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These Terms and Conditions (“the Terms and Conditions”) govern your use as “the User” of the Purple Gypsy (“Provider”) website located at the domain name www.Purple Gypsy.co.za (“the Website”).

Engraving

Information you need to know before purchasing our Engraving service.

Font Options  – you can request a special font and we will see if we can accommodate it, there is no harm in asking.

Alignment – Depending on the design alignment might not be perfect due to curves etc

By accessing and using the Website, the User agrees to be bound by the Terms and Conditions set out in this legal notice. The User may not access, display, use, download, and/or otherwise copy or distribute Content obtained on the website for marketing and other purposes without the consent of the Provider.

 

STUDIO:

Our studio is based in Klerksdorp South Africa, and Hamburg Germany.

We work by appointment only and are available for consultations.

As we are a small studio, and do not keep stock. All our items are made exclusively on order. Therefore, if there is something specific you would like, it is better to place your order online.

Once your order is ready, we will let you know and you can come and collect from us or we can ship the item to you.

 

SHIPPING:

Local orders (RSA)

We can ship orders throughout South Africa. We mainly use The courier guys Courier service but can accommodate pick ups by other companies or postal deliveries. (we can also deliver via postnet to postnet)

 

We cannot deliver to a PO Box or Postnet Suite and will need a physical address (with postal code) for all shipping within South Africa; as well as a contact number which can be given to the courier.

If you live near our studio in Klerksdorp, you are welcome to collect it once we inform you that our order is ready.

Please allow 4 – 6 weeks for processing and manufacturing, as we make all products to order, and an additional 3 to 4 days for shipping time (nationally) if your order is being shipped. Once your parcel has been sent you will receive an email/sms with the tracking number.

 

International orders

Please ask us for delivery fees

The cost for international parcels varies and will have to be quoted.

All international payments are to be made via EFT.

 

Customs and Imports

You may also be liable for any customs and import duties, quotas, permits, product restrictions and other local requirements. These charges must be paid by the recipient of the parcel. Customs policies vary widely from state to state and country to country. Therefore we suggest that you check the requirements in your country before placing an order. We will not be liable for any customs or import duties. (this is for orders outside of South Africa)

 

PHOTOGRAPHS:

 

We take photographs of all pieces that are manufactured and sent out. We reserve the right to use these in advertisements on our Pages, as well as sending them to the media.

Further to this, photographs serve to document the state in which the items leave our studio and what size we made them – especially when the items are rings.

All images are shown different on different monitors so do allow for colour differences that may occur, but we promise the item in person is always better than in a photo.

 

CARE:

 

Metals

Our jewellery is made from 925 sterling silver. Sterling silver in SA is 92.5% silver and 7.5% copper. Metals naturally develop a surface patina over time, caused by oxygen, perfumes and skin acidity. Some people also have more acidic skin than others, and therefore the oxidation can occur at a more rapid pace. Silver jewellery will also develop a patina if it is not worn regularly.

To clear tarnish just use a strong solution of warm water and sunlight dishwashing liquid to clean the tarnish.

 

REPAIR:

 

All our pieces are made to be functional, but like all jewellery care must be taken when wearing them. We will repair any items for free within 3 months of purchase, if the repair needed is due to a manufacturing fault.

 

If a repair is needed for a customer based outside of Klerkdorp, the customer will be liable for all courier costs.

 

*Please note, if we are given the wrong ring size, we cannot be held accountable. Our Rings are made with moulds, so make sure about your size.

 

SIZING:

 

Ring sizes:

We recommend having you ring size measured at your local jewellery store since this is the most accurate measurement.

*Please note, if ordering a few rings, the more rings worn on one finger, the tighter they will end up fitting.

 

Chain lengths:

We generally work with 45 length chains. Should you wish to have a longer or shorter chain then we will quote accordingly.

 

Bracelets:

Our bracelets come in average sizes – 19cm for women and 21cm for men. If you need a larger or smaller bracelet, then please specify in our “order notes” box, on the checkout page, when placing your order.

