Cape Diamonds Local Sales, Returns, Refunds, Shipping, and Dispute Resolution Policy – South Africa

Effective Date: October 8, 2025

Joel Graham cc T/A Cape Diamonds (“Cape Diamonds,” “we,” “us,” or “our”), a jewelry business registered in South Africa (Registration Number2009/047786/23:, Address:Unit 6, Victoria Junction, Gate 1 & 2, 57 Prestwich St, Green Point, Cape Town, 8005, is dedicated to providing exceptional diamond and jewelry products, including custom and colored gemstone jewelry, to customers within South Africa. This policy (“Policy”) governs all local sales, payments, shipping, returns, refunds, and disputes conducted through our website:https://www.capediamonds.co.za, physical store, or other channels.

BY PLACING AN ORDER OR MAKING A PURCHASE WITH CAPE DIAMONDS, YOU (THE “CUSTOMER,” “YOU,” OR “YOUR”) ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS POLICY. THIS POLICY FORMS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND CAPE DIAMONDS. IF YOU DO NOT AGREE, DO NOT PROCEED WITH ANY PURCHASE.

This Policy ensures transparency, fairness, and compliance with South African consumer laws, including the Consumer Protection Act (CPA) 68 of 2008 and the Electronic Communications and Transactions Act (ECTA) 25 of 2002, while protecting Cape Diamonds due to the high-value, bespoke nature of jewelry, custom manufacturing, and the unique characteristics of colored gemstones.

Important Note on Colored Gemstones: Rings or jewelry built to order with colored gemstones (e.g., sapphires, rubies, emeralds) are non-returnable and non-refunded, except for manufacturing defects, due to their bespoke nature and inherent variability in gemstone characteristics. We do not guarantee the exact color, hue, tone, or saturation of colored gemstones, as natural variations occur and are beyond our control. Customers are responsible for understanding these variations, and color discrepancies are not grounds for returns or refunds unless required by the CPA.

Governing Law and Jurisdiction

This Policy and all transactions are governed by the laws of the Republic of South Africa. Disputes arising from or related to this Policy or your purchase shall be resolved through:

  1. Informal Resolution: You must first contact us directly to resolve any issue.
  2. Arbitration: If unresolved, disputes will be settled via binding arbitration in Cape Town, South Africa, under the rules of the Arbitration Foundation of Southern Africa (AFSA).
  3. Court Jurisdiction: Where arbitration is not pursued, disputes may be resolved in the Magistrate’s Court or High Court in Cape Town, subject to South African law.

You waive any right to pursue class actions or collective proceedings. The prevailing party is entitled to recover reasonable attorneys’ fees and costs. The CPA and ECTA apply where mandatory, including cooling-off periods and consumer rights for defective goods, as outlined below.

Payment Terms

1. Accepted Payments: We accept:

  • Major credit/debit cards (Visa, Mastercard, American Express) via secure, PCI DSS-compliant payment gateways.
  • Electronic Funds Transfer (EFT) to our South African bank account (details provided at checkout).
  • Instant EFT or mobile payment platforms (e.g., SnapScan, Zapper, where available).
  • Cash (for in-store purchases only, with exact change preferred). Transactions are in South African Rand (ZAR).

2. Security Measures: To prevent fraud:

  • Address Verification System (AVS) and Card Verification Value (CVV) are required for card payments.
  • 3D Secure authentication (e.g., Verified by Visa, Mastercard SecureCode) is mandatory.
  • Additional verification (e.g., government-issued ID, phone confirmation) may be requested for orders over ZAR 50,000 or flagged as high-risk.

3. Billing Descriptor:

  • Charges appear as “CAPE DIAMONDS ZA” on your statement.

4. Taxes:

  • Prices include Value Added Tax (VAT) at 15% as required by the South African Revenue Service (SARS). VAT is itemized on invoices.

5. No Installments:

  • Full payment is due at checkout or upon order confirmation. Incomplete payments result in order cancellation.

6. Fraud Prevention:

  • We may cancel or refuse orders suspected of fraud (e.g., mismatched details, multiple failed payment attempts). You must cooperate with verification requests; failure voids the transaction.

Shipping and Delivery

1. Local Shipping:

  • We offer delivery within South Africa via reputable couriers (e.g., The Courier Guy, PostNet) with tracking and insurance up to the item’s value.
  • Standard delivery: 2-7 business days (estimated, not guaranteed).
  • Express delivery (if available): 1-3 business days for an additional fee.
  • In-store pickup is available at [Insert Address] during business hours.

2. Shipping Costs:

  • Free standard shipping for orders over ZAR 10,000.
  • Flat rate of ZAR [Insert Amount] for orders below ZAR 10,000 (or as quoted at checkout).

