1.1.We are Eterniti Jewellery (PTY) LTD with registration number 199802268507 trading as www.eterniti.co.za.
Our postal address is:
P.O. Box 16552
2.TERMS AND CONDITIONS OF ACCEPTANCE
2.1.We permit the use of this website subject to the Terms and Conditions. By using this website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.
2.2.We reserve the right to amend these Terms and Conditions at any time. It is your responsibility to check regularly to determine whether the Terms and Conditions have been changed and to ensure that you are satisfied with the amendments. Your continued use of the website following such change shall be deemed to be your acceptance of the change.
2.3.Nothing in these Terms and Conditions affects your right to insist that goods you buy from us must correspond with their description, be of satisfactory quality and be fit for their purpose.
2.4.No other terms or changes to the Terms and Conditions shall be binding unless agreed upon in writing and signed by us.
3.TERMS AND CONDITIONS OF USE
3.1.You may only use this site to browse the content, make legitimate purchases and shall not use this site for any other purposes. This site and the content provided in this site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without our express permission to do so.
3.2.We will use our reasonable endeavours to maintain the website. The website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the website or because of a failure, suspension or withdrawal of all or part of the website.
3.3.While we take reasonable measures to ensure that the contents of this website are accurate, we make no representations or warranties, whether express or implied, as to the accuracy, completeness or reliability of any information on this website.
3.4.We do not accept any responsibility for any errors or omissions on this website.
3.5.You expressly agree that your use of this site is at your sole risk.
3.6.This website may contain links or references to other websites (“Third Party Websites“) outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and the Company is not responsible for the practices and/or privacy policies of those Third Party Websites or the cookies that those sites may use.
3.7.Notwithstanding the fact that this website may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon.
4.1.We will treat your personal information as strictly confidential.
4.2.The site may collect certain information, such as the name of the Internet service provider and the Internet Protocol (IP) address through which you access the Internet; the date and time you access the site; the pages that you access while at the site and the Internet address of the website from which you linked directly to our site. This information is used to help improve the site, analyse trends, and administer the site.
4.3.By registering at our website you provide your consent to allow us to communicate various messages relating to promotions, special offers, discounts and the like associated with our online offering. The form of communication will include but will not be limited to electronic mail, mobile communications (SMS), telephone calls and direct mail.
4.4.The Company will not use your personal information for any purpose (other than as stated above) without your express consent. We will not use or disclose your personal information to third parties without your consent, unless the use or disclosure is –
i.required in order to comply with applicable law, order of court or legal process served on the Company; and/or
ii.necessary to protect and defend the rights or property of the Company.
4.5.We will be entitled to disclose your personal information to those of our employees and/or third party service providers who assist us in interacting with you via our website, e-mail or any other forms of communication, and thus need to know your personal information in order to assist us in communicating with you properly and efficiently. We will ensure that all such employees and/or third party service providers having access to your personal information are bound by appropriate and legally binding confidentiality and non-use obligations in relation to your personal information.
4.6.We will not be liable for any loss or damage arising from third parties’ unauthorised access to your data.
4.7.We will not be liable for any loss or damage, suffered by you as a result of the disclosure of your personal information to an entity which operates a website linked to this website or anyone other than ourselves.
5.TERMS AND CONDITIONS OF SALE
5.1.These Terms and Conditions of Sale govern the sale of products by us to you via the website.
5.2.We shall not be obliged to supply the product to you until we have accepted your order. Unless expressly stating that we accept your order, an email, letter, fax or other acknowledgement of your order by us is purely for information purposes and does not constitute the confirmation of order. In that acknowledgement, we may give you an order reference number and details of the product you have ordered. We may, in our discretion, refuse to accept an order from you for any reason, including unavailability of supplies or we may offer you an alternative product (in which case we may require you to re-submit your order).
5.3.We aim to ensure that you are provided with accurate prices, however, the price of your order will need to be validated by us as part of our acceptance procedure. If the price for the order changes, we will contact you and ask you to confirm that you wish to proceed at the amended price.
5.4.We reserve the right, for purpose of suspected fraud, to refuse to accept or process payment on any order, and/or to cancel any sale concluded between you and us, in whole or in part.
5.5.If the product is not available for any reason, we will notify you if this is the case and return any payment that you have made, and accept no liability which may arise as a result of such refusal to process any order/sale.
5.6.Once you accept these Terms and Conditions of Sale, they form a legally binding agreement between you and the company, and you will be directed to a link to a secure site for payment of the applicable purchase price for the product.
6.1.You shall pay for the product in full at the time of ordering by supplying us with your credit or cheque card details from a credit or cheque card company acceptable to us, which we require in order to process your order. You may pay by direct bank deposit or electronic funds transfer. The Company will not execute an order until receipt of confirmation that payment has been received.
6.2.You may pay by any method that we have said is acceptable to us, but in any event we shall not be bound to supply before we have received cleared funds in full. Depending on the results of a credit check, we reserve the right not to offer certain forms of payment and to refer you to our other forms of payment.
