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TERMS & CONDITIONS

DEFINITIONS

    1. In this Website’s terms and conditions (“Terms and Conditions“), the following words and expressions shall bear the meanings assigned to them below and cognate words and expressions bear corresponding meanings –
    2. “Applicable Laws” – any applicable laws, by-laws, statutes, rules, regulations, subordinate legislation, ordinances, notices, notifications, directions, restrictions, or other requirements or directives of national, provincial, and local governments and the common law in all cases only to the `extent that they have the force of law, as interpreted in any judgments, and implemented by the Relevant Authority in question, including without limitation, the CPA, POPIA, and the ECTA;
    3. “Consent” – means the voluntary, specific and informed expression of will in terms of which the User agrees to these Terms and Conditions or gives permission for the processing of their Personal Information, as applicable;
    4. “Content” – text, graphics, games, User interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, computer code and any other content available to you pursuant to your use of or access to the Website;
    5. “CPA” – the South African Consumer Protection Act 68 of 2008, as amended from time to time;
    6. “ECTA” – the South African Electronic Communications and Transactions Act 25 of 2002, as amended from time to time;
    7. “Means of Access” – a User’s account, registration, and log-in details, including a username and password;
    8. “Person” or “Entity”  includes any natural or juristic person, association, business, close corporation, company, concern, enterprise, firm, partnership, joint venture, trust, undertaking, voluntary association, body corporate, and any similar entity, in any jurisdiction;
    9. “Personal Information” as it is defined in POPIA;
    10. “Personnel” – shareholders, officers, directors, employees, contractors, agents, representatives, business partners, vendors, clients, licensors, and advisors;
    11. “POPIA” – the South African Protection of Personal Information Act No 4 of 2013, as amended from time to time;
    12. “Privacy Policy” –  our Privacy Policy as found at https://belmodacollection.com/privacy-policy/
    13. “Rands” – the lawful currency of South Africa, being the South African Rand;
    14. “Relevant Authority”  any competent court or regulatory or other authority, or any local, provincial, or national governmental authority, body, or department or any intergovernmental or supranational organisation or any selfregulatory authority, body or organisation;
    15. Return Requirements” – returned goods must be in its original, unused and unworn condition and packaging if applicable and a User must have valid proof of purchase and delivery (if applicable);
    16. “South Africa”  the Republic of South Africa;
    17. “User“, “you” – the user of the Website, including any Person making use of the Website on such user’s behalf or otherwise via such user’s Means of Access;
    18. “We”, “us” and “our” – refers to Russel & Rose;
    19. “Website” – the Website owned and operated by us located at the domain name [insert domain name] which is predominantly used to sell jewellery;

General

    1. These Terms and Conditions constitute a binding legal agreement between you and us, which govern a User’s use of or access to the Website. These Terms and Conditions are binding and enforceable against every User that accesses or uses the Website.
    2. These Terms and Conditions shall be governed by and construed in accordance with the laws of South Africa, and you agree to submit to the non-exclusive jurisdiction of the South African Courts.

ACKNOWLEDGEMENT, ACCEPTANCE AND CONSENT

By using our Website and/or making a purchase, you acknowledge –

  1. that you have read and understand, and expressly agree and Consent to, these Terms and Conditions (including any provision relating to privacy, limitation of liability and indemnity) which have been specifically drawn to your attention; and
  2. you have read and understand, and expressly agree and Consent to, our Privacy Policy, which have been specifically drawn to your attention; and
  3. the fact, nature and effects of any liability provisions and terms contained in these Terms and Conditions (including in 12);
  4. that you have been provided with an adequate opportunity in the circumstances to receive and comprehend the provisions referred to in clause 3.1.3 and that the aforesaid was done prior to the earlier date of your having entered into a transaction or sale agreement with us and you being expected to offer consideration for the transaction or agreement in question.

 

In accordance with the Applicable Laws, to the extent applicable, any provisions that limit the risk or liability of us, create risk or liability for the User, compel the User to indemnify us or a third party, and/or serve as an acknowledgement by the User of a fact, shall appear in bold.

