Touchstone Gems CC - Terms and Conditions of Sale
The terms and conditions set out below are the terms on which we supply to you any of the products (Products) listed on our website www.touchstonegems.co.za (our site). Please read carefully and understand these terms before ordering any Products from us. By ordering any of our Products, you agree to be bound by these terms.
If you have difficulty in understanding any of these terms or have any other queries, please contact our customer services team at firstname.lastname@example.org, who will be happy to assist. Click here for our Contact info.
1) Touchstone Gems CC
www.touchstonegems.co.za is a site operated by Touchstone Gems CC. We are registered in South Africa as a closed corporation under company number CK 99/33029/23 . Our postal address is Touchstone, P.O. Box 316, Sunninghill 2157, South Africa
2) Use of Touchstone Gems CC
2.1 Our site is only intended for use by people resident in the South Africa. We do not accept orders from individuals outside these countries, unless otherwise agreed by us in writing. Please note that we may be unable to deliver to certain addresses outside of South Africa.
2.2 Our site may not be used by persons under the age of 18 years or by temporarily or indefinitely suspended users. By placing an order through our site, you also warrant that you are placing the order as a consumer, i.e. an individual acting outside his or her business. If we discover that you have not complied with the above warranty or conditions or use, we shall be entitled to terminate the contract between us and to pursue any legal remedies that we may have under the general law.
3) Orders by Telephone / Website
3.1 You may order Products either through our website or via telephone. Our call centre is open 5 days a week between 08:00am and 04:00pm.
3.2 We have a ceiling limit on the value of orders that can be accepted when ordering through our site. If you experience any problems when ordering from our site, our customer services team will be more than happy to assist over the telephone.
4) How the Contract is Formed Between You and Us
4.1 Your order for a Product constitutes an offer to buy the Product and all orders are subject to acceptance by us. We reserve the right to reject any order for any reason whatsoever.
4.2 Typically, after placing an order, you will receive an e-mail from us confirming that we have accepted your order and that the Product is ready for or has been dispatched (Order Confirmation). In some instances (for example where you have not provided an email address), you will not receive an Order Confirmation, but we will confirm the information set out below in the invoice and paperwork accompanying your dispatched order. The contract between us (Contract) will only be formed when we send you the Order Confirmation (or where we do not send an Order Confirmation upon delivery of the Product to you), which will set out the following information:
4.2.1 description of the Product ordered;
4.2.2 the price of the Product ordered (including delivery and any packaging charges), including all VAT and other taxes;
4.2.3 confirmation of the arrangement for payment, delivery and performance of the Order;
4.2.4 details of your right to cancel the order (see further at paragraph 5 below);
4.2.5 the period for which the offer or price remains valid;
4.2.6 contact details for any complaints; and
4.2.7 any after-sales services and guarantees.
4.3 The Contract will relate only to those Products whose dispatch (or readiness for dispatch) we confirm in the Order Confirmation. We will not be obliged to supply the remaining Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Order Confirmation.
5) Returns and Cancellations
5.1 In accordance with your statutory rights, you may reject any Product which is faulty or which does not conform to the quantity, quality, standards or description shown on your order (if shown) and which you reasonably expected, within a 15 day period from the date of delivery.
5.2 We emphasize that due to the nature of the gemstone and jewellery products which we supply, it may rarely be the case that Products conform exactly to images on our site. Images on our site can be generic and no two gemstones are the same. For this reason, you acknowledge that the quality, standards and description of the Products shown on your order may not be exact and should be relied upon for guidance purposes only. Your ability to return Products under paragraph 5.1 will be judged on this basis.
5.3 Please also note that some gemstones in our Products have been enhanced to improve their appearance, durability, value or availability through processes other than cutting. You can learn what enhancements are applied as well as any special care instructions. If you need any further information on treatments, please Click here
here for an overview to common industry treatments and enhancements. If you need any further information on treatments, please Click here
. Enhancements are fully disclosed in as much as they may affect the description, quality and standards of any Product which you order.
5.4 A number of our Products are bespoke and are either made to your specifications or clearly personalised. Where your order is for such a Product, you do not have any right to cancel the Contract.
5.5 Subject to paragraph 5.4, you may cancel the Contract at any time from the date of the Contract up to the expiry of the fifteenth (15th) working day after the day of receipt of the Product by you, or the person specified by you for delivery, provided that you inform us in writing of your intention to cancel by hand delivery, post or fax to the place given in paragraph 1 or by email to email@example.com
5.6 In all cases where you wish to return a Product (whether a cancellation or for being defective), you must:
5.6.1 take reasonable care of it at all times until it is returned to us;
5.6.2 any Product supplied in any sealed or secure packaging must be returned in the same packaging, whose seal or security must not have been broken or disturbed (if applicable) and all identification tags must remain intact. Due to hygiene reasons, this is of particular importance in the case of earrings; and
5.6.3 take reasonable care to see that they are received by us and not damaged in transit.
