TERMS & CONDITIONS
Terms & Conditions of Use - Alloy Jewellery Gallery (Pty) Ltd
These are the Terms and Conditions for the use of the website; alloygallery.co.za, owned by Alloy Jewellery Gallery (Pty) Ltd and used by you, the consumer, to purchase goods. These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website. If you do not agree to the Terms & Conditions, you must refrain from using the website.
Copyright and Intellectual Property Rights
You agree that you will not in any way use any device or software to attempt to interfere with the working of the Website. In addition, you agree that you will not in any way monitor, copy, distribute or modify the Website or the information contained. You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained.
By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may not purchase from the Website.
Alloy Jewellery Gallery may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website.
Registration and use of the website
Only registered users may order goods on the Website. To register as a user, you must provide a unique username and password and provide certain information and personal details to Alloy Jewellery Gallery. You agree and warrant that your username and password shall be used for personal use only; and not be disclosed by you to any third party.
You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms and Conditions. You agree to notify Alloy Jewellery Gallery immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm. In the event you have forgotten your username and / or your password please you can reset them by following the prompts on our Website.
Gift Vouchers & Coupons
Coupons that Alloy Jewellery Gallery gives away for free are valid for the period stated thereon and cannot be extended. Gift Vouchers cannot be used to buy other Gift Vouchers or Coupons. They do not accrue interest and are not refundable for cash once purchased. If your Gift Voucher value is insufficient for the order you wish to place, you may make up the difference by paying via one of our other payment methods. Gift vouchers which are bought by the customer are valid for 3 years from the date of purchase.
Alloy Jewellery Gallery is not responsible for any harm due to the loss, unauthorised use or unauthorised distribution of a Gift Voucher, after it has delivered the Gift Voucher to you or the email address nominated by you.
Coupons are issued at Alloy Jewellery Gallery's sole discretion and we are entitled at any time to correct, cancel or reject a Coupon for any reason. Users do not have a right to Coupons, and Coupons cannot be earned. Coupons are issued under specific terms and conditions regulating when and how they may be used.
As a general rule, and unless specified otherwise on the specific Coupon itself:
- each Coupon can only be used once
- only one Coupon can be used per order
- only one Coupon can be used on the Website per person per promotion / campaign
Where a Percentage Coupon has been used and you wish to cancel any items in the order prior to making payment, the entire order must be cancelled. You will be issued a new Percentage Coupon and will need to place the order again, without the item that you wished to cancel.
A Coupon must be used at check-out. It cannot be used later on existing orders; and the value of the Coupon will be set off against the value of your shopping basket and the balance remaining, if any, will be payable by you.
If for any reason a Coupon does not reflect on the final amount due from you at check-out, you can email email@example.com to confirm if the Coupon is still valid. If Alloy Jewellery Gallery confirms that the Coupon is still valid and you have already placed your order, you can choose whether to cancel the order and place it again with the Coupon, or you can use the Coupon on your next order within the limitations of the specific Coupon’s terms and conditions.
Sales and availability of stock
Registered users may place orders for goods, which Alloy Jewellery Gallery may accept or reject. Whether or not Alloy Jewellery Gallery accepts an order depends on the availability of goods, correctness of the information relating to the goods (including without limitation the price) and receipt of payment or payment authorisation by Alloy Jewellery Gallery for the goods.
Alloy Jewellery Gallery will indicate the acceptance of your order by delivering the goods to you and only at that point will an agreement of sale between you and Alloy Jewellery Gallery come into effect. This is regardless of any communication from Alloy Jewellery Gallery stating that your order or payment has been confirmed. Alloy Jewellery Gallery will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
Prior to delivery of the goods, you may cancel an order for in-stock/ready-to-wear items at any time provided you do so before receiving a dispatch or delivery notice. After delivery of the goods, you may return the goods only in accordance with the Returns Policy.
Placing goods in a shopping basket without completing the purchase does not constitute an order for such goods, and therefore may be removed from the shopping basket if stock is no longer available or the price thereof might change without notice to you. Alloy Jewellery Gallery cannot be held liable if these goods are not available or are at a different price when you attempt to complete the purchase at a later stage.
You acknowledge that the stock of all goods on offer is limited and that pricing may change at any time without notice to you. In the case of goods for sale by Alloy Jewellery Gallery, we will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When goods are no longer available after you have placed an order, Alloy Jewellery Gallery will notify you and you will be entitled to a credit or refund of the amount paid by you.
We are committed to providing secure online payment facilities. PayFast is a reputable payment gateway and they are as committed to keeping our customers and all sensitive information secure. They have a multitude of automated and manual checks in place to protect both buyers and sellers from fraudulent transactions. They use Extended Validation SSL with 256-bit encryption. Only two of the four major South African banks use this – the highest – level of encryption currently available.
Payment can be made via credit card and we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the goods will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of payment. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website.
If you make payment via direct bank deposit or electronic funds transfer (EFT), payment must be made within 3(three) days of placing your order. Alloy Jewellery Gallery will not accept your order if payment has not been received within this time frame. In order to finalise your order, a proof of payment needs to be sent to: firstname.lastname@example.org with your order number used as the reference. If your order number is not used as the reference, it may take longer to verify your order and deliver it to you.
Delivery of goods
Alloy Jewellery Gallery offers one method of delivery of goods to you which is via courier. For more information about delivery, consult our Shipping Policy. Our delivery charges are subject to change at any time, without prior notice to you. You will see the applicable delivery charges in your cart when you check out.
Please refer to our Returns Policy for more information about returning products (and related refunds, replacements, repairs or exchanges).
We take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of goods on the Website. However, should there be any errors on the Website, we shall not be liable for any loss, claim or expense relating to a transaction based on any error.
The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from the use of the Website or reliance on any information on the Website.
Alloy Jewellery Gallery disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.
In addition to the disclaimers contained elsewhere in these Terms and Conditions, Alloy Jewellery Gallery also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risks associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of Alloy Jewellery Gallery, its employees, agents or authorised representatives. Alloy Jewellery Gallery thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in connection with your access to or use of the Website.
Availability and termination
We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.
Alloy Jewellery Gallery may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that Alloy Jewellery Gallery will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time, to the extent possible.
If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any goods, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.
Ownership and copyright
The content of the Website, including any material, information, data, software, icons, text, graphics, layouts, images, sound clips, advertisements, video clips, trade names, logos, trademarks, designs and service marks which are displayed on or incorporated in this Website are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of Alloy Jewellery Gallery, its advertisers and/or sponsors and/or is licensed to Alloy Jewellery Gallery.
You will not acquire any right, title or interest in or to the Website or the Website Content. Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law.
Where any of the Website Content has been licensed to Alloy Jewellery Gallery or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.