Variation

We reserve the right, at our sole discretion, to change, modify, add, or remove portions of these Terms and Conditions, at any time and without prior notice to you. Any changes will become effective immediately upon the earlier of publication on our Website and notification to you, unless we advise otherwise. Your continued use of our services following any changes made by us thereto will mean that you accept and agree to the changes. You are advised to regularly review these Terms and Conditions for any possible changes to ensure you are familiar with the current version.

CopyRight and Intellectual property rights

    1. All Content is solely our property and may be protected, at our sole discretion, by copyright, trademark, and other intellectual property laws.
    2. You may not trade, reproduce, duplicate, sell, trade or circulate any Content to any third party without our express prior written consent.
    3. Any such Content may be displayed and printed solely for your personal, non-commercial use, provided that any copyright notice on such a display or page is not removed. Save for the above, and unless expressly granted, we do not grant any license or right in, or assign all or part of, our intellectual property rights in the Content.

Website content and access

    1. While we take all reasonable care in preparing, maintaining, and updating the information on this Website, we do not represent or warrant (either express or implied) the accuracy, reliability, or completeness of any of the Website content. The User acknowledges and accept that the Website content may include errors. The Website content is subject to change at our sole discretion without notice to the User and may not be accurate at the time you access it. It is the Users responsibility to enquire with us directly to ensure the adequacy, accuracy, and currency of the material or information you seek to rely upon.
    2. We provide no guarantee that access to the Website will be available or that the Website is free from malicious content or anything else which may damage any computer which accesses the Website or any data on such a computer. We may from time to time restrict access to any part or whole of the Website and its discretion. By using this Website, you agree to do so at your sole risk.

Privacy

    1. By visiting, accessing and/or using the Website, you understand and acknowledge that we are required to comply with the provisions of the Applicable Law, ensure the privacy and confidentiality of your Personal Information. Accordingly, you confirm, agree, understand, and acknowledge that by visiting, accessing and/or making use of the Website, –
      1. you disclose and provide your Personal Information to us voluntarily and Consent and authorise us to collect, use, process, share and/or transfer your Personal Information in accordance with our Privacy Policy and any Applicable Laws;
      2. you agree and consent to be bound by the terms and conditions of the Privacy Policy, the terms of which you confirm you have fully acquainted yourself with; and
      3. you agree and consent to be contacted by us in respect of any direct marketing campaigns, which contacts will be in accordance with the Terms and Conditions of the Privacy Policy and any Applicable Laws.

This Website may contain links to other Websites operated, controlled or produced by third parties. Unless otherwise indicated, we do not control, endorse, sponsor, or approve any such third-party Websites or their content, nor do we provide any warranty or take any responsibility whatsoever for any aspect of those Websites or their content.

  1. Interference with Website

Without prejudice to any rights the User may have under any Applicable Laws relating to the protection of computer programs of which cannot be contractually deviated, the User may not:

      1. modify, translate, or adapt the Website in any way;
      2. decompile or disassemble the Website in any way;
      3. copy the Website in any way;
      4. pass on, dispose of, grant as a sub-license, lease, lend or distribute the Website or documentation in any way to third parties;
      5. create any product or service substantially similar to the Website; and/or
      6. copy any ideas, characteristics and/or functions of the Website.

Cancellation, withdrawal and cooling-off period

Review, correction, and/or withdrawal by you

In compliance with ECTA, we confirm that our Website provides you with an opportunity –

      1. to review the entire electronic transaction;
      2. to correct any mistakes;
      3. to withdraw from the transaction, before finally placing an order.

Cooling-off period

    In the event of ECTA being applicable to any transaction between you and us, you are entitled to cancel without reason and without penalty within 7 days after the date of receipt of goods or the conclusion of an agreement for the provision of services. You are furthermore entitled to a full refund (less direct costs of return, if applicable), as dealt with in clause 10.1 below.

