Terms of service

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 jewelry 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.

  • Defective Goods: If the jewelry 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 Jewelry (Exclusions)

Please note the following limitations as permissible under the CPA and ECTA:

  • Definition: A "Special Order" is any jewelry item that is made to your specifications (e.g., custom ring size outside our standard range, special engravings, unique design requests, or personalized items).

  • Exclusion from ECTA Cooling-Off: In terms of the ECT Act, the 7-day Cooling-Off period does not apply to goods that are made to the consumer's specifications or are clearly personalised.

  • Return Policy: Therefore, Special Order items are non-returnable and non-refundable, unless they are defective, unsafe, or do not reasonably conform to the material specifications of the order.

 

4. Condition and Hygiene Exceptions

Due to the nature of jewelry, certain conditions must be met upon return:

  • Jewelry Alterations: You will lose your right of return if, after delivery, the jewelry has been partially or entirely disassembled, permanently installed, affixed, altered, or combined with other goods or property.

  • Pierced Earrings/Body Jewelry: For reasons of public health and hygiene, pierced earrings and other body jewelry 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 jewelry is not returned in its original condition and original packaging.