TERMS AND CONDITIONS OF USE OF THE DIAMOND GALLERY WEBSITE
Below are the terms and conditions of the Diamond Gallery Website Should you have any queries regarding these terms and conditions, please email us at firstname.lastname@example.org
Please note that any reference to any gender shall include a reference to the other genders and that any reference to natural persons shall include a reference to legal persons and vice versa and that any reference to the singular shall include the plural and vice versa.
1. TERMS OF AGREEMENT
REGISTRATION OF USERNAME AND PASSWORD SECURITY
1.1. We again remind the user that by ticking the checkbox on registration of your account with www.thediamondgallery.co.za , you agree to be bound by the terms and conditions of the Diamond Gallery Website.
1.2. When you register to use the Diamond Gallery website, you will be accountable to provide your own username and password.
1.3. Each time you access the website and each time you use your username name and password and clicking proceed/enter, you agree to be bound by the terms and conditions of the Diamond Gallery website.
1.4. In order to prevent fraud, you must keep this username and password confidential at all times and must not disclose it or share it with anyone.
1.5. If you know or suspect that someone else knows your password you should notify us by contacting us immediately.
1.6. If the Diamond Gallery has reason to believe that there is likely to be a breach of security or misuse of the www.diamondgallery.co.za web Site, we may require you to change your username and password or we may suspend your account.
1.7. The user expressly agrees to indemnify the Diamond Gallery from being held responsible or liable for any negligence committed by the user in the handling of its username and password to gain access to the Diamond Gallery website.
2. PURCHASING OF JEWELLERY PRODUCTS ON THE DIAMOND GALLERY WEBSITE
2.1. The Price displayed for items on our website represents the full retail price including VAT listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere.
2.2. The Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day.
2.3. In cases of items mispriced in our catalogues in which the item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
2.4. We do not warrant that item descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered on our website is not as described, your sole remedy is to return it in unused condition for a refund.
2.5. Prices will be reviewed periodically in the event of the change in cost of raw materials, manufacturing, transport, duties, or exchange rate, however at least 2 months’ notice will be given on any price change.
2.6. The Diamond Gallery reserves the right to cancel an order that has already been approved, should there be a stock availability issue that we are unable to resolve. In this case you will receive notification of the cancellation and a full refund for your order.
2.7. The Diamond Gallery has the sole discretion to provide the terms of payment. Unless otherwise agreed, payment must first be received by The Diamond Gallery prior to the latter’s acceptance of an order. Unless a credit term has been agreed upon, payment for the products shall be made by credit card or cash.
2.8. The Diamond Gallery has all the discretion to cancel or deny orders.
2.9. The Diamond Gallery is not responsible for pricing, typographical, or other errors in any offer by The Diamond Gallery and reserves the right to cancel any orders arising from such errors.
2.10. The only payment method to purchase on the Diamond Gallery is through a credit card payment. The Diamond Gallery uses the payment gateway Paygate to process credit card transactions.
2.11. Paygate uses the strictest form of encryption, namely Secure Socket Layer (SSL) as well as PCI compliant. No credit card details are stored on the Diamond Gallery website. Users may go to Paygate to view their security certificate and security policy.
2.12. The user expressly agrees to indemnify The Diamond Gallery from being held responsible or liable for any negligence committed by the user in the handling of its credit card information.
2.13. The Education Section, Buying Guides, Buying Recommendations or any other related information available on this Website does not make a claim to guarantee or warranty or appraise any of your purchases. You are advised to purchase as per your own discretion. The Diamond Gallery is not responsible for the validity and does not guarantee the accuracy of the information provided in the Education Section, Buying Guides, Buying Recommendations or any other related information available on this Website.
2.14. The Diamond Gallery, makes every attempt to ensure that our online services, product & certificate information is as accurate, reliable and complete as possible. We attempt to describe in detail the product specifications and / or services we offer but in some cases the actual product specification and/or services offered and delivered may differ from the online information, as we are continuously changing, modifying and improving our product & services.
2.15. The Diamond Gallery prepares certificates and reports in accordance with generally accepted gemological standards and grading techniques used at the time of the examination and makes no warranty or representation regarding any certificate or report. The Diamond Gallery report shall not be regarded as a warranty of grading characteristics.
2.16. When you order a loose diamond or custom-built jewellery, we ship it to you with the accompanying diamond grading report (also called a diamond certificate). These grading reports are detailed documents created by diamond grading experts at one of two highly-respected diamond grading laboratories – making it very expensive to replace a diamond grading report. Because of this, we require each diamond grading report to be included with each returned diamond.
If you do not include both the diamond grading report and appraisal with your return, you will be charged a replacement fee.
3. DELIVERY OF ITEMS PURCHASED FROM THE DIAMOND GALLERY WEBSITE
3.1. An order placed on The Diamond Gallery website will be processed and carefully packaged in a timely manner subject to receiving prompt payment. All orders are packed and labelled accordingly to sensitivity. All parcels are insured by us until such time as they are delivered.
3.2. We instruct a reputable courier company to deliver anywhere in theSouth Africa. We do courier our products to international destinations on purchases from our website. If you require an order shipped internationally, please send us a message from our Contact Us page to discuss international ordering options.
3.3. Courier fees are a set amount regardless of weight or dimensions.
3.4. All items purchased from our website are made pursuant to a shipment contract with the appointed courier company. The risk of loss and title for such items directly passes to you upon collection of the purchased items.
