Terms and Conditions for Joel Graham cc T/A Cape Diamonds
Welcome to Cape Diamonds (“we,” “us,” or “our”), a proudly South African jeweller specializing in fine jewellery, including engagement rings, wedding bands, and custom-made pieces, accessible at [capediamonds.co.za] (the “Website”). These Terms of Service (“Terms”) govern your use of our Website, purchases, and interactions with our services. By accessing the Website, placing an order, or engaging with us, you agree to be bound by these Terms, our Privacy Policy, and applicable South African laws. If you do not agree, please refrain from using our Website or services.
Cape Diamonds crafts high-quality jewellery using premium materials, tailored to specifications agreed upon at the time of order. We reserve the right to update these Terms at any time, with changes posted on this page and material updates communicated via email or Website notice. Continued use after changes constitutes acceptance.
1. Website Use
1.1 Eligibility:
You must be 18 or older or have legal guardian consent to use our Website or make purchases. By using the Website, you confirm compliance with this requirement.
1.2 Account Responsibility:
Account creation may be required for purchases. You are responsible for securing your account credentials and notifying us immediately of unauthorized use at sales@capediamonds.co.za.
1.3 Prohibited Conduct:
You may not:
- Use the Website unlawfully or in violation of these Terms.
- Attempt to disrupt, hack, or interfere with Website functionality.
- Misrepresent your identity or provide false information.
- Copy, reproduce, or resell Website content without written permission.
1.4 Availability:
We aim to keep the Website accessible but do not guarantee uninterrupted service. We may suspend or modify access for maintenance or other reasons without liability.
2. Ordering and Payment
2.1 Product Accuracy:
We strive to provide accurate descriptions, images, and prices for our jewellery. Minor variations (e.g., colour or design due to handmade craftsmanship or natural gemstone properties) may occur. Pricing or availability errors will be corrected, and we may cancel affected orders with a full refund.
2.2 Order Process:
An order is an offer to purchase, which we may accept or reject (e.g., due to stock issues or FICA non-compliance). Order acceptance is confirmed via email.
2.3 Pricing and Taxes:
Prices are in South African Rand (ZAR) and include VAT per the Value-Added Tax Act, 1991. Additional costs (e.g., shipping, international customs duties) are displayed at checkout.
2.4 Payment Security:
Payments are processed via secure, PCI DSS-compliant third-party gateways (e.g., PayFast, Peach). You must provide accurate payment details, with full payment required before dispatch unless otherwise agreed.
2.5 High-Value Transactions (≥ R100,000):
For orders ≥ R100,000, we comply with the Financial Intelligence Centre Act, 2001 (FICA) by requiring:
- Proof of Identity: Valid South African ID, passport, or equivalent.
- Proof of Address: Utility bill, bank statement, or similar (≤ 3 months old).
- Source of Funds: A completed questionnaire detailing the funds’ origin (e.g., salary, savings, property sale, inheritance). For high-risk transactions, we may request additional documents (e.g., payslips, bank statements, sale agreements) for verification. Failure to provide these may delay or cancel your order. Data is handled securely per POPIA and retained for 5 years per FICA.
2.6 Order Cancellation by Us:
We may cancel orders due to stock unavailability, payment failure, suspected fraud, or FICA non-compliance, with prompt notification and full refund.
3. Shipping and Delivery
3.1 Shipping Regions:
We ship to South Africa and select international destinations. Delivery times are estimates and may vary due to courier or customs delays.
3.2 Risk and Ownership:
Risk of loss or damage transfers upon delivery. Ownership transfers upon full payment.
3.3 Shipping Costs:
Local shipping in South Africa is free. International shipping costs and duties are displayed at checkout.
3.4 Delays:
We are not liable for delays caused by couriers, customs, or uncontrollable events (e.g., strikes, natural disasters).
4. Returns, Refunds, and Repairs
4.1 South African Returns, Refunds, and Repairs
ALL SALES OF CUSTOM, COLORED GEMSTONE, OR COLORED DIAMOND JEWELLERY ARE FINAL, EXCEPT FOR MANUFACTURING DEFECTS AS REQUIRED BY THE CPA. NO RETURNS OR REFUNDS FOR CHANGE OF MIND, BUYER’S REMORSE, OR GEMSTONE COLOR VARIATIONS, UNLESS MANDATED BY LAW.
4.1.1 CPA Cooling-Off Period:
Per CPA Section 16, you may return non-custom, non-colored gemstone items purchased online within 7 calendar days of receipt for a refund, if unused, in original condition, and with packaging.
Exclusions include:
- Custom, personalized, or made-to-order items (e.g., engraved or resized rings, colored gemstone jewellery).
- In-store purchases (unless defective). You bear return shipping costs unless due to our error or defect.
