Terms of Service

The Terms of Service of Johanna van Zyl Jewellery ©  expressly include this Shipping, Returns and Exchanges Policy (“the Policy”). This Policy governs the dispatch, delivery, return, and exchange of all products purchased via our online store. By proceeding with any purchase, customers acknowledge that they are bound by the Terms of Service, this Policy, and all applicable laws of the Republic of South Africa, including the Consumer Protection Act 68 of 2008.

TERMS AND CONDITIONS OF SERVICE

1. INTRODUCTION

1.1 This website (“the Site”) is owned and operated by Johanna van Zyl Jewellery (“the Company”, “we”, “us”, or “our”).

1.2 These Terms and Conditions (“the Terms”) govern all users (“you”, “the user”, or “the customer”) who access, browse, or make use of the Site and/or the online store operated through it.

1.3 By accessing the Site and/or purchasing any product or service, you acknowledge that you have read, understood, and agreed to be bound by these Terms, as well as any policies and documents incorporated herein by reference.

1.4 If you do not agree to these Terms, you must refrain from accessing or using this Site or any of our services.

1.5 The Company reserves the right to amend, modify, or replace these Terms at its sole discretion from time to time. The most recent version shall be published on this Site and shall take immediate effect upon publication. Continued use of the Site after any such amendments constitutes acceptance of the amended Terms.

2. LEGAL CAPACITY

2.1 By using this Site, you warrant that you are over the age of 18 (eighteen) years and have the legal capacity to enter into a binding agreement, or, if you are under 18, that you are using the Site with the consent and supervision of a parent or legal guardian who accepts these Terms on your behalf.

2.2 You may not use the Site or any of its services for any unlawful or unauthorised purpose, including any act which would constitute an offence under the laws of the Republic of South Africa, including but not limited to the Consumer Protection Act 68 of 2008 (CPA), the Electronic Communications and Transactions Act 25 of 2002 (ECTA), and the Protection of Personal Information Act 4 of 2013 (POPIA).

3. GENERAL CONDITIONS

3.1 The Company reserves the right to refuse service to any individual or entity for any lawful reason at any time.

3.2 You acknowledge and agree that your information (excluding payment details) may be transferred unencrypted and adapted to meet the technical requirements of various networks or devices. Payment information shall always be encrypted in accordance with industry-standard security protocols.

3.3 No part of the Site, its content, or the Service may be reproduced, duplicated, copied, sold, resold, or exploited for any commercial purpose without the express prior written consent of the Company.

4. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

4.1 While every effort is made to ensure that information on the Site is accurate, current, and complete, the Company provides such information “as is” and makes no warranties or representations regarding its accuracy or reliability.

4.2 The Company reserves the right to amend, update, or discontinue any part of the Site or the Service without prior notice. The user acknowledges that it is their responsibility to review the Site periodically for changes.

5. PRICES AND MODIFICATIONS TO SERVICE

5.1 All prices displayed on the Site are stated in South African Rand (ZAR) and are inclusive of Value-Added Tax (VAT), where applicable, in accordance with the Value-Added Tax Act 89 of 1991.

5.2 Prices and availability of products are subject to change at any time without prior notice.

5.3 The Company reserves the right, at any time and without prior notice, to modify, suspend, or discontinue the Service or any part thereof. The Company shall not be liable to any user or third party for any modification, suspension, or discontinuation of the Service.

6. PRODUCTS AND SERVICES

6.1 Certain products or services offered on the Site may be available exclusively online and may be subject to limited availability.

6.2 The Company has made every effort to accurately display the colours, textures, and details of its products; however, variations may occur due to screen differences or the natural characteristics of materials used.

6.3 All products are offered subject to availability, and the Company reserves the right to limit the sale of any product to any person, region, or jurisdiction at its sole discretion.

6.4 Returns, exchanges, and refunds shall be governed strictly in accordance with our Shipping and Returns Policy, which complies with the Consumer Protection Act (CPA).

7. ORDERS AND PAYMENT

7.1 The Company reserves the right to refuse or cancel any order at its discretion, including, but not limited to, cases involving suspected fraud, supply limitations, or errors in product or pricing information.

