Terms And Conditions

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” – ourPrivacy Policy as found at https://sdbx.co.za/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 self-regulatory 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 Simphonie de Bijoux PTY Ltd;
19. “Website” – the Website owned and operated by us located at the domain name [sdbx.co.za / sdbx.co.za] which is predominantly used to sell jewellery;
20. General
21. 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.
22. 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.
23. ACKNOWLEDGEMENT, ACCEPTANCE AND CONSENT
24. By using our Website and/or making a purchase, you acknowledge –
25. 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
26. you have read and understand, and expressly agree and Consent to, our Privacy Policy, which have been specifically drawn to your attention; and
27. the fact, nature and effects of any liability provisions and terms contained in these Terms and Conditions (including in 12);
28. 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

All Content is solely our property and may be protected, at our sole discretion, by copyright, trademark, and other intellectual property laws.
You may not trade, reproduce, duplicate, sell, trade or circulate any Content to any third party without our express prior written consent.
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

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.
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.
The photography on our website is for identification purposes and colour references.

Variation

Copyright and Intellectual property rights

All Content is solely our property and may be protected, at our sole discretion, by copyright, trademark, and other intellectual property laws.
You may not trade, reproduce, duplicate, sell, trade or circulate any Content to any third party without our express prior written consent.
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

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.
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.
The photography on our website is for identification purposes and colour references.

Variation

Copyright and Intellectual property rights

All Content is solely our property and may be protected, at our sole discretion, by copyright, trademark, and other intellectual property laws.
You may not trade, reproduce, duplicate, sell, trade or circulate any Content to any third party without our express prior written consent.
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

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.
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.
The photography on our website is for identification purposes and colour references.

Privacy

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, –

Variation

Copyright and Intellectual property rights

All Content is solely our property and may be protected, at our sole discretion, by copyright, trademark, and other intellectual property laws.
You may not trade, reproduce, duplicate, sell, trade or circulate any Content to any third party without our express prior written consent.
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

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.
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.
The photography on our website is for identification purposes and colour references.

Privacy

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, –

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;
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
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.

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:

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

Cancellation, withdrawal by you

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

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

Order cancellation by us

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

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;

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.
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.

Certainly! Here’s the revised text:

“Payments

All custom pieces are final sale. Once we receive your inquiry, we will send you a tailored quotation via email from info@sdbx.co.za. This quotation will be valid for seven (7) working days. Simphonie de Bijoux PTY Ltd requires an eighty percent (80%) deposit to process your order. Your order will be dispatched upon receipt of payment for the outstanding balance.

For urgent orders, please contact info@sdbx.co.za.”

Returns & Refunds

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

we accept returns within 7 days of the date of delivery or receipt of goods for goods that are defective or damaged upon receipt without penalty to you, depending on proof provided by you of the above on receipt of the goods;
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.
the aforementioned refund is subject to the provision 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;

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 two 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;
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, and a reasonable cancellation fee will be charged by us to cover any/all administrative costs incurred by cnsellation
items such as personalised or custom-made goods including engraved items are non-returnable; and
Refunds will not be given for special orders, discounted and altered merchandise. Refunds will be provided for credit/debit card and eft purchases only. The reversal purchases will be affected by means of an electronic funds transfer into the bank account where the payment originated.

DELIVERY

We will charge a delivery fee for every order, which will be quoted and billed at checkout.
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.
We offer complimentary shipping for orders to the value of or more than R20, 000.00(twenty thousand rand).
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.
We may use courier services to deliver goods to you. We are not 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.

Shipping

We ship to any destination locally and overseas. Parcels are only shipped once final payment for an order placed reflects in our bank account.

All parcels are shipped from head office using a waybill system and are fully insured by us.
Parcel tracking will depend on which courier service we utilize.

Priority delivery is generally overnight, but allow up to 2 days for delivery(South Africa).
Economy shipping takes 2-5 days

Please note, we do not allow customers to use their own couriers for delivery of orders from us.

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 –

your use of, or reliance on, our Website or the Content;
your use of any third-party Content and/ or services on our Website; and/or
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).

Valuation Certificates

Simphonie de Bijoux issues its own valuation certificates.

Our digital certificates can be requested when placing your order – Information such as gemstone type, weight, size, shape, colour, clarity, enhancement and origin are included on the certificate.

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.