3. Title and Risk Transfer:

  • Title and risk of loss pass to you upon handover to the courier or upon in-store pickup.

4. Delivery Requirements:

  • Provide accurate, complete delivery details. Errors leading to delays or failed deliveries are your responsibility.
  • Signature confirmation is required for orders over ZAR 5,000.
  • Inspect packages immediately and report external damage to the courier and us within 24 hours.

5. Unclaimed/Undeliverable Packages:

  • Packages returned to us incur a restocking fee (15% of order value) and deduction of shipping costs before any refund.
  • Unclaimed packages after 30 days may be forfeited without refund.

6. Insurance:

  • Items are insured during transit. For lost or damaged shipments, notify us and the courier within 24 hours. We assist with claims but make no guarantees. Replacements or refunds are at our discretion post-investigation.

Returns

ALL SALES OF CUSTOM OR COLORED GEMSTONE OR COLORED DIAMOND JEWELRY ARE FINAL, EXCEPT AS REQUIRED BY THE CPA FOR MANUFACTURING DEFECTS. NO RETURNS OR REFUNDS ARE PERMITTED FOR CHANGE OF MIND, BUYER’S REMORSE, OR COLOR VARIATIONS IN COLORED GEMSTONES, UNLESS MANDATED BY LAW.

1. CPA Cooling-Off Period:

  • Under Section 16 of the CPA, you may return goods purchased via electronic transactions (e.g., website) within 7 calendar days of receipt for a full refund, provided the item is unused, in original condition, and in original packaging. This does not apply to:
  • Custom, personalized, or made-to-order items (e.g., engraved pieces, resized rings, colored gemstone jewelry).
  • In-store purchases (unless defective).
  • You bear return shipping costs unless the return is due to our error or defect.

2. No Returns for Colored Gemstone Jewelry:

  • Rings or jewelry with colored gemstones or Colored diamonds are non-returnable and non-refunded, except for manufacturing defects verifiable by an independent gemologist, due to their bespoke nature and natural variations in color, hue, tone, or saturation. We do not guarantee exact gemstone color, as variations are inherent and may differ under lighting conditions or compared to images. By ordering, you accept these variations.

3. Limited Return Eligibility:

  • Returns are permitted only for non-custom, non-colored gemstone items that are:
  • Defective due to our manufacturing error (not wear, tear, or misuse).
  • Damaged during transit (evidenced by courier damage reports).
  • Incorrectly shipped (e.g., wrong item, not matching confirmed specifications).
  • Exclusions:
  • Custom, personalized, or made-to-order items, including all colored gemstone jewelry, unless defective under CPA.
  • Items altered, worn, resized, or damaged by you or third parties.
  • Hygiene-sensitive items (e.g., earrings, piercings).
  • Items not in original condition, including missing packaging, certificates, or tags.
  • Sizing issues based on your provided measurements (we confirm via email; your approval is binding).
  • Subjective disputes (e.g., color variations, perceived value, or appraisals differing from our certifications).

4. Notification Period:

  • Notify us in writing (email to [Insert Contact Email]) within 7 calendar days of delivery (per tracking or receipt) for CPA returns or defect claims. Late notices are invalid.
  • Provide:
  • Order number and detailed issue description.
  • High-resolution photos/videos of the issue (unboxing video required for orders over ZAR 20,000).
  • Independent gemological appraisal (at your cost) for defect claims, if requested.
  • Courier damage report for transit issues.

5. Return Authorization Process:

  • Obtain our written Return Merchandise Authorization (RMA) number (issued within 3 business days if eligible).
  • Unauthorized returns are refused and returned at your expense.
  • Arrange and prepay return shipping via insured, tracked courier (e.g., PostNet, The Courier Guy) with original packaging and all accessories (e.g., certificates, boxes).
  • You bear return shipping costs unless the return is due to our error or defect (per CPA).
  • Ship to: [Insert Return Address]. Allow 3-10 days for transit.

6. Inspection:

  • We inspect returns within 5 business days using our certified gemologists.
  • If the claim is invalid (e.g., no defect, user damage, color variation), we return the item at your expense with no refund.
  • We may opt to repair or replace instead of refunding, per CPA Section 56.

7. Abuse Prevention:

  • We monitor return patterns. Fraudulent or excessive claims may result in order bans or legal action.

Refunds

1. Eligibility:

  • Refunds are issued for:
  • Approved CPA cooling-off period returns (non-custom, non-colored gemstone items).
  • Approved returns of eligible, non-custom, non-colored gemstone items for manufacturing defects, transit damage, or incorrect shipments.
  • No refunds for colored gemstone jewelry, except for verifiable manufacturing defects under CPA Section 55.