5.7 When you return a Product to us (for instance, because you have cancelled the Contract between us or because you claim that the Product is defective), we will examine the returned Product and will notify you of your entitlement to a refund via e-mail within a reasonable period of time.
5.8 We will process any refund due to you within 30 days of the day we received your cancellation.
5.9 Refunds will be given on the following basis:
5.9.1 where you have validly returned a Product under your right of cancellation described in paragraph 5.4, we will refund the full amount paid by you for the Product, excluding the cost of delivery to you, and any credit card processing costs. You will be responsible for returning the Product to us at your own cost;
5.9.2 where you have validly returned a Product to us because it is defective or for some other reason for which we are responsible, we will refund the full amount paid by you for the Product (the refund of the cost of delivery to you, any credit card processing costs, together with any reimbursement of a reasonable cost incurred by you in returning the Product; will be at Touchstone Gems cc sole discretion, and will be determined based on the nature of the defect and / or the reason for the valid return); and
5.9.3 where you have returned a Product in circumstances other than paragraphs 5.9.1 and 5.9.2 above (which includes rejecting a defective Product more than a reasonable time after receipt), any refund will be at our discretion. If we do agree to provide a refund, we will not refund the cost of delivery to you and we will not reimburse the cost incurred by you in returning the Product.
6) Availability and Delivery
Your order will be fulfilled by the delivery date set out in the Order Confirmation or, if no delivery date is specified, then within 30 days of the date of your order, unless there are exceptional circumstances. If a Product is unavailable so that we cannot deliver it to you within 30 days of your order, we will contact you and either agree a later delivery date or permit you to cancel the Contract, in which case we will refund all monies paid in accordance with our refunds policy. Products that are dispatched by our nominated carrier will require a valid signature as proof of delivery.
7) Risk and Title
7.1 The Products will be at your risk from the time of delivery.
7.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
8) Price for Payment
8.1 The price of any Products will be as quoted on our site at the time of your order, except in cases of obvious error.
8.2 These prices include VAT but exclude delivery costs, which will be added to the total amount due as set out in our Delivery Guide
8.3 Payment for all Products must be by credit card or Electronic Fund Transfer (EFT). We accept payment with Mastercard, or Visa. We do not accept payment by cheque.
The World Jewellery Confederation (CIBJO or Confédération Internationale de la Bijouterie, Joaillerie, Orfèvrerie, des Diamants, Perles et Pierres) is the organisation that records accepted trade practices and nomenclature for the global gem and jewellery industry. We are bound by the code of conduct of the Jewellery Council of South Africa, whom are members of CIBJO. While we use our own prefixes to describe a gemstone's origin, colour or quality, these do not conflict with accepted trade practices.
10) Our Liability
10.1 If we breach these terms and conditions we will not be responsible for any losses which you suffer unless they were reasonably foreseeable to both you and us at the time of the Order Confirmation.
10.2 Any manufacturer's warranty or guarantee applicable to the Product shall be in addition to any responsibility that we have to you under these terms.
11) Written Communication and Notices
11.1 We will mainly communicate with each other electronically, such as by email. Applicable laws may require that some of the information or communications we send to you should be in writing, for which purpose we both agree that electronic communications will suffice. This paragraph does not affect your statutory rights.
11.2 All notices given by one of us to the other must be given in writing and delivered by hand, post, fax or email. Notices to us should be given in accordance with the details in paragraph 1 above. Notices to you may be given to the email address or the postal address provided when you placed your order.
12) Events Outside Our Control
Neither of us shall be liable to the other for any delay or non performance of our respective obligations under the Agreement to the extent that performance is interrupted or prevented by any act or omission beyond our reasonable control. This paragraph does not affect your statutory rights and in particular our obligation to perform the Contract within 30 days of order as set out in paragraph 6. Such delay or non-performance will not be a breach of the Contract and the time for performance will be extended by the period during which performance is prevented.
13.1 If either of us does not insist upon strict performance of any of the other's obligations under the Contract or any of these terms, or if either of us does not exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve the other of us from compliance.
13.2 If the whole or any part of the terms of these terms and conditions prove to be illegal or unenforceable the remainder of the terms and conditions shall remain in full force and effect.
14) Law and Jurisdiction
Contracts for the purchase of Products through our site will be governed by South African law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of South Africa. The language of the Contracts shall be English.