Terms and Conditions

Below are my terms and conditions. Please contact me if you are unhappy about anything – my main goal is to make sure you have a fabulous experience!

OWNERSHIP

Gerda Goosen Jewellery is the trading name of White Moth (Pty) Ltd and is a company owned by Gerda Goosen, based at 308 The Falls, 5 Churchill Close, Tyger Valley, Bellville, 7530, South Africa, e-mail: [email protected] Company registration number: 2016/460971/07.

INTRODUCTION

GERDA GOOSEN JEWELLERY’s (“we”, “us”) website(s) (our “Website” or “Websites”) and related services are made available to you in accordance with the following Terms of Use & Service, and any other rules posted on our Website (collectively, the “TOS”). Please read the TOS carefully before placing any orders on our Website. We recommend you keep a copy of the TOS for future reference. 

We wish to draw your attention to our policies relating to the terms of purchase within the TOS and our Privacy Policy. We reserve the right to accept orders from those over 18 years of age only. We may modify the TOS from time to time. Please read the TOS and check back often. If you do not agree to any change to the TOS then you must immediately stop using the Website. Any changes made after you have placed an order will not affect that order unless we are required to make the change by law.

REGISTRATION

To use some of the services or features made available to you on this Website you will need to register. When you register you are required to provide information about yourself that is true, accurate, current, and complete in all respects. Should any of your registration information change, please notify us immediately at the following e-mail address: [email protected] 

We may also change registration requirements from time to time. The account password you provide should be unique and kept secure, and you must notify GERDA GOOSEN JEWELLERY immediately of any breach of security or unauthorized use of your account. 

Please refer to our Privacy Policy for information about how we use your data. Upon the completion and submission of the online registration form by you to GERDA GOOSEN JEWELLERY, you will receive a confirmation email to the email address provided in the online registration form.

ELIGIBILITY TO PURCHASE

In order to make purchases on the Website you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided. 

The Website is available only to individuals and others who meet the GERDA GOOSEN JEWELLERY terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to GERDA GOOSEN JEWELLERY, whose applications are acceptable to GERDA GOOSEN JEWELLERY and who have authorized GERDA GOOSEN JEWELLERY to process a charge or charges on their credit/debit card for the amount of the total purchase price for the merchandise they wish to purchase. 

GERDA GOOSEN JEWELLERY reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address. 

By making an offer to purchase merchandise you expressly authorize GERDA GOOSEN JEWELLERY to perform credit checks and where deemed necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit/debit card number or credit reports, to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorization and to authorize individual purchase transactions. 

Furthermore, you agree that we may use Personal Information provided by you in order to conduct appropriate anti-fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information. Please refer to our Privacy Policy for further information about how we use your data.

ORDERS

All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers. When you order an Item from GERDA GOOSEN JEWELLERY you are offering to buy it for the price stated, subject to these Terms. You will be guided through the process of placing an order by a series of instructions on the Website. You place your order for Items from the Website by clicking on the [CHECKOUT] button at the end of the on-line order process.

All prices are USD-based. Prices in other currencies are estimates only, based on the approximate rate of exchange at the time of browsing.

Once you have placed your order, we will send you an email acknowledging the exact details of your order. Unless we have notified you that we do not accept your order or you have cancelled your order in accordance with the Returns policy set out in the relevant section below, our acceptance of your order and the completion of the contract between you and seller will take place when you receive an email from us confirming the Items ordered by you. 

Our acceptance of your order will be deemed complete and received by you at the time and date of sending of the email, which time and date is specified on the email. The deemed time and date of receipt by you shall apply regardless of whether, for reasons outside our control, you have not received that email. 

If you require any information regarding your order(s) please contact GERDA GOOSEN JEWELLERY at [email protected] or fill in the FORM on the page “CONTACT”. We may not accept your order if: 1) an item you have ordered is out of stock; 2) we are unable to obtain authorisation for your payment; 3) we identify a product or pricing error. 

We reserve the right to reject any offer to purchase by you at any time and at our sole discretion. If we are unable to fulfil your order following our order acknowledgement, we will contact you by email or telephone advising you of this. See our Exchanges and Returns policy. We will try to keep our Website as up to date as reasonably possible but cannot guarantee that any particular Item will always be available. If we cannot supply any Item we will release the funds being held by us for the purchase.

ACCEPTANCE OF YOUR ORDER

Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the TOS. 