2. Processing:

  • Refunds are processed within 7 business days of inspection approval, via the original payment method (card or EFT). Bank processing may add 3-7 days.
  • For CPA cooling-off returns, we refund the full purchase price (including VAT, excluding shipping unless our error).
  • For defect claims, we refund the item purchase price only, excluding shipping or custom fees.

3. Deductions:

  • We deduct for missing/damaged components or restocking (15% of order value for non-defective returns).
  • Non-refunded items/services: Gift cards, final sale items, appraisals, or custom fees.

4. Currency:

  • Refunds are in ZAR, with no additional fees for local transactions.

Chargebacks, Disputes, and Resolutions

YOU AGREE TO CONTACT US DIRECTLY FOR ANY ISSUE BEFORE INITIATING A CHARGEBACK OR DISPUTE WITH YOUR BANK OR CARD ISSUER, AS REQUIRED BY CPA SECTION 49. FAILURE TO DO SO MAY FORFEIT YOUR RIGHTS TO REFUNDS OR FUTURE PURCHASES.

1. Dispute Process:

  • Submit disputes in writing to sales@capediamonds.co.za with order details, evidence, and issue description.
  • We respond within 5 business days, providing documentation (e.g., tracking, photos, email confirmations, gemological reports).
  • Per CPA, we aim to resolve disputes informally first.

2. Chargeback Consequences:

  • Unjustified chargebacks trigger:
  • Forfeiture of refund eligibility.
  • Deduction of fees and costs from any settlement.
  • Potential denial of future orders or legal action.

3. Evidence Retention:

  • We maintain records (order confirmations, tracking, delivery signatures, communications, gemological certificates) to defend against chargebacks.
  • You acknowledge our right to present this evidence to your bank or arbitrator.

4. Fraudulent Chargebacks:

  • Attempts to reverse payments for delivered, conforming goods without prior notice are considered fraudulent and may be reported to authorities.

5. Resolution Options:

  • Informal resolution via direct communication.
  • Referral to the National Consumer Commission (NCC) or Consumer Goods and Services Ombud if unresolved.
  • Arbitration via AFSA in Cape Town or court action as a last resort.

Limitations of Liability

To the extent permitted by the CPA:

  • Cape Diamonds, its officers, directors, employees, or agents are not liable for indirect, incidental, consequential, or punitive damages, including loss of profits or personal injury, arising from your purchase or use of our products.
  • Our liability is capped at the purchase price paid for the item.
  • We disclaim implied warranties beyond those expressly provided (e.g., GIA certifications) or required by CPA Section 55 (safe, good quality goods).
  • No liability exists for colored gemstone color variations or subjective expectations.

Force Majeure

We are not liable for delays, failures, or losses due to events beyond our control, including pandemics, civil unrest, or natural disasters.

Intellectual Property

All designs, logos, trademarks, and website content are the exclusive property of Cape Diamonds. Unauthorized use is prohibited and subject to legal action.

Severability and Amendments

If any provision is invalid, the remaining provisions remain in effect. We may amend this Policy; updated terms apply to orders placed after the effective date. The latest version is available on our website.

Contact Information

For inquiries, disputes, or return requests:

Email: sales@capediamonds.co.za

Phone: +27 21 421 5364 (Business hours: Mon-Fri, 9:00 AM – 5:00 PM SAST)

Address: Unit 6, Victoria Junction, Gate 1 & 2, 57 Prestwich St, Green Point, Cape Town, 8005

Website: https://www.capediamonds.co.za

Acknowledgment:

By purchasing, you confirm you have read, understood, and agree to this Policy, including the non-returnable status of colored gemstone jewelry (except for CPA defects) and the non-guaranteed nature of gemstone color. Thank you for choosing Cape Diamonds.

Key Adjustments for South Africa

  1. CPA Compliance: Added mandatory cooling-off period (7 days) for electronic transactions, consumer rights for defective goods (CPA Sections 55-56), and dispute resolution processes (informal, NCC, Ombud).
  2. Shipping: Simplified to local couriers, with free shipping thresholds and in-store pickup options.
  3. Payments: Included local payment methods (EFT, mobile payments) and VAT requirements.
  4. Disputes: Emphasized informal resolution and local options (NCC, Ombud) before arbitration or courts.
  5. Colored Gemstones: Maintained non-returnable status except for CPA-required defect returns, with clear disclaimers on color variations.

If you need further customization (e.g., specific shipping fees, return addresses, or additional CPA clauses), please provide details, and I can refine the policy. Let me know if you want me to search for additional South African legal requirements or analyze any specific aspects!