7.2 You agree to provide current, complete, and accurate purchase and account information for all transactions made on our Site. You further agree to update such information promptly to ensure the completion of transactions and to enable us to contact you where necessary.

7.3 Payments shall be made using the payment methods specified at checkout. Orders will not be processed or dispatched until full payment has been received and cleared.

7.4 All transactions are processed through secure third-party payment gateways compliant with South African banking and data security standards.

8. SHIPPING AND DELIVERY

8.1 All items are made to order, with an estimated production lead time of 14 (fourteen) business days, excluding shipping.

8.2 We offer shipping through third-party couriers at a flat rate of R150 (one hundred and fifty rand). Delivery times may vary depending on the customer’s location. Local pickup options are also available for nearby clients in Pretoria.

8.3 Regional or remote areas may experience longer delivery times as such areas are typically serviced only twice weekly.

8.4 The Company shall not be held liable for any delays, losses, or damages caused by third-party couriers or circumstances beyond its control. Risk in the goods passes to the customer upon delivery to the designated address.

9. THIRD-PARTY TOOLS AND LINKS

9.1 The Site may contain links to third-party websites or provide access to third-party tools over which the Company has no control.

9.2 The inclusion of any such links or tools does not imply endorsement or association. The Company disclaims all liability for any loss, damage, or harm arising from your use of third-party content, products, or services.

10. USER COMMENTS AND SUBMISSIONS

10.1 By submitting any comments, ideas, suggestions, or other materials (“Submissions”) to the Company, you grant us a perpetual, worldwide, royalty-free licence to use, reproduce, modify, adapt, publish, and distribute such Submissions in any medium.

10.2 The Company shall be under no obligation to (a) maintain any Submissions in confidence; (b) pay compensation; or (c) respond to any Submissions.

10.3 You warrant that your Submissions do not infringe upon any third-party rights, including but not limited to copyright, trademark, or privacy rights, and do not contain unlawful, offensive, or defamatory material.

11. PERSONAL INFORMATION

11.1 The collection and processing of your personal information are governed by our Privacy Policy, which is incorporated herein by reference and complies fully with the Protection of Personal Information Act 4 of 2013 (POPIA).

12. ERRORS, INACCURACIES AND OMISSIONS

12.1 From time to time, the Site may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, availability, or other content.

12.2 The Company reserves the right to correct any such errors or omissions and to amend or cancel orders affected thereby, without prior notice, even after submission of an order.

13. WARRANTIES AND LIMITATION OF LIABILITY

13.1 Except as expressly provided under the Consumer Protection Act (CPA), the Site and all products and services are provided on an “as is” and “as available” basis, without any representations or warranties, express or implied.

13.2 To the fullest extent permitted by law, the Company, its directors, employees, agents, affiliates, and contractors shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of or in connection with your use of the Site, Services, or products.

14. INDEMNIFICATION

14.1 You hereby indemnify, defend, and hold harmless Johanna van Zyl Jewellery, its officers, employees, agents, contractors, affiliates, licensors, and service providers from any and all claims, liabilities, damages, and expenses (including reasonable attorney’s fees) arising out of your breach of these Terms or violation of any law or third-party rights.

15. SEVERABILITY

15.1 In the event that any provision of these Terms is determined by a court of competent jurisdiction to be invalid or unenforceable, such provision shall be severed from the remaining Terms, which shall remain in full force and effect.

16. TERMINATION

16.1 These Terms shall remain in effect unless and until terminated by either party.

16.2 The Company may terminate this agreement and/or deny you access to the Site without notice if, in its sole discretion, you fail to comply with any provision of these Terms. You shall remain liable for all amounts due up to the date of termination.

17. GOVERNING LAW AND JURISDICTION

17.1 These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa.

17.2 In the event of any dispute arising from these Terms, the parties consent to the jurisdiction of the Magistrate’s Court of Cape Town, Western Cape, notwithstanding that the amount in issue may otherwise exceed the jurisdiction of such court.

18. ENTIRE AGREEMENT

18.1 These Terms, together with any other policies or agreements published on the Site, constitute the entire agreement between the parties and supersede all prior communications, negotiations, or representations, whether oral or written.

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