    Order cancellation by us

    We reserve the right to not process or to cancel an order (partially or completely) under the following circumstances:

        1. Suspicious activity: If, we suspect that you have abused, or tried to: abuse the Website; intercepted data; committed fraud; hack our systems; or create multiple profiles to take advantage of a promotion or other offer intended for single use, we may blacklist you, delete your profile and suspend or terminate your access to our Websites. In which case we will not be held liable for potential damages;
        2. Errors: If an error has occurred, including system errors, unavailability of goods, incorrect pricing, quantity or description. We will inform you of such errors as soon as we become aware of them, and we will not be bound by errors and.
        3. In the event of a cancellation initiated by us, no cancellation fees will be payable. If payment has been made, we will refund you the Rand value of your payment, in accordance with clause 10. We will not be liable for any loss or claim relating to a cancelled order or refusal to process an order. We are not bound by any incorrect information about goods that are on our third-party providers’ Websites.

    Returns & Refunds

    Subject to Applicable Laws, where applicable, the following will apply –

        1. we accept returns within 10 days of the date of delivery or receipt of goods for goods that are unsatisfactory, defective or damaged upon receipt, not as described or unwanted, without penalty to you;
        2. upon receipt of the returned good and confirmation that it meets the Return Requirements, we will process your refund within a reasonable time, but in any event by no later than 30 days from the date of cancellation. To the extent that we have incurred any direct costs in you returning the goods, we shall deduct such direct costs from the refund, in accordance with the Applicable Laws.
        3. the aforementioned refund is subject to the proviso that should you have elected for us to remedy any defect in goods supplied, then in that case you will not be entitled to a refund solely by virtue of the goods failing to meet the standards above;
        4. where the supply of our goods was a result of any direct marking of such goods, you shall be entitled to rescind the transaction resulting from any such direct marketing without reason or penalty, by notice to us in writing, or another recorded manner and form, within five business days of conclusion of the agreement or delivery, following which we will return any payment received from you in terms of the transaction within 15 business days after having received such notice of rescission, without any handling fee;
        5. should you elect to obtain a refund, then such election will extinguish any obligation on us to remedy such defect and you will furthermore be required to prove the amount to be refunded;
        6. items such as personalised or custom-made goods including engraved items are non-returnable; and
        7. Refunds will not be given for special orders, discounted and altered merchandise. Refunds will be provided for cash, cheque and credit card purchases only. The reversal of cash or cheque purchases will be affected by means of an electronic funds transfer into the bank account where the payment originated.

    DELIVERY

      1. We will charge a delivery fee for every order, which will be quoted and billed at checkout.
      2. Additional delivery charges may apply to outlying areas. Delivery fees may change at any time without notice to you. The delivery fee and any additional charges applicable to your order will be communicated to you and must be paid when you place an order.
      3. We will arrange for delivery to the delivery address that you provided to us in checkout. We are not responsible for any loss or unauthorised use of the goods once we have delivered the goods to the delivery address you have provided to us.
      4. We may use courier services to deliver goods to you. We are not be liable for any damage suffered or any losses incurred arising out of any act or omission by the courier and it’s Personnel. By using our Website you agree that we may share your Personal Information with our couriers so they can deliver your goods to you.

    Limitation of liability

    Subject to any Applicable Laws, where applicable, we shall not be liable to you whether in delict, contract or any other basis in law of any nature whatsoever (and howsoever arising), and furthermore irrespective of whether such liability was a result of our negligence, for any losses, liabilities, suits, judgments, claims, costs (including legal costs), damages or expenses, whether actual or contingent, arising out of or in connection with –

        1. your use of, or reliance on, our Website or the Content;
        2. your use of any third-party Content and/ or services on our Website; and/or
        3. any consequential, incidental or indirect loss or damages, loss of profits or revenues, or diminution of value arising from or in connection with, our services or products (e.g. jewellery).

    Severability

    All provisions and the various clauses of these Terms and Conditions are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision or clause of these Terms and Conditions which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any other reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as if it had not been written and the remaining provisions and clauses of these Terms and Conditions shall remain of full force and effect.