We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Website whether or not that merchandise has been sold, by removing, screening or editing any materials or content on the Website, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

CANCELLATIONS AND AMENDMENTS TO ORDERS

GERDA GOOSEN JEWELLERY is not obliged to accept any request by you for a cancellation or amendment of an Order.

If you discover that you have made a mistake with your Order after you have submitted it to GERDA GOOSEN JEWELLERY via the Website, you may request the Order be cancelled or amended. GERDA GOOSEN JEWELLERY does not guarantee that it will be able to cancel or amend the Order in those circumstances.

GERDA GOOSEN JEWELLERY will refund any payment already made by you to your original payment method where an order is cancelled as contemplated by this clause, and before it has been accepted by GERDA GOOSEN JEWELLERY.

PRICING POLICY

All prices and offers remain valid as advertised. The US Dollar price of a product displayed on the Website at the time the order is accepted will be honoured, except in cases of patent error. All prices indicated for Items sold by GERDA GOOSEN JEWELLERY are exclusive of customs duties and taxes in your country and are quoted in US Dollar, with an approximate indication of the price in other currencies, based on a daily updated exchange rate. Please note that these are an approximate conversion and that each currency is subject to a general fluctuation depending on the exchange rate at the time it was entered. These currencies will be updated on a regular basis but may not reflect the daily exchange rate. 

These prices are subject to change if the applicable currency exchange rate changes before your order is accepted or the items are subject to markdowns at any time during the selling period. We recommend you contact your local customs authorities to determine a landed cost price prior to purchase completion. If you are a customer whose credit/debit card is not denominated in US Dollars, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.

PAYMENT

Payment can be made by using all major credit and debit cards through the PayPal system. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to GERDA GOOSEN JEWELLERY, we will not be liable for any delay or non-delivery. We take all reasonable care to make our Website secure. GERDA GOOSEN JEWELLERY does not store your credit card details on our systems. However all other details will be fully encrypted and only used to process the order which you have initiated. Furthermore, we take reasonable care, insofar as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Website. To help ensure that your shopping experience is safe, simple, and secure, GERDA GOOSEN JEWELLERY and our banking system use Secure Socket Layer (SSL) technology.

CREDIT CARDS

Your credit card company may undertake an additional security check to confirm it is you making the order.

DELIVERY

GERDA GOOSEN JEWELLERY aims to deliver your chosen items to the place and person of your choice, in perfect condition and in the shortest possible time. All purchases are sent via international courier. You will receive a tracking number for your package so that you may check its whereabouts on the courier’s website. 

Delivery time is normally within 2 weeks, depending on when your order is processed and the location you require the order to be shipped to. If your order cannot be delivered within the timeframe specified at the time the order is placed, we will notify you and try to rectify the situation as quickly as is practically possible.

DISPATCH

Each piece is usually dispatched within 1 to 2 days of order. You will receive a tracking number as soon as your order is dispatched.

Estimated delivery times are to be used as a guideline only. GERDA GOOSEN JEWELLERY is not responsible for any delays caused by any local customs clearance processes.

OWNERSHIP

GERDA GOOSEN JEWELLERY will retain the legal ownership of the Items until full payment has been made by you and such payment has been received by us. Legal ownership of the Items will immediately revert to us if we refund any such payment to you. Full ownership and consequent responsibility will pass to you upon delivery. 

GERDA GOOSEN JEWELLERY requires a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfilment by GERDA GOOSEN JEWELLERY, and transfer of responsibility in the same way.

TAXES & DUTIES

Please note that your purchase may be subject to import duties and taxes, which are levied once the goods reach the country of destination. Any such charges levied in relation to customs clearance must be borne by you, unless explicitly included as a cost item during checkout. It is accepted by you that GERDA GOOSEN JEWELLERY has no control over additional charges in relation to customs clearance. We recommend that you check with your local customs officials for more information regarding importation taxes/duties that may be applicable to your online order.

FORCE MAJEURE

GERDA GOOSEN JEWELLERY shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond its reasonable control.

EXCHANGES AND RETURNS

Please refer to our Exchanges and Returns Policy.

GIFT RETURNS

If you have received an item from GERDA GOOSEN JEWELLERY as a gift and you want to return it, you will be issued with a Credit Voucher for the same value as the purchased item, excluding shipping costs. In case of a new purchase for the same value or more, you pay the cost difference and the additional shipping, taxes, and import duties, and any additional charges incurred as a result of the exchange.

