Refund policy
This policy is subject to the provisions of the Consumer Protection Act 68 of 2008 (CPA) and the Electronic Communications and Transactions Act 25 of 2002 (ECT Act).
1. The ECTA Cooling-Off Period (Change of Mind)
Because your purchase is made via the Site (an electronic transaction), the following applies:
- Right to Cancel: You are entitled to cancel your purchase without reason and without penalty within 7 days of receipt of the goods, as per Section 44 of the ECT Act.
- Refund: If you exercise this right, we will refund you the purchase price (excluding the direct cost of returning the goods) within 30 days of the date of cancellation.
- Return Costs: You will be responsible for the direct cost of returning the goods to us.
- Condition of Goods: The jewellery must be returned in its original condition, unused, and in its original packaging.
2. Statutory Implied Warranty of Quality (Defective Goods)
This right overrides any store policy and is mandated by the CPA (Section 56):
- Warranty: All products sold come with an implied warranty of quality for 6 months from the date of delivery.
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Defective Goods: If the jewellery is found to be defective, unsafe, or not of good quality, you may, within the 6-month period, return the item and choose, at your election, to have it:
- Repaired
- Replaced (with a similar item of equal value)
- Refunded (full refund of the purchase price).
- Return Costs (Defective): If the return is due to a defect, the item will be returned at our risk and expense.
- Exception: This right does not apply if the customer was expressly informed of the specific defect and accepted the goods in that condition.
3. Custom and Special Order Jewellery
In terms of Section 42(g) of the ECT Act, the standard 7-day cooling-off period does not apply to goods made to the consumer’s specifications or which are clearly personalised. The following terms apply to all Custom/Special Orders:
3.1 Deposits and Commencement of Work
- Non-Refundable Deposit: A 50% deposit is required to secure your order and begin the design process.
- Production Trigger: Once the deposit is paid, materials (such as specific gemstones or precious metals) are sourced immediately. Therefore, the deposit is non-refundable once work has commenced or materials have been purchased.
3.2 Cancellations and Alterations
- Finality of Design: Once manufacturing has started (post-design approval), the order cannot be cancelled or significantly altered.
- Cost of Changes: Any changes requested after production has begun may incur additional labor and material costs, for which the customer will be liable.
3.3 Final Payment and Delivery
- Balance Due: The remaining 50% balance is due in full upon completion of the piece.
- Release of Goods: No custom items will be shipped, delivered, or released for collection until the full balance has been cleared in our account.
3.4 Exclusions from Returns
- Custom-made jewellery is non-returnable and non-refundable for "change of mind" or "buyer's remorse."
- Limited Warranty: Returns on custom items are only accepted if the item is defective (as per the CPA 6-month warranty) or if it fails to reasonably conform to the material specifications agreed upon in the final design brief.
4. Conditions and Hygiene Exceptions
Due to the nature of jewellery, certain conditions must be met upon return:
- Jewellery Alterations: You will lose your right of return if, after delivery, the jewellery has been partially or entirely disassembled, permanently installed, affixed, altered, or combined with other goods or property.
- Pierced Earrings/Body Jewellery: For reasons of public health and hygiene, pierced earrings and other body jewellery are non-returnable once delivered, unless they are defective or not as described.
5. Processing Refunds
- Payment Method: Where a refund is due, the payment will be made using the same method of payment used for the initial transaction.
- Consumer Choice: Where a CPA refund is due, we may not force you to accept a store credit or voucher if you request a cash refund.
- Handling Fee: For returns due to the ECTA 7-day Cooling-Off period (change of mind), we reserve the right to charge a reasonable amount for the use, consumption, or depletion of the goods, but only if the jewellery is not returned in its original condition and original packaging.