 

COMMISSIONS, ENGAGEMENT RINGS AND WEDDING BANDS:

 

We do manufacture engagement rings and wedding bands.

 

We take on private commissions in silver, gold and platinum. We have the right to say deny any commission order for whatever reason.

 

PRICING:

 

Prices may change due to the fluctuations in the precious metal and stone market. Quotations and pro-rata invoices is valid for 7 days. We reserve the right to adjust our prices at any time.

 

RETURNS AND EXCHANGES:

 

We want all of our customers to be happy with purchases made at Purple Gypsy. However, if you receive any products that you are unhappy with, you may contact us within 7 day of receiving it and we will offer you a store credit (30% melting fee is deducted from purchase price for some cases) of the item (The purchase price is the amount you paid for the product and does not include any delivery costs.)

 

Products returned or exchanged must be unused, unworn, and undamaged. We shall have no obligation to accept any products that we receive after the expiration of the applicable return period (7 days after receipt of your parcel). Please be aware that any purchases made with store credits are processed as a new order and standard postage costs and delivery times will apply.

 

You are responsible for postage costs of returning the item. We recommend using registered mail or Postnet to return items, as we are not liable for any items lost in the post.

 

PAYMENT OPTIONS:

 

Purple Gypsy accepts payment EFT (Electronic Funds Transfer), or Cash deposit directly into the bank account (Cash deposits may have a cash handling fee). Please note that we cannot allocate your payment if you do not use the invoice number as reference of the payment. We will not take responsibility for the delay in order if the payment is allocated at a later time.

 

Legal stuff:

Our business is clear and transparent. Here’s how we work:

All references to “Purple Gypsy”, “the Company”, “we”, “us” and “our” in these terms and conditions are deemed to refer to Purple Gypsy

All references to “The Group” or “Group” refer to Purple Gypsy

All references to “you” and “your” are deemed to refer to any user and/or visitor of www.purplegypsy.co.za (“Website”).

These terms and conditions (“Terms and Conditions”) govern your use of the website.

  1. Acceptance of terms

1.1. The Group permits the use of this Website subject to the Terms and Conditions (“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.

  1. Use of the Website

2.1.You may only use the Website if you are 18 years of age or older. If you are under 18, you may use the Website only with the involvement of your parent or legal guardian.

2.2.You agree that you will not use any device, software or other instrument to interfere or attempt to interfere with the proper working of this Website. In addition, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised Company or Spark Consulting representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).

2.3.You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.

2.4. You may not display, publish, copy, print, post or otherwise use the Website and/or the information contained therein for the benefit of any other website without the express prior written consent of an authorised Group representative.

  1. Ownership and copyright

3.1.The contents of this Website, including any information, software, icons, text, graphics, layouts, images, sound clips, trade names, logos, trade marks and service marks are protected by law, including but not limited to copyright and trade mark law, and are owned by or licensed to the Group.

3.2.No license to or right in any of such contents is granted to or conferred upon you. Any unauthorised use, distribution or reproduction of the said contents is prohibited.

  1. Disclaimer

4.1.Any person who accesses this Website or relies on this Website or on the information contained in this Website does so at his or her own risk.

4.2.While the Group takes reasonable measures to ensure that the contents of this Website are accurate and complete, the Group makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of this Website or as to the accuracy, completeness or reliability of any information on this Website.

4.3.All information provided on this website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.

4.4.The Group does not accept any responsibility for any errors or omissions on this Website.

4.5.In addition to the disclaimers contained elsewhere in these Terms and Conditions, the Group also makes no warranty or representation, whether express or implied, that the information or files available on this Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise or jeopardise the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way.

4.6.Information, ideas and opinions expressed on this Website should not be regarded as professional advice or the official opinion of the Group and you are encouraged to consult

professional advice before taking any course of action related to information, ideas or opinions expressed on this Website

  1. Linked third party websites

5.1. 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 Group is not responsible for the practices and/or privacy policies of those Third Party Websites or the cookies that those sites may use.

5.2. 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.