SIZE, COLOURS AND PATTERNS

We have made every effort to display as accurately as possible the size, colours and patterns of the pieces that appear on the website. However, as every piece is made by hand and as computer monitors and device screens vary, we cannot guarantee that the piece you receive will be an exact replica of the item photographed or that your monitor’s display of any colour will be completely accurate.

INTELLECTUAL PROPERTY RIGHTS

All content available on the Website, including, but not limited to, text, graphics, logos, buttons, icons, images, audio clips, data compilations and software, and the compilation thereof (the “Content”) is the property of GERDA GOOSEN JEWELLERY, our partners or our licensors, and is protected by South African and international copyright laws. 

Any trademarks, logos, and service marks displayed on the Website (collectively, the “Trade Marks”) are the registered and unregistered marks of GERDA GOOSEN JEWELLERY, our licensors or our partners, in South Africa and other countries, and are protected by South African and international trade mark laws. 

All or any other trademarks not owned by us, our affiliates, our partners or our licensors that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. Neither the Content, the Trademarks, nor any other portion of the Website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in full or in part, for any purpose without our prior written consent.

CONTENT

In addition to the Intellectual Property Rights mentioned above, “Content” is defined as any graphics, photographs, including all image rights, sounds, music, videos, audio or text on this Website. GERDA GOOSEN JEWELLERY endeavours to ensure that the information on this Website is accurate and complete. GERDA GOOSEN JEWELLERY does not promise that the Website’s Contents are accurate or error-free. 

GERDA GOOSEN JEWELLERY does not promise that the functional aspects of the Website or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed. 

By posting you agree to be solely responsible for the content of all information you contribute. You also grant to GERDA GOOSEN JEWELLERY a right to use any content you provide for its own purposes including republication in any form or media. Comments may be moderated but GERDA GOOSEN JEWELLERY does not commit to checking all content and will not be liable for third party posts. 

If you have a complaint about any posts please mail [email protected] GERDA GOOSEN JEWELLERY reserves the right at its sole discretion not to publish or to remove any comment including those that it believes may be unlawful, defamatory, racist or libellous, incite hatred or violence, detrimental to people, institutions, religions or to people’s privacy, which may cause harm to minors, is detrimental to the trademarks, patents and copyrighted content, contains personal data, improperly uses the medium for promoting and advertising businesses. 

This Website is available to the public, hence information you consider confidential should not be posted to this Website. The personal opinions of any third parties with whom we are associated are their own and do not necessarily reflect the views of GERDA GOOSEN JEWELLERY and we accept no responsibility for any such views expressed in any media.

NO COMMERCIAL USE

This Website is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within this Website. You may not use this Website, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website.

YOUR ACTIVITY

You agree that you will be personally responsible for your use of this Website and for all of your communication and activity on and pursuant to this Website. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the TOS, we may decide to deny you access to this Website on a temporary or permanent basis.

THIRD PARTY SITES

We may include hyperlinks on this Website to other websites or resources operated by parties other than GERDA GOOSEN JEWELLERY, including advertisers. GERDA GOOSEN JEWELLERY has not reviewed all of the sites linked to its Website and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.

LIMITS ON OUR LIABILITY

If the goods we deliver are not what you ordered, or are damaged or defective, or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us by email or by filling in the FORM on the “CONTACT” page, describing the problem within 14 days of the delivery of the goods in question. Exchanges and Returns are as per our Exchanges and Returns Policy.

If GERDA GOOSEN JEWELLERY breaches the TOS we shall only be liable for losses that are direct losses and a reasonably foreseeable consequence of such a breach. Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses including loss of profits, business or goodwill howsoever arising from any problem you notify us of and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question. 

You must observe and comply with all regulations and legislation, including abiding by all necessary customs, import or other formalities to purchase goods from our Website. The importation or exportation of certain of our goods to you may be prohibited by the laws of your country. 

We make no representation and accept no liability in respect of the export or import of the goods you purchase. Nothing in these terms and conditions is intended to limit any rights you might have as a consumer under local law or other statutory rights that may not be excluded or limit our liability to you for any death or personal injury resulting from our negligence.

PRIVACY POLICY

Please refer to our Privacy Policy.

CONTACTING US

If you would like some help when ordering, have a query about your order or would like to provide us with feedback on our service, please send an e-mail to [email protected] or fill in the FORM on the page “CONTACT”.

NO WAIVER

If you breach the TOS and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the TOS.

GOVERNING LAW

Your use of this Website and any purchase by you of any Item from GERDA GOOSEN JEWELLERY shall be governed by South African law and you agree to submit to the exclusive jurisdiction of the South African courts.