Terms and Conditions
Company Description of Goods and Services
Afrogem is a fine gold and silver jewellery design, manufacturing and retail company that markets jewellery designed and created in our studio, custom makes bespoke jewellery, and sells loose precious and semi-precious stones.
JPPE Lapidary (Pty) Ltd trading as AFROGEM
Company Registration No: 1966/000768/07
VAT Number: 4310106887
Telephonic Support: +27 (0) 76 726 8491 or +27 (0)21 424 0848
Email Support: firstname.lastname@example.org
Country of Domicile
181 Buitengracht St, 8001 Cape Town, South Africa.
Please read these Terms of Service carefully before accessing or using our website/showroom. By accessing or using any part of the site, you agree to be bound by these Terms of Service. You can review the most current version of the Terms of Service at any time on this page.
We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. Please check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Afrogem recommends reading over all terms and conditions before submission of an order.
Acceptance of these Terms and Conditions is therefore assumed unless otherwise informed in advance.
Afrogem may, at its sole discretion, change this agreement or any part thereof at any time without notice. Following these changes, the customers continued use of the website acts as their acceptance of these changes.
1. OUR RIGHTS:
We reserve the right to:
1.1. Modify or withdraw, temporarily or permanently, the Website (or any part of) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
1.2. Change these Conditions from time to time and your continued use of the Website (or any part of) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
1.3. We will use our reasonable endeavours to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website due to circumstances beyond our control.
2. COPYRIGHT OF DESIGNS:
2.1. Afrogem holds the rights to all our designs, and considers all designs the intellectual property of Afrogem.
2.2. Even in the case of a custom design, we have the rights to reuse and adapt the design for another client or design range.
2.3. We also have the right to share images of the design on our website and any social media platform.
3.1. Website purchase of products
When you order a Product from the our website you are agreeing to buy it at the price stated in Rands, subject to these terms. We will take all reasonable care to ensure that all details, descriptions and prices of products appearing on the Website are correct at the time when the relevant information were entered onto the system.
We reserve the right to refuse an order.
Non-acceptance of an order may, for example, result from one of the following:
- The product ordered being unavailable from stock
- Our inability to obtain authorisation of payment
- The identification of an error within the product information, including price or promotion
3.2. Order acceptance and cancellation
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept, decline, or limit your order for any reason, whether or not your credit card has been charged. If your credit card has been charged and your order is cancelled, you will receive a refund.
Once an order has been shipped, it cannot be cancelled. For more details on shipping and delivery, please see our Shipping and Delivery terms and conditions.
3.3. Out-of-stock items
If the item you purchased is out-of-stock, the item is considered a made-to-order item and manufacturing time will need to be added to the waiting period. Manufacturing time is normally 3-4 weeks depending on the item. Please be aware that dates are approximate and are subject to change.
3.4. Made-to-order pieces
Some of our handmade pieces online are made-to-order. Please allow for 3-4 weeks manufacturing time for these items, from the time of placing your order. Requested modifications are subject to revised production timelines and pricing.
All the gemstones used in Afrogem designs are natural and therefore have individual colouring and inclusions. Upon consultation for commissioned pieces, we will allow our clients to either view the gemstones/send them all the relevant information about the stones for them to make an informed decision. Once our client pays a deposit/pays for the piece, they are agreeing to the use of the stones that were quoted, based on our terms and conditions. We will not be held responsible for the cost of changing the stone – diamonds, tanzanite, gemstones – in the design, after the quote has been accepted and deposit paid/payment been made, if through no fault of ours any dispute arises between Afrogem and said client.
3.6 Appearance of Products
Some products may look or present differently on screen than they do physically. These variations may include them appearing smaller or larger than their actual size or their colours presenting differently on screen. This is due to the fact that computer monitors are set differently from user to user and therefore Afrogem cannot be held responsible for these perceived variations.
It is important that you give us the correct ring size. You can have your finger measured in any jewellery store. We will happily resize most luxury rings by ½-1 size bigger or smaller. However, resizing a ring by more than one ring size can cause the setting to weaken and potentially damage the ring or the stone. Some gemstones are not able to handle resizing. Should we judge a ring as too risky to resize, your order will be considered a made-to-order piece. In this case, we will contact you with all the relevant information about the gemstone to be used in your piece. Please see clause 3.4 and 3.5 for terms regarding made-to-order and tanzanites, diamonds and gemstones.
In the instance that a ring is ordered in the incorrect size, re-sizing the ring will incur a charge and in some instances, due to the type of setting and stone used, we cannot guarantee that the ring can be re-sized. Please be aware that re-sizing a ring is a significant exercise and that there may be further associated costs in addition to the original purchase price of the ring.
Prices displayed on the Site are shown in Rands, including VAT. Should you choose to make use of our currency convertor, please be aware that forex rates fluctuate up or down on a daily basis, and the amount charged may vary slightly from that shown by the currency convertor. The Rand value is the only accurate reflection of the Price of any item purchased from our website. Prices are subject to change at any time. Where applicable deliveries will be charged in addition to the price of the products.
4.1. Changes In Products And Pricing
We are constantly updating and revising our offerings of products, and we may discontinue products at any time without notice. All pricing for our products is subject to change. For all of our prices and products, we reserve the right to make adjustments due to changing market conditions, currency fluctuations, product discontinuation, manufacturer price changes, errors in advertisements, and other extenuating circumstances.
4.2. Prices listed on website
While every effort has been made to ensure that the information and prices displayed on the website are accurate and true, it is possible that errors may occur whether due to data entry or system errors. Afrogem reserves the right to correct any and/or all errors should they occur and will not honour inaccurate or erroneous prices. If you have any questions, please do not hesitate to contact us. Errors and omissions are specifically excluded.
Payment may be made via Credit Card or by bank transfer (EFT) into the Afrogem bank account, the details of which will be provided on request.
6. ADVERTISING DISCLAIMER AND TRADEMARKS
We attempt to be as accurate as possible with product descriptions and prices. However, we do not warrant that product descriptions or prices are accurate. In the event that a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing, we shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card has been charged. If your credit card has already been charged for the purchase and your order is cancelled, we shall immediately issue a credit to your credit card account in the amount of the charge. We apologize for any inconvenience this may cause you. If you are not completely satisfied with your purchase, you may return it in accordance with our Returns Policy.
AFROGEM shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.dhs.gov.za/Content/PAIA/paia_manual.htm