Cape Diamonds International Sales, Returns, Refunds, Shipping, and Dispute Resolution Policy

Effective Date: October 8, 2025

Joel Graham cc T/A Cape Diamonds (“Cape Diamonds,” “we,” “us,” or “our”), a jewelry business registered in South Africa (Registration Number: 2009/047786/23, Address: Unit 6, Victoria Junction, Gate 1 & 2, 57 Prestwich St, Green Point, Cape Town, 8005, is committed to delivering exceptional diamond and jewelry products, including custom designs and colored gemstone jewelry, to international customers. This comprehensive policy (“Policy”) governs all international sales, payments, shipping, returns, refunds, chargebacks, disputes, and related matters conducted through our website: https://www.capediamonds.co.za, email, phone, or other authorized channels.

 

BY PLACING AN ORDER OR MAKING A PURCHASE WITH CAPE DIAMONDS, YOU (THE “CUSTOMER,” “YOU,” OR “YOUR”) EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS POLICY IN ITS ENTIRETY. THIS POLICY FORMS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND CAPE DIAMONDS. IF YOU DO NOT AGREE, DO NOT PROCEED WITH ANY PURCHASE.

 

This Policy is designed to ensure transparency, fairness, and robust protection for Cape Diamonds, given the complexities of international jewelry transactions. These include high-value items, non-refundable customs duties and taxes paid by us, elevated shipping costs and risks, custom manufacturing, the unique nature of colored gemstones, and potential fraud or chargeback risks. As a South African seller, we comply with applicable South African laws, including the Consumer Protection Act (CPA) 68 of 2008 and the Electronic Communications and Transactions Act (ECTA) 25 of 2002, where required. However, international customers are not covered by South African consumer protections unless explicitly stated, and local consumer laws in your jurisdiction do not apply unless mandated by international law. All sales are final except as expressly provided herein.

 

Important Note on Colored Gemstones and Colored Diamonds: Rings or jewelry built to order with colored gemstones or colored diamonds (e.g., sapphires, rubies, emeralds) are non-returnable and non-refunded under any circumstances, including for defects, due to their bespoke nature and the inherent variability of gemstone characteristics. We do not guarantee the exact color, hue, tone, saturation, or clarity of colored gemstones, as natural variations occur and are beyond our control. These variations may differ from images, videos, or descriptions due to lighting, screen settings, or gemstone properties. Customers are responsible for understanding these variations, and color or appearance discrepancies are not grounds for returns, refunds, or disputes.

 

Important Note on Custom Orders: All custom, personalized, or made-to-order jewelry (e.g., engraved pieces, specific designs, resized rings) is non-returnable and non-refunded, except in cases of verifiable manufacturing defects attributable to Cape Diamonds, as determined by our certified gemologists or an independent appraisal.

Governing Law and Jurisdiction

  1. Applicable Law: This Policy and all transactions are governed exclusively by the laws of the Republic of South Africa, without regard to conflict of laws principles. This applies to all aspects of the purchase, including but not limited to contract formation, payment, shipping, returns, and disputes.
  2. Dispute Resolution: Any disputes arising from or related to this Policy or your purchase shall be resolved solely through binding arbitration in Cape Town, South Africa, under the rules of the Arbitration Foundation of Southern Africa (AFSA). The arbitration shall be conducted in English by a single arbitrator, and the decision shall be final and binding.
  3. Waiver of Collective Actions: You expressly waive any right to pursue class actions, collective proceedings, or representative actions against Cape Diamonds.
  4. Costs and Fees: The prevailing party in any arbitration or related legal action is entitled to recover reasonable attorneys’ fees, arbitration costs, and other expenses.
  5. Jurisdictional Acknowledgment: International customers acknowledge that South African consumer laws (e.g., CPA cooling-off periods or return rights) do not apply to international transactions. No mandatory consumer protections from your jurisdiction are incorporated unless required by applicable international law.
  6. Enforcement: Any arbitral award may be enforced in any court with competent jurisdiction. No court actions are permitted except for the enforcement of arbitral awards or injunctive relief to protect Cape Diamonds’ intellectual property.

Payment Terms

1. Accepted Payment Methods:

  • We accept major credit and debit cards (Visa, Mastercard, American Express) via secure, PCI DSS-compliant third-party payment gateways (e.g., PayGate, Stripe).
  • Bank wire transfers are accepted for orders over ZAR 100,000, with details provided at checkout.
  • Cryptocurrency payments (e.g., Bitcoin, Ethereum) may be accepted on a case-by-case basis, subject to additional verification and approval.
  • All transactions are processed in South African Rand (ZAR) or converted to your local currency at the prevailing exchange rate set by the payment processor at the time of purchase.

