constant use, but there will be times when your use may be interrupted.
2 You agree that you will not, and will not allow any other person to violate or attempt to violate any aspect of the security of Our Website.
3 You may not use any software tool for the purpose of extracting data from our website. You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
Article 14 -Miscellaneous matters
1 No amendment or variation to this agreement is valid unless in writing, signed by each of the parties or his authorised representative.
2 In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
12 The validity, construction and performance of this agreement shall be governed by the laws of Republic of South Africa.