  1. Gift Certificates & Coupons

The Group may make physical and/or electronic gift certificates or coupons (“Vouchers”) available on the Website from time to time.

6.1. Vouchers can only be redeemed –

6.1.1. while they are valid, their expiry dates being unable to be extended;

6.1.2. on the Website towards the purchase of The Group

6.2. Vouchers cannot –

6.2.1. be used to purchase other Vouchers;

6.2.2. be used towards purchases at any affiliate website/s be exchanged for cash or

6.2.3. be transferred or assigned to any other person once already partially redeemed towards a purchase.

  1. Limitation of liability

7.1. THE Group SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL INJURY, LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, ANY MATERIAL OR CONTENT

CONTAINED IN, OR INABILITY TO USE, AND/OR UNLAWFUL ACTIVITY ON, THE WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.

7.2. YOU HEREBY INDEMNIFY THE GROUP AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.

  1. Changes to these Terms and Conditions

The Group reserves the right to update and/or amend the Terms and Conditions from time to time and without any notice, and you are accordingly encouraged to check the Website regularly. Any such change will only apply to your use of this Website after the change is displayed on this Website. If you use this Website after such updated or amended Terms and Conditions have been displayed on this Website, you will be deemed to have accepted such updates or amendments.

  1. Availability and termination

9.1. We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and reserve the right to discontinue providing the Website or any part thereof with or without notice to you.

9.2. The Group may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that the Group will not be liable to you in the event that it chooses to suspend, modify or terminate this Website.

 

Governing Law

These Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
 

Terms & Conditions of Sales

  1. Sale of Goods

1.1.These Terms and Conditions of Sale govern the sale of products (“Goods”) by the Group to you via the Website. The Terms and Conditions of Sale are in addition to the terms and conditions of use of the Website, which can be viewed at Terms & Conditions.

1.2.Once you tick the box labelled “I accept”, these Terms and Conditions of Sale form alegally-binding agreement between you and the Group. We will confirm all your purchase orders with you via email.

  1. Agreements of Sale

2.1. Placing a product in a shopping basket / cart / virtual shopping bag or adding it to a wish list without completing the purchase cycle does not:

2.1.1.constitute an agreement of sale; and/or

2.1.2.constitute an order for such product,

2.1.3.and as such, the Group may remove such product from the shopping basket or wish list if stock becomes unavailable and you cannot hold the Group liable if such product is not available when the purchase cycle is completed at a later stage.

2.2. An agreement of sale only comes into effect if and when:

2.2.1.you electronically submit a properly completed order for one or more products in your shopping basket; and

2.2.2.payment is either authorised, or received by the Group in its bank account

  1. Termination of Sales & Cancellation of Orders

3.1.The Group reserves the right, for purposes of preventing suspected fraud , to refuse to accept or process payment on any order, and/or to cancel any sale concluded between you and The Group, in whole or in part, on notice to you. The Group shall only be liable to refund monies already paid by you (see clause 7 for the Group Refund Policy in this regard), and accepts no other liability which may arise as a result of such refusal to process any order/sale.

3.2. For certain exceptions, and subject to certain charges, the Electronic Communications and Transactions Act 25 of 2002 (“ECT Act”) entitles you to cancel any sale concluded on this Website within 7 days after date of receipt of the goods and to obtain a full purchase price refund. You may also cancel a sale where delivery is delayed beyond the stipulated delivery date/timeframe (or where none is specified, beyond 30 days from the order date). Please refer to clause 8 for further details on The Group’s Return Policy.

  1. Amounts payable by You

4.1. Prices:

The price of each product is displayed with the product listing. In the event of a sale or special offer, the discounted price is displayed.

4.2. Delivery Charges:

Delivery charges differ depending on a variety of factors, including product type, price, and weight, as well as whether delivery is to be made within, or outside, the borders of South Africa.

4.3. Value Added Tax:

Value added tax at the rate of 14% is charged on goods bought by South African residents. VAT is not payable on orders if both the billing and the shipping address are international.