2. Security and Fraud Prevention:

To mitigate fraud and chargeback risks, we require:

  • Address Verification System (AVS) matching the billing address to the cardholder’s registered address.
  • Card Verification Value (CVV) submission for all card transactions.
  • 3D Secure authentication (e.g., Verified by Visa, Mastercard SecureCode) for all online card payments.
  • Additional verification for high-risk or high-value orders (ZAR 50,000 or above), including but not limited to:
  • Copy of government-issued ID (e.g., passport, driver’s license).
  • Phone or video call confirmation.
  • Proof of address (e.g., utility bill).
  • Signed order confirmation form.
  • Orders flagged as high-risk (e.g., mismatched billing/shipping details, multiple failed payment attempts) may be canceled at our discretion without notice.
  • Failure to comply with verification requests within 48 hours voids the transaction, and any partial payments will be refunded minus processing fees.

3. Billing Descriptor:

  • Charges will appear as “CAPE DIAMONDS ZA” or a similar identifier on your bank or card statement.

4. Authorization Holds:

  • Temporary holds may be placed on your payment method to verify funds availability. These holds are released upon order shipment or cancellation.
  • For custom orders, a non-refundable deposit (up to 50% of the order value) may be required before production begins.

5. Taxes and Duties:

  • Prices exclude local sales taxes, value-added taxes (VAT), or other levies in your jurisdiction, which are your responsibility.
  • Cape Diamonds covers all outbound import duties and taxes under Delivered Duty Paid (DDP) terms, meaning we pay these costs upfront. These are non-refundable, even in the case of returns or order cancellations.

6. No Installment Payments:

  • Full payment is required at checkout or upon order confirmation.
  • Incomplete or partial payments result in automatic order cancellation, with any funds held refunded minus applicable processing fees.

7. Currency Conversion:

  • For non-ZAR transactions, your payment provider may apply currency conversion fees or exchange rate margins, which are your responsibility.
  • We are not liable for discrepancies between estimated and actual charges due to exchange rate fluctuations.

8. Fraud Prevention Measures:

  • We employ advanced fraud detection systems, including IP geolocation checks, transaction velocity monitoring, and payment pattern analysis.
  • Suspicious orders may be delayed, canceled, or subject to additional scrutiny. You agree to cooperate fully with our verification processes.
  • We reserve the right to report suspected fraudulent activities to relevant authorities, payment networks, or credit bureaus.

Shipping and Delivery

1. Outbound Shipping: 

  • Cape Diamonds covers all costs for shipping from South Africa to your designated international address via reputable couriers (e.g., DHL, FedEx, UPS).
  • Shipments include full insurance up to the item’s declared value and all import duties/taxes (DDP terms).
  • Estimated delivery times (5-14 business days) are provided at checkout but are not guaranteed due to variables such as customs processing, carrier delays, or local regulations.

2. Shipping Methods:

  • Standard Shipping: 5-14 business days, included in the purchase price.
  • Express Shipping: 3-7 business days, available for an additional fee (quoted at checkout).
  • Customers may request specific couriers, subject to availability and additional costs.

3. Title and Risk Transfer:

  • Title and risk of loss pass to you upon handover to the courier at our South African facility.
  • We strongly recommend requiring signature confirmation for high-value deliveries (mandatory for orders over ZAR 20,000).

4. Delivery Requirements:

  • You must provide accurate, complete, and verifiable shipping details, including full name, address, and contact information.
  • Errors in shipping details leading to delays, seizures, additional fees, or non-delivery are your responsibility. We are not liable for costs incurred due to incorrect or incomplete information.
  • You are responsible for complying with your country’s import regulations, including providing any required documentation (e.g., import permits, tax ID numbers).

5. Customs and Import Regulations:

  • While we cover import duties and taxes (DDP), you are responsible for any additional fees imposed by your local authorities (e.g., post-delivery taxes or handling charges).
  • We are not liable for customs delays, confiscations, or prohibitions on jewelry imports in your jurisdiction. You must verify the legality of importing our products before ordering.

6. Tracking and Proof of Delivery:

  • A tracking number is emailed or messaged upon shipment. You are responsible for monitoring delivery progress.
  • Delivery is confirmed via carrier records (e.g., signature, photo proof, GPS data).
  • Inspect packages immediately upon receipt and report external damage to the courier and us within 24 hours of delivery confirmation.

7. Unclaimed or Undeliverable Packages:

  • Packages returned to us as unclaimed, refused, or undeliverable incur a restocking fee of 20% of the order value and deduction of non-recoverable shipping, duties, and taxes before any refund.
  • Unclaimed packages held by the courier or customs for more than 30 days may be forfeited without refund.

8. Insurance:

  • All shipments are insured for their full declared value during transit.
  • For lost or damaged shipments, you must:
  • Notify us and the courier within 24 hours of delivery (for damage) or expected delivery date (for loss).
  • File a claim with the courier, with our assistance in providing documentation (e.g., invoices, photos).
  • Replacements or refunds for insured losses are at our discretion following the courier’s claim resolution, which may take 30-60 days.

