These Terms and Conditions (“the Terms and Conditions”) govern your use as “the User” of the Cherry (“Provider”) website located at the domain name www.cherrystore.co.za (“the Website”).
1) Electronic Communications
By using this Website or communicating with the Provider by electronic means, the user consents and acknowledges that any and all agreements, notices, disclosures, or any other communication satisfy any legal requirement, including but not limited to the requirement that such communications should be in writing.
2) E-Commerce & Privacy
The use of any product bought from this Website is at the purchaser’s risk. The purchaser/ user indemnifies and holds the Provider harmless against any loss, injury or damages which may be sustained as a result of using the products sold on the Website.
The private information required for executing the orders placed through the e-commerce facility, namely the User’s personal information and credit card details, delivery address and telephone numbers will be kept in the strictest confidence by the Provider and not sold or made known to third parties. Only the necessary information, that is the delivery address and contact phone number will be made known to third parties delivering the product.
The Provider undertakes that it has taken all reasonable precautions to secure the credit card processing that is carried out to receive payment for goods sold. The Provider cannot be held responsible for security breaches occurring on the User’s electronic device (Personal Computer or other electronic device used to browse the Website), which may result due to the lack of adequate virus protection software or spyware that the User may inadvertently have installed on his/her device.
A cookie is a basic text file that is stored on your device by a website’s server. It contains completely anonymous information such as a unique identifier and the website name. This allows a website to remember things like your personal preferences, products you prefer or what’s in your shopping basket.
Our Website utilises first and third-party cookies. This enables us to improve the User’s experience on our Website through various means such as storing preferences (like keeping a User logged in) or determining aggregate usage behaviour (time on site, number of pages viewed etc.) through web analytics tools like Google Analytics.
4) Cookie Opt Out
Most web browsers provide the option to block some or all cookie types should you wish to. Users can also opt-out of the Google Display Network using the Ads Preferences Manager. Because many of our Website’s features utilise cookies, we recommend that Users do not block them.
5) Return Policy
The Provider wants you to be 100% happy with your purchase. If there is anything you are unhappy with and if you wish to return a product, please follow the instructions on our Returns Page.
There are a few things to keep in mind when returning jewellery you purchased online from the Provider:
- You have 7 working days to return an item from the date you received it.
- Items have to be in their original condition, as when they were handed over to the respected courier / shipping service.
- The packaging does not need to be intact.
- Any items that have been personalised, custom made or assembled cannot be returned.
- You will need to state the reason for your return and a picture of your jewellery will need to be taken and sent to [email protected] before shipping.
- For hygiene reasons any piercings such as earrings cannot be returned.
- Any items ordered in the incorrect size / length will incur a resizing fee in conjunction with a courier charge for the return and re-delivery of the item.
Important: Please ensure that you send your order back with tracking and insurance.
- The Provider does not offer any warranty or guarantee on our products.
- Please note that refunds will only be processed once the item is received and that the initial postage and packaging charge is non-refundable for any unsuitable item returns.
- If the items are found to be damaged prior to delivery to you, or defective (through no fault of your own wearing or use), we will replace the items or refund the price paid by you, including any shipping charges you have paid, provided that you have not worn, used or damaged the items.
- The Provider reserves the right to charge a 10% administration fee on refunds for unsuitable items.
6) Cancellation of Orders
Cancelled orders on the e-commerce facility will be refunded after a 10% deduction for administration costs.
The Provider reserves the right to cancel an order for which payment has already been received. This may occur if stock is insufficient or the quality of goods ordered does not meet the Provider’s standards. Should the Provider exercise this right, the User will receive a full refund with no deductions.
Any complaints regarding the standard and quality of the product or products bought by consumers through the e-commerce facility should be directed to [email protected].
7) Payment Options
Payment may be made via Visa or MasterCard or by bank transfer into the Provider’s bank account, the details of which will be provided during and after checkout.
- CREDIT CARD ACQUIRING & SECURITY
Credit card transactions will be acquired for the Provider via Payfast (Pty) Ltd. Payfast uses Extended Validation SSL with 256-bit encryption. Only two of the four major South African banks use this high level of encryption currently available. Users may go to www.payfast.co.za to view their security certificate and security policy.
- CUSTOMER DETAILS SEPARATE FROM CARD DETAILS
Customer details will be stored by the Provider separately from card details which are entered by the client on Payfast’s secure site. For more detail on Payfast please refer to www.payfast.co.za.
8) Order Processing & Delivery
Manufacturing of the order will proceed once we have confirmed payment. From confirmation of payment to completed product, takes 7 working days, during special seasons such as Christmas, Valentine’s Day or Mother’s Day, ect. this may be extended due to the high volume of orders – should you required the order on a specific date, please check this with the Provider before purchase. Orders are then dispatched to a courier company for delivery.