4.4. Import Duties:

Import duties may be payable by recipients of goods in foreign countries. The Group does not know what import duties/levies may be payable and cannot calculate or estimate such costs. You are responsible for determining whether any such import duties/levies are payable and, if so, the amount thereof.

4.5. Errors:

The Group shall take all reasonable efforts to accurately indicate prices and delivery charges. However, should products be erroneously offered at incorrect prices and/or delivery charges, the Group will not be obliged to sell products at such incorrect prices and/or delivery charges, but shall refund monies paid by you should you not wish to proceed with the purchase at the correct price and/or delivery charge.

  1. Payment

5.1. Payment for Goods can be made via the payment methods provided by our authorised payment solution providers PayFast (Reg. No. 2007/011558/07) These will be subject to the Payfast end user terms and conditions are available here:https://www.payfast.co.za/c/std/end-user-agreement.

  1. Privacy

6.1. We take the security of your payment and personal information seriously. In this regard, you will be provided with a security certificate once you accept these terms and conditions of sale. All personal information that you provide to us is subject to our Privacy Policy.

6.2. However, due to the nature of the Internet, we cannot guarantee that your communications will be free from unauthorised access by third parties. Accordingly, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGES ARISING FROM THIRD PARTIES’ UNAUTHORISED ACCESS OF YOUR DATA.

  1. Cancellation and Refund

7.1. The Group reserves the right, for purposes of preventing suspected fraud , to refuse to accept or process payment on any order, and/or to cancel any sale concluded between you and The Group, in whole or in part, on notice to you. The Group shall only be liable to refund monies already paid by you, and accepts no other liability which may arise as a result of such refusal to process any order/sale.

7.2. For certain exceptions, and subject to certain charges, the Electronic Communications and Transactions Act 25 of 2002 (“ECT Act”) entitles you to cancel any sale concluded on this Website within 7 days after date of receipt of the goods. In such an event:

–you will receive a refund to the full/partial value of the purchase price within 30 days of receipt of returned Goods by Purple Gypsy.

–you undertake not to utilize and open the Goods, and

–you will have to bear the shipping cost of the return.

  1. Returns

8.1 You have 7 days from completion of order in which to return your item.

8.2 Follow the following steps to make a return:

8.2.1 email us at info@purplegypsy.co.za

8.2.2 list of reasons:

            -          item not as described

            -          wrong item

8.2.3 To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging. Please note: earrings and specials are exempt from being returned due to health and range issues.

To complete your return, we require your order number and a receipt or proof of purchase.

Any item not in its original condition, is damaged or missing parts for reasons not due to our error, or any item that is returned more than 7 days after delivery will not be accepted. Personalised items are not eligible for returns, unless there is a major error in the manufacturing.

Refunds (if applicable)

Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.

If you are approved, then your refund will be processed within 30 days, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.

 

8.3 You can return your parcel using any postal or courier service.

8.4 Please note – you’ll need to cover the postage costs yourself.

8.5 The parcel remains your responsibility until it arrives with us – remember to ask for proof of postage, so if you parcel goes missing in the mail, you’ll have proof you’ve sent it.

8.6 Purple Gypsy accepts no responsibility for any returned item that is damaged or goes missing during a postal or courier return.

8.7 Once we have received it and checked the return, we will be in touch about your refund.

  1. Breach

9.1. If any party (“Defaulting Party”) breaches any of these terms and conditions and fails to remedy such breach within 7(seven) 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, in either case without prejudice to its right to recover such damages as it may have suffered as a result of the Defaulting Party’s breach.

  1. Governing law and jurisdiction

10.1. 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.

11. General

11.1. 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.

11.2. Any failure on the part of you or the Group to enforce any right in terms hereof shall not constitute a waiver of that right.

11.3. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.

11.4. 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.

11.5. 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.

11.6. These terms and conditions of sale, read together with the Terms and Conditions of Use of the Website, the Terms and Conditions of Use of the Forum, and our Privacy Policy contain the whole agreement between you and the Group and no other warranty or undertaking is valid, unless contained in this document between the parties.

 

 

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