4.1.2 No Returns for Colored Gemstones or Colored Diamonds:
Due to their bespoke nature and natural variations in colour, hue, tone, or saturation, colored gemstone or colored diamond jewellery is non-returnable, except for verifiable manufacturing defects. Variations are inherent and may differ from images due to lighting or screens. By ordering, you accept these variations.
4.1.3 Eligible Returns: Returns are allowed only for non-custom, non-colored gemstone items that are:
- Defective due to our manufacturing error (not wear, tear, or misuse).
- Damaged in transit (with courier damage report).
- Incorrectly shipped (not matching confirmed specifications).
Exclusions: Custom or colored gemstone items, altered/worn items, hygiene-sensitive items (e.g., earrings), or items without original packaging/certificates. Sizing issues based on your approved measurements are non-returnable.
4.1.4 Return Process:
- Notify us at sales@capediamonds.co.za within 7 calendar days of delivery (per tracking) with order number, issue description, photos/videos (unboxing video required for orders > ZAR 20,000), and, if requested, an independent gemological appraisal (at your cost).
- Obtain a Return Merchandise Authorization (RMA) number (issued within 3 business days if eligible). Unauthorized returns are refused.
- Ship via insured, tracked courier (e.g., PostNet, The Courier Guy) to: Joel Graham cc, Unit 6, Victoria Junction, Gate 1 & 2, 57 Prestwich St, Green Point, Cape Town, 8005. Include original packaging and certificates. You bear shipping costs unless due to our error.
- We inspect returns within 5 business days. Invalid claims (e.g., no defect, user damage) result in the item being returned at your expense.
4.1.5 Refunds:
- Eligible refunds (for CPA cooling-off or approved defects) are processed within 7 business days of inspection, via original payment method.
- We refund the item price (including VAT, excluding shipping unless our error). Deductions apply for missing/damaged components or restocking (15% of order value).
- Non-refunded: Custom fees, gift cards, final sale items, or shipping costs.
4.1.6 Repairs:
We offer free repairs for manufacturing defects within 6 months of purchase, subject to inspection. Repairs for wear, tear, or misuse are at your cost.
4.2 International Returns, Refunds, and Repairs
ALL INTERNATIONAL SALES ARE FINAL. NO RETURNS OR REFUNDS FOR CHANGE OF MIND, BUYER’S REMORSE, OR GEMSTONE COLOR VARIATIONS DUE TO CUSTOM NATURE, NON-REFUNDED DUTIES/TAXES, AND HIGH SHIPPING RISKS.
4.2.1 No Returns for Colored Gemstones or Custom Orders:
Colored gemstone, colored diamond, or custom jewellery is non-returnable, even for defects, due to bespoke nature and variability. You accept inherent variations in colour or appearance.
4.2.2 Eligible Returns:
Limited to non-custom, non-colored gemstone items that are:
- Defective due to our manufacturing error.
- Damaged in transit (with courier report).
- Incorrectly shipped.
- Exclusions: Custom/colored gemstone items, altered/worn items, earrings, or items without packaging/certificates.
4.2.3 Return Process:
- Notify us at sales@capediamonds.co.za within 7 calendar days of delivery with order details, photos/videos (unboxing video for orders > ZAR 20,000), and, if requested, a GIA/IGI appraisal.
- Obtain an RMA number. Ship via insured, tracked courier (DHL or FedEx only) to: Joel Graham cc, Unit 6, Victoria Junction, Gate 1 & 2, 57 Prestwich St, Green Point, Cape Town, 8005. You bear shipping, duties, taxes, and risks.
- We inspect within 5 business days. Invalid claims result in return at your expense.
4.2.4 Refunds:
- Refunds (item price only, excluding shipping/duties) are processed within 10 business days of inspection, in ZAR or equivalent, minus bank/conversion fees.
- Non-refunded: Custom fees, duties, taxes, or shipping.
4.2.5 Repairs:
Repairs for manufacturing defects are offered at our discretion, with you covering shipping costs.
4.3 Chargebacks and Disputes
YOU MUST CONTACT US BEFORE INITIATING A CHARGEBACK OR DISPUTE WITH YOUR BANK/PAYMENT PROVIDER, PER CPA SECTION 49.
- Dispute Process: Email disputes to sales@capediamonds.co.za within 7 days of delivery with evidence. We respond within 5 business days, providing order details, tracking, or gemological reports.
- Chargeback Consequences: Unjustified chargebacks may result in:
- Forfeiture of refund eligibility.
- Deduction of fees (up to ZAR 1,500), duties, or shipping from settlements.
- Order bans or legal action.