9. Force Majeure:

  • We are not liable for delays or non-delivery due to events beyond our control, including but not limited to pandemics, wars, civil unrest, customs delays, strikes, natural disasters, or carrier disruptions.

Returns

ALL INTERNATIONAL SALES ARE FINAL. NO RETURNS OR REFUNDS ARE PERMITTED FOR CHANGE OF MIND, BUYER’S REMORSE, NON-DEFECTIVE REASONS, OR COLOR VARIATIONS IN COLORED GEMSTONES, DUE TO THE CUSTOM NATURE OF JEWELRY, NON-REFUNDABLE DUTIES/TAXES PAID BY US, AND HIGH RETURN SHIPPING COSTS AND RISKS.

 

1. No Returns for Colored Gemstone and Colored Diamond Jewelry:

  • Rings or jewelry built to order with colored gemstones (e.g., sapphires, rubies, emeralds) or coloured diamonds are non-returnable and non-refunded under any circumstances, including for defects, due to their bespoke nature and natural variations in gemstone characteristics.
  • We do not guarantee the exact color, hue, tone, saturation, or clarity of colored gemstones, as these vary naturally and may differ from images, videos, or descriptions due to lighting, screen calibration, or gemstone properties.
  • By ordering colored gemstone jewelry, you accept these variations and waive any claims related to color or appearance discrepancies.

2. No Returns for Custom Orders:

  • All custom, personalized, or made-to-order jewelry (e.g., engraved pieces, resized rings, specific designs) is non-returnable and non-refunded, except for verifiable manufacturing defects solely attributable to Cape Diamonds.

3. Limited Return Eligibility:

Returns are permitted only for non-custom, non-colored gemstone or diamond items (e.g., standard diamond jewelry) that are:

  • Defective due to our manufacturing error (e.g., material flaws, structural failures, not wear, tear, or misuse).
  • Damaged during transit (evidenced by courier damage reports and photos).
  • Incorrectly shipped (e.g., wrong item, not matching confirmed specifications in the order confirmation email).

Exclusions:

  • Custom, personalized, or made-to-order items, including all colored gemstone jewelry.
  • Items altered, worn, resized, repaired, or damaged by you or third parties.
  • Hygiene-sensitive items (e.g., earrings, body jewelry).
  • Items not in original condition, including missing packaging, certificates (e.g., GIA, EGL), or tags.
  • Sizing issues based on your provided measurements (we confirm sizes via email; your approval is binding).
  • Subjective disputes (e.g., color variations, perceived value, or appraisals differing from our certifications).
  • Claims made after the notification period below.

4. Notification Period:

  • You must notify us in writing via email sales@capediamonds.co.za within 7 calendar days of delivery confirmation (per courier tracking records). Late notices are invalid.
  • Required documentation:
  • Order number and detailed description of the issue.
  • High-resolution photos and/or videos of the issue (unboxing video required for orders over ZAR 20,000 to verify condition upon receipt).
  • Independent gemological appraisal (at your cost) for defect claims, conducted by a reputable laboratory (e.g., GIA, IGI).
    Courier damage report for transit-related issues, including photos of packaging.

5. Return Authorization Process:

  • Obtain a written Return Merchandise Authorization (RMA) number from us (issued within 3 business days if eligible).Unauthorized returns are refused and returned to you at your expense.
  • Arrange and prepay return shipping via an insured, tracked international courier. This must only be DHL or Fedex. Items must be with original packaging, certificates, and all accessories.
  • You bear all return shipping costs, risks, export/import duties, taxes, and insurance. We recommend insuring the return for its full value.
  • Ship to:Joel Graham cc, Unit 6, Victoria Junction, Gate 1 & 2, 57 Prestwich St, Green Point, Cape Town, 8005. Allow 7-21 days for transit, depending on your location.
  • We are not responsible for lost, damaged, or seized returns during transit.

6. Inspection:

  • Returns are inspected within 5 business days of receipt by our certified gemologists.
  • If the claim is invalid (e.g., no defect, user damage, color variation, or wear), the item is returned to you at your expense with no refund.
  • We may opt to repair or replace the item instead of issuing a refund, at our discretion.

7. Abuse Prevention:

  • We monitor return patterns to detect fraudulent or abusive behavior (e.g., repeated claims, false defect allegations).
  • Such behavior may result in order bans, reporting to authorities, or legal action to recover costs, including shipping, duties, and legal fees.

8. International Return Challenges:

  • Due to high shipping costs, customs complexities, and non-refunded duties/taxes, we strongly encourage customers to carefully review orders before purchase.
  • Returns may be subject to additional scrutiny to ensure compliance with this Policy.