3.5. When an order is placed on the website we will provide the user with estimate delivery dates based upon the availability of your item(s), payment received, shipping method selected and your shipment’s destination. We will endeavour process your order as quick as possible to have it sent out immediately.
3.6. However, these delivery times are indicative only and may be lengthened in cases of Force Majeure such as strikes, or any other temporary event making execution temporarily impossible.
3.7. In the case of delivery delays caused by reasons beyond the company’s control, the user shall not, in any event demand the cancellation of an order nor refuse delivery, nor may any claims as to The Diamond Gallery responsibility as a result of these delays.
3.8. If you require a valuation certificate prior to delivery, in order to arrange your own personal insurance, we can email this to you.
3.9. The customs office of the destination country may impose customs fees, import duties, taxes, and other charges to your international order where applicable. These additional charges required for customs clearance are the responsibility of the recipient. When your order arrives at customs either our shipper, or the customs office will contact you directly to arrange for the payment of any charges that may be due.
4. THE DIAMOND GALLERY REFUND POLICY
4.1. On receipt of the items delivered to the customer by the courier company, the customer must examine the item delivered and ensure it correlates to the item ordered.
4.2. The customer may return the item ordered only when defective, damaged or if the product supplied is not the same product as what was ordered. If the item is defective in any way this must be reported as soon as reasonably possible after the product has been delivered to you. If the items 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. Such items contemplated in this section are returnable within ten business days after delivery to the customer with all original packaging and receipts. If your return or exchange is after the 15 days, there is a 20% restocking fee in any case.
4.3. The item must be returned to,3rd Floor, West Tower, 27 Ridge road, Parktown, 2193. Please courier your package in a prepaid, insured, traceable method to the address above.
4.4. The original shipping and handling charges are not refundable.
4.5. The customer may not return items that have been supplied by The Diamond Gallery to the customer, at the customer’s direction, if the goods have been partially or entirely disassembled, physically altered, permanently installed, affixed, attached, joined or added to, blended or combined with, or embedded within, other products.
4.6. The Diamond Gallery provides its customers with a six month warranty on its goods commencing from date of delivery to the customer, if the goods fail to satisfy the requirements and standards as contemplated at the direction of the customer and provided the goods are utilised for the designated purposes.
4.7. The customer is alerted to the fact that all items ordered with The Diamond Gallery are “special-ordered goods” as contemplated under the Consumer Protection Act No. 68 or 2008 and therefore all goods ordered by the customer are not returnable unless otherwise stated above or in terms of the Consumer Protection Act. A special ordered good as defined in the Consumer Protection Act means a good that a supplier expressly or implicitly was required or expected to procure, create or alter specifically to satisfy the consumer’s request.
5.1. Handling of personal Information: In the event that you elect to submit personal information, such information shall be handled in accordance with the laws pertaining to the handling of personal information in South Africa. Your personal information shall not be unlawfully distributed, disclosed and/or commercially exploited in the absence of your prior approval.
5.2. The Diamond Gallery endeavours to take all reasonable steps to protect your personal information and to maintain confidentiality. However, the same cannot be guaranteed and any information you transmit to us online, or via the Website, is done so at your own risk.
5.3. The Diamond Gallery may disclose personal information:
5.3.1. To comply with the law or with legal process;
5.3.2. Protect against misuse or unauthorised use of the Website; and/ or
5.3.3. Protect other Website Users or third parties affected negatively by Your use of the Website Trends
5.4. COOKIES AND TRACKING TECHNOLOGY
5.5. THIRD PARTY LINKS
In an attempt to provide increased value to our visitors, we may provide links to other websites or resources. We are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources;
5.8. Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
5.9. We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
5.10. We will only retain personal information as long as necessary for the fulfilment of those purposes.
5.11. We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
5.12. Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
5.13. We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
5.14. We will make readily available to customers information about our policies and practices relating to the management of personal information.
5.15. We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.
5.16. 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.
5.17. 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.
5.18. The Diamond Gallery 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 –required in order to comply with applicable law, the order of the court or legal process served on the Company; and/or necessary to protect and defend the rights or property of the Company.
5.19. Updating of these Terms and Conditions We reserve the right to change, modify, add to or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User’s obligation to check these Terms and Conditions periodically at the Website for changes or updates. The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.
6. INDEMNIFICATION OF WWW.THEDIAMONDGALLERY.CO.ZA AND THE DIAMOND CHANNEL
6.1. You agree to defend, indemnify and hold The Diamond Gallery, its officers, directors, employees, agents, harmless from and against any claims, damages, actions and liabilities including without limitation, your loss of profits, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use the Website or the software supporting/enabling the Website and reasonable legal and accounting fees, resulting from, or alleged to result from Your use of this Website or the software supporting/enabling the Website.
6.2. Fraudulent Activities are highly monitored in our site and if fraud is detected The Diamond Gallery shall resort to all remedies available to us, and you shall be responsible for all costs and legal fees arising from these fraudulent activities
The terms of agreement will be exclusively governed by and construed in accordance with the laws of South Africa whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.
If any provision of this terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the terms and conditions, which shall remain in full force and effect.
9. 20% OFF ALL CUSTOM ORDERS MADE IN STORE PROMOTION
The ‘20% off all custom orders made in store’ promotion only applies to purchases equivalent to R25,000.00 (twenty-five thousand Rand) or more, and is only applicable to custom design orders made in the Diamond Channel Showroom.