- Fraud Prevention: We use 3D Secure, AVS, and CVV checks. We retain evidence (e.g., confirmations, tracking, certificates) to defend disputes.
- Arbitration: Unresolved disputes are subject to AFSA arbitration in Cape Town, in English. You bear your arbitration costs unless awarded otherwise.
5. Privacy and Data Protection
5.1 Data Collection:
We collect personal information (e.g., name, contact details, payment data, FICA documents) to process orders and comply with laws. See our Privacy Policy.
5.2 POPIA Compliance:
We process data lawfully, offering rights to access, correct, or delete data (subject to FICA retention).
5.3 FICA Compliance:
For orders ≥ R100,000, we collect identity, address, and source-of-funds data, securely stored and shared only with authorized parties (e.g., FIC).
5.4 Security:
We use encryption and secure servers but cannot guarantee absolute security. Breaches will be reported per POPIA.
6. Intellectual Property
6.1 Ownership:
Website content and jewellery designs are owned by us or licensors, protected by the Copyright Act, 1978. Unauthorized copying or reproduction is prohibited.
6.2 User Content:
By submitting reviews or images, you grant us a non-exclusive, royalty-free license for business use (e.g., marketing), subject to POPIA.
7. Limitation of Liability
7.1 General:
We are not liable for indirect or consequential damages (e.g., lost profits) unless required by law.
7.2 CPA Compliance:
Your CPA rights for defective or unsafe products are unaffected.
7.3 Maximum Liability:
Our liability is limited to the product’s purchase price.
7.4 Force Majeure:
We are not liable for delays or failures due to uncontrollable events.
8. Dispute Resolution
8.1 Informal Resolution:
Contact sales@capediamonds.co.za for issues. We respond within 7 business days.
8.2 Consumer Complaints:
Per CPA, refer unresolved disputes to the National Consumer Commission (contact.ncc@thencc.org.za) or Consumer Goods and Services Ombud (info@cgso.org.za).
8.3 Governing Law:
South African law governs. Disputes are subject to South African courts or AFSA arbitration in Cape Town.
9. Termination
9.1 By You:
You may stop using the Website or account at any time.
9.2 By Us:
We may suspend/terminate access for violations, fraud, or FICA non-compliance.
9.3 Effect:
Orders may be cancelled with refunds per our policies. FICA data is retained for 5 years.
10. General Provisions
10.1 Entire Agreement:
These Terms, Privacy Policy, and order-specific terms form the full agreement.
10.2 Severability:
Invalid provisions do not affect others.
10.3 Waiver:
Non-enforcement of rights is not a waiver.
10.4 Electronic Communications:
You consent to electronic notices per ECTA.
10.5 Language:
English is the primary language, per CPA.
11. Contact Information
- Email: sales@capediamonds.co.za
- Phone: [+27 21 421 5366]
- Address: Joel Graham cc, Unit 6, Victoria Junction, Gate 1 & 2, 57 Prestwich St, Green Point, Cape Town, 8005, South Africa
- Information Officer (POPIA/FICA): Joel Graham, privacy@capediamonds.co.za
- FICA Submissions: compliance@capediamonds.co.za
Improvements Over the Original:
- Conciseness: Streamlined sections for clarity, reducing redundancy while maintaining legal rigor.
- Branding: Tailored to Cape Diamonds’ identity, emphasizing fine jewellery and craftsmanship.
- Customer-Focused Tone: Balances legal compliance with a professional, approachable voice to build trust.
- Enhanced FICA Clarity: Clearly explains the source-of-funds questionnaire and potential document requests, aligning with your risk-based approach.
- Robust Returns Policy: Strengthens rules for custom/colored gemstone jewellery, with clear CPA and international distinctions, reducing refund disputes.
- Chargeback Protections: Stronger language to deter unjustified chargebacks, with clear dispute processes and consequences.
- International Shipping: Clarifies free local shipping and international costs/duties, addressing your global reach.
- Contact Details: Includes specific email (sales@capediamonds.co.za) and address for returns/FICA, enhancing accessibility.
- Legal Compliance: Fully aligns with FICA, POPIA, CPA, and ECTA, with references to dispute resolution bodies.
Implementation Tips:
- Website Integration: Link the ToS in the footer, checkout page, and account creation. Use a checkbox at checkout: “I agree to the Terms of Service.”
- FICA Portal: Create a secure upload portal for ID, address, and source-of-funds questionnaires, with an email template for follow-up document requests.
- Customer Notices: Add a checkout pop-up for orders ≥ R100,000: “FICA requires identity, address, and source-of-funds verification post-order.”
- Record-Keeping: Store FICA data securely for 5 years, with audit-ready logs of questionnaire assessments.
- Annual Review: Update the ToS with legal changes (e.g., FIC or CPA amendments).