Refunds

1. Eligibility:

  • Refunds are issued only for approved returns of eligible, non-custom, non-colored gemstone items per the above conditions.
  • We refund the item purchase price only, excluding outbound shipping, duties, taxes, insurance, or custom fees paid by us, which are non-recoverable.

2. No Refunds for Colored Gemstone or Custom Jewelry:

  • Rings or jewelry with colored gemstones or custom designs are non-refunded under any circumstances, including defects, due to their bespoke nature and inherent variability.

3. Processing:

  • Refunds are processed within 10 business days of inspection approval, via the original payment method (e.g., credit card, wire transfer).
  • Bank or payment processor delays may add 3-10 days for funds to appear in your account.
  • No cash, store credit, or partial refunds are offered unless required by applicable law.

4. Deductions:

  • We deduct for:
  • Missing or damaged components (e.g., packaging, certificates).
  • Restocking fee (15% of order value for approved returns).
  • Non-recoverable costs (e.g., shipping, duties, taxes).

5. Currency:

  • Refunds are issued in ZAR or the equivalent original currency, minus any international bank transfer or currency conversion fees charged by your or our financial institution.

6. Non-Refundable Items and Services:

  • Gift cards, final sale items, appraisals, custom design fees, engraving fees, or shipping costs are non-refunded.

7. CPA Exclusion:

  • International customers are not entitled to CPA-mandated refunds (e.g., cooling-off periods) as these apply only to South African residents for local transactions.

Chargebacks, Disputes, and Resolutions

YOU AGREE TO CONTACT US DIRECTLY FOR ANY ISSUE BEFORE INITIATING A CHARGEBACK, DISPUTE, OR PAYMENT REVERSAL WITH YOUR BANK, CARD ISSUER, OR PAYMENT PROVIDER. FAILURE TO DO SO BREACHES THIS POLICY AND MAY FORFEIT YOUR RIGHTS TO REFUNDS OR FUTURE PURCHASES.

 

1. Prevention Measures:

  • Our use of 3D Secure, AVS, CVV, and additional verification processes minimizes fraud and billing errors.
  • We provide clear billing descriptors, order confirmations, and tracking information to reduce confusion.

2. Dispute Process:

  • Submit disputes in writing to sales@capediamonds.co.za within 7 calendar days of delivery or issue discovery, including:
  • Order number and detailed issue description.
  • Supporting evidence (e.g., photos, videos, courier reports, appraisals).
  • We respond within 5 business days, providing documentation (e.g., order confirmations, tracking, delivery signatures, gemological certificates).
  • We aim to resolve disputes amicably through direct communication or mediation before escalation.

3. Chargeback Consequences:

  • Chargebacks impose significant costs (up to ZAR 1,500 per incident) and disrupt operations. Unjustified or premature chargebacks trigger:
  • Forfeiture of refund eligibility.
  • Deduction of chargeback fees, non-recoverable duties/taxes, shipping costs, and legal expenses from any settlement.
  • Denial of future orders or account termination.
  • Potential legal action or collections to recover losses.

4. Evidence Retention:

  • We maintain comprehensive records, including order confirmations, payment receipts, tracking data, delivery signatures, communications, and gemological certificates, to defend against chargebacks or disputes.
  • By purchasing, you acknowledge our right to present this evidence to your bank, payment provider, or arbitrator.

5. Fraudulent Chargebacks:

  • Attempts to reverse payments for delivered, conforming goods or without prior notice are considered fraudulent.
  • We may report such actions to credit bureaus, payment networks (e.g., Visa, Mastercard), or law enforcement authorities in South Africa or your jurisdiction.

6. Arbitration:

  • All disputes are resolved via AFSA arbitration in Cape Town, South Africa, in English.
  • No court actions are permitted except for enforcement of arbitral awards or injunctive relief for intellectual property violations.
  • You agree to bear your own legal and travel costs for arbitration unless awarded otherwise.

Limitations of Liability

To the fullest extent permitted by law:

  • Cape Diamonds, its officers, directors, employees, agents, or affiliates shall not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, including but not limited to loss of profits, data, use, or personal injury, arising from your purchase, use, or inability to use our products.
  • Our total liability is capped at the purchase price paid for the item.
  • We disclaim all implied warranties beyond those expressly provided (e.g., diamond certifications from GIA, IGI, or EGL), except where non-waivable by applicable international law.
  • No liability exists for:
  • Colored gemstone color, hue, tone, saturation, or clarity variations.
  • Subjective expectations (e.g., perceived value, aesthetic preferences).
  • Third-party actions (e.g., courier errors, customs seizures).
  • Misuse, improper care, or alteration of items.
  • This does not affect non-waivable statutory rights for defective goods under applicable international law, if any.

Force Majeure

We are not liable for delays, failures, or losses due to events beyond our control, including but not limited to:
Pandemics, epidemics, or public health crises.