7.CANCELLATION AND REFUND
7.1.Should you be dissatisfied with the product you receive for any reason, you are entitled to return the product to us for a full refund within 7 days of delivery. In such an event:
i.you undertake not to utilise the goods.
ii.you will receive a full refund of the purchase price within 30 days of the date of cancelling this agreement provided the product is returned and received by us in the original packaging and in the same condition when received.
iii.your agreement of purchase will be deemed to have been cancelled once we have received the returned product(s) in good order.
iv.you will be liable for the direct costs of returning the goods, such as courier and/or shipping charges.
7.2.Your right to cancel your order for goods without penalty set out in this clause shall not apply where the goods that you have ordered are made to your specifications or are clearly personalised.
8.1.We will deliver your order to you as soon as reasonably possible, but no later than 14 days within receipt of your payment (“delivery period”). We aim to deliver within the time indicated by us at the time of your order. Deliveries are done Monday to Friday between 8am and 5pm, excluding public holidays.
8.2.Delivery periods are regarded as having commenced upon payment confirmation being received by us and our internal fraud checks being completed.
8.3.Delivery periods are calculated based on business days only. Saturdays, Sundays and public holidays are not taken into account in calculating delivery periods.
8.4.We will notify you if we are unable to deliver the goods during the delivery period. You may then, within 7 days of receiving such notification, elect whether or not to proceed with your order. If you elect not to proceed with your order, we will reimburse you with the purchase price within 30 days of having informed you that we are not able to deliver during the delivery period.
8.5.Orders are only delivered to physical addresses and only using a carrier of our choice.
8.6.We aim to deliver your order to you at the place of delivery requested by you in your order. It might not be possible for us to deliver to some locations. If this is the case, we will inform you using the contact details that you provide to us when you make your order and arrange for cancellation of the order or delivery to an alternative delivery address.
8.7.We shall aim to let you know if we expect that we are unable to meet our estimated delivery date, but, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
8.8.We deliver in our standard packaging. Any special packaging requested by you is subject to additional charges.
8.9.On delivery of your order, you may be required to sign for delivery. You agree to inspect the products for any obvious faults, defects or damage before you sign for delivery.
8.10.You shall ensure that you are ready for safe receipt of the product without undue delay and at any time reasonably specified by us. If you are not available to take delivery or collection, you may be liable for the cost to redeliver your order or you may be required to collect your order from the carrier.
8.11.If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not (within two weeks of our first attempt to deliver the product to you) accept delivery or collect the product from the carrier, then we may (without affecting any other right or remedy available to us) do either or both of the following:
i.Charge you for our reasonable storage fee and other costs reasonably incurred by us; or
ii.No longer make the product available for delivery or collection and notify you that we are immediately cancelling the applicable order, in which case we will refund to you or your credit or cheque card company as applicable, any money already paid to us for the applicable order, less our reasonable administration charges (including for attempting to deliver and then returning the product).
8.12.All risk in the product shall pass to you upon delivery, except that, where delivery is delayed due to a breach of your obligations, risk shall pass at the date when delivery would have occurred but for your breach. From the time when risk passes to you, we will not be liable for loss or destruction of the product.
9.1.Goods may be returned only when defective, damaged or if the product supplied is not the same product as what was ordered. If the goods are defective in any way this must be reported as soon as reasonably possible after the product has been delivered to you and must be returned to us within a period of 6 months after delivery. If the goods are not the same as what was ordered this must be reported within 24 hours of delivery. Any damage must also be immediately reported, within 24 hours of delivery.
9.2.If the goods have been approved for return, we will notify you and either arrange for our couriers to collect the item from you or request that you post it back to us or ask you to return the item to our current warehouse location, dependent on your original order’s shipping method.
9.3.Should we find that the product has:
i.been misused, abused or subjected to neglect, improper or inadequate care, carelessness, damage or abnormal conditions; or
ii.been involved in any accident or damage caused by an incorrect attempt at modification or repair; or
iii.been dealt with or used contrary to our or the manufacturer's instructions for the product; or
iv.deteriorated through normal wear and tear after delivery by us, we may at our discretion decide not to repair, replace or refund you for the product, and/or we may require you to pay all reasonable carriage costs and servicing costs at our current standard fees and costs, and charge this to your credit or cheque card, or the payment details that you provided to us when you made your order, and, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses as a result.
10.1.If any party (“defaulting party”) breaches any of these Terms and Conditions and fails to remedy such breach within 14 (fourteen) days of receipt of notice to remedy the breach, the aggrieved party shall be entitled to claim specific performance or to cancel this agreement forthwith upon written notice to the defaulting party, without prejudice to its right to recover:
i.any amounts that may be due to it in terms of this agreement; and
ii.any loss or damage suffered as a consequence of the breach or the cancellation of this agreement.
11.GOVERNING LAW AND JURISDICTION
11.1.Our relationship and/or any dispute arising from or in connection with these Terms and Conditions of Sale shall be governed by the laws of the Republic of South Africa. You agree to be subject to the exclusive jurisdiction of the South African courts.
12.1.You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions of Sale to any third party.
12.2.Any failure on the part of you or the Company to enforce any right in terms hereof shall not constitute a waiver of that right.
12.3.If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
12.4.No variation, addition, deletion, or agreed cancellation of these terms and conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
12.5.No indulgence, extension of time, relaxation or latitude which any party (“the grantor“) may show grant or allow to the other (“the grantee“) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.