  • Wars, terrorism, or civil unrest.
  • Customs delays, inspections, or seizures.
  • Natural disasters (e.g., earthquakes, floods).
  • Strikes, labor disputes, or carrier disruptions.
  • Government regulations or trade restrictions.

Intellectual Property

  1. All designs, logos, trademarks, website content, product images, and descriptions are the exclusive property of Cape Diamonds or our licensors.
  2. Unauthorized reproduction, use, distribution, or modification of our intellectual property is prohibited and subject to legal action, including claims for damages and injunctive relief.
  3. Custom designs created for you remain our intellectual property unless otherwise agreed in writing.

Product Certifications and Warranties

1. Diamond Certifications:

  • All diamonds are accompanied by certifications from reputable gemological laboratories (e.g., GIA, IGI, EGL) where applicable, detailing the 4Cs (carat, cut, color, clarity).
  • Certifications are provided at no additional cost and must be returned with any eligible return.

2. Colored Gemstones:

  • Colored gemstones may include certifications from recognized laboratories, but we do not guarantee specific characteristics beyond those stated in the certificate.
  • Variations in color or appearance are not covered by warranties.

3. Limited Warranty:

  • Non-custom, non-colored gemstone items carry a one-year limited warranty against manufacturing defects, starting from the delivery date.
  • The warranty covers repairs or replacements at our discretion, provided the defect is verified by our gemologists or an independent appraisal.
  • Exclusions: Damage due to misuse, wear and tear, improper care, or third-party alterations.

4. Care Instructions:

  • You are responsible for following provided care instructions (e.g., avoiding harsh chemicals, storing jewelry properly).
  • Failure to follow care instructions voids any warranty claims.

Privacy and Data Protection

  • We collect, store, and process personal information (e.g., name, address, payment details) in accordance with our Privacy Policy (available at [Insert Website URL]).
  • Your data is protected under South African data protection laws (e.g., Protection of Personal Information Act (POPIA) 4 of 2013) and, where applicable, international regulations (e.g., GDPR for EU customers).
  • By purchasing, you consent to:
  • Sharing necessary information with couriers, payment processors, or verification services.
  • Receiving order-related communications (e.g., confirmations, tracking updates).
  • We do not sell or share your data for marketing purposes without your explicit consent.

Severability and Amendments

  • If any provision of this Policy is deemed invalid or unenforceable, the remaining provisions remain in full effect.
  • We reserve the right to amend this Policy at our discretion. Updated terms apply to orders placed after the effective date.
  • The latest version is available on our website ([Insert Website URL]). It is your responsibility to review the Policy before each purchase.

Contact Information

For inquiries, disputes, return requests, or support:

Email: returns@capediamonds.co.za

Phone: +27 21 421 5364 (Business hours: Mon-Fri, 9:00 AM – 5:00 PM SAST)

Address: Unit 6, Victoria Junction, Gate 1 & 2, 57 Prestwich St, Green Point, Cape Town, 8005

Website: https://www.capediamonds.co.za

Acknowledgment

By completing your purchase, you confirm that you have read, understood, and agree to this Policy in its entirety, including:

  • The non-returnable and non-refunded status of colored gemstone jewelry and custom orders, even for defects.
  • The non-guaranteed nature of colored gemstone characteristics (e.g., color, hue, tone, saturation).
  • The requirement to contact us directly before initiating chargebacks or disputes.
  • The exclusive application of South African law and AFSA arbitration for dispute resolution.

Thank you for choosing Cape Diamonds. We are committed to excellence and value your trust.

Key Expansions and Additions

  1. Payment Terms: Added support for bank wire transfers and cryptocurrencies (with conditions), detailed currency conversion risks, and expanded fraud prevention measures (e.g., IP checks, transaction monitoring).
  2. Shipping: Included express shipping options, detailed customs responsibilities, and clarified insurance claim processes.
  3. Returns: Emphasized non-returnable status of custom and colored gemstone items, added requirements for independent appraisals, and clarified international return challenges.
  4. Refunds: Specified non-refunded fees and currency conversion deductions.
  5. Disputes: Added mediation as a preliminary step and detailed consequences of fraudulent chargebacks.
  6. Certifications and Warranties: Introduced a one-year limited warranty for non-custom items and clarified certification processes for diamonds and gemstones.
  7. Privacy: Incorporated compliance with POPIA and GDPR, with consent for data sharing.
  8. Force Majeure and Intellectual Property: Expanded to cover additional scenarios and protect custom designs.

If you need further customization (e.g., specific courier names, return addresses, or additional legal considerations for certain countries), please provide details. I can also search for international regulations or analyze specific risks (e.g., fraud trends, shipping restrictions) if requested. Let me know how to proceed!

 

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