PUBLIC HOLIDAY: Please note, that orders will not be processed, dispatched or delivered on a public holiday. A public holiday will delay the delivery of your order by at least one further day.
9) Shipping/ Shipping Costs
The Provider will deliver within South Africa as well as worldwide. The delivery will be made to your stated address – except in the case of another agreement, deliveries will not be made to P.O. box/ private bag addresses. All information on availability and delivery times are guidelines and are not binding or guaranteed by the Provider. If the ordered product is unavailable, we reserve the right to cancel the contract and not deliver it. In this case, you will be informed by the Provider shortly after placing the order.
The Provider reserves the right to charge additional shipping costs if these occur for example at unsuccessful delivery or refused acceptance. We kindly ask you to cover the shipping costs for your return to the Provider. The return costs from all other countries can never be replaced by the Provider.
- PAYMENT TERMS
All orders require full payment when the order is placed. Payment plans are not available and please know that orders will not ship until the full amount is received. Payments can be made via EFT or credit card.
- SHIPPING & HANDLING
Orders will be completed and shipped within 2-3 weeks, depending on order size, season, and number of current orders. Keep in mind, larger orders or orders placed during holiday season can sometimes take more than three weeks to fill, but we will try to let you know as soon as we have an estimate of how long your order will take to complete. Please Note: Holiday season starts in late November and can lengthen delivery times significantly. Please place your holiday season orders by October if at all possible. Rush orders are available by special request and may incur additional handling charges for production as well as expedited shipping. Orders are sent via Courier. Our regular Delivery Terms and Conditions apply here.
- RETURNS & EXCHANGES
If you are not completely satisfied with the jewellery in your order for any reason, please contact us via [email protected] within five business days of receiving your order. You will be able to exchange these items for items of equal value or pay the difference of upgrading to something of a higher value. Returned items must be new, unworn, and undamaged to be eligible for exchange. The Provider reserves the right to refuse items that are returned without prior notice or in a condition unacceptable for resale. If an item is damaged during shipping, please contact the Provider as soon as you receive it. All shipping, tracking and insurance charges for returns and exchanges are the consumer’s responsibility and cannot be refunded. Please pack jewellery in a well-padded envelope or package and ship via Courier. Shipping insurance is not required but it is recommended. The Provider is not responsible for loss or damage during return shipping.
10) Merchant Outlet country and transaction currency
The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction Currency is South African Rand (ZAR).
11) Updating of these Terms and Conditions
Provider reserves the right to change, modify, add to or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User’s obligation to periodically check these Terms and Conditions on the Website for changes or updates. The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.
12) Copyright and Intellectual Property Rights
Content currently or anticipated to be displayed at this Website is provided by Provider, its affiliates and/or subsidiary, or any other third party owners of such content, and includes but is not limited to Literary Works, Musical Works, Artistic Works, Sound Recordings, Cinematograph Films, Sound and Television Broadcasts, Program-Carrying Signals, Published Editions and Computer Programs (“the Content”). All such proprietary works, and the compilation of the proprietary works are copyright by the Provider, its affiliates or subsidiary, or any other third-party owner of such rights (“the Owners”), and is protected by South African and international copyright laws. The Providers reserve the right to make any changes to the Website, the Content, or to products and/or services offered through the Website at any times and without notice. E-mail addresses, names, telephone numbers and fax numbers on the Website may not be incorporated into any database used for electronic marketing or similar purposes.
All rights in and to the Content is reserved and retained by the Owners. Except as specified in these Terms and Conditions, the User is not granted a license or any other right including without limitation under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content.
13) Limited License to General Users
Provider grants to the User, subject to the further terms of these Terms and Conditions, a non-exclusive, non-transferable, limited and revocable right to access, display, use, download and otherwise copy the current and future Content for personal, non-commercial and information purposes only.
This Website and the Content may not be reproduced, duplicated, copied, resold, visited or otherwise exploited for any commercial purpose without the express prior written consent of Provider. The license does not allow the User to collect product or service listings, descriptions or other information displayed here, and does not allow any derivative use of this Website or the Content for the benefit of another merchant. The User may not frame nor use framing technologies to enclose the Provider Website or the Content nor any part thereof without the express written consent of Provider. Provider and the Owners do not offer products or services to minors. If you are under the age of 18, you may not respond to or otherwise accept or act upon any offers in the Website.
The User agrees not to infect the Website with any computer programming (such as a virus) that may damage, interfere with, delay or intercept any data or information on the Website and the User agrees to pay for any monetary or other loss the Provider may incur as a result of such infection of the Website by the User.
Provider and the Owners, their affiliates or subsidiary reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. Any unauthorised use terminates this license.
14) Limitation of Liability
The Website and all Content on the Website, including any current or future offer of products or services, are provided on an “as is” basis and may include inaccuracies or typographical errors. The Owners make no warranty or representation as to the availability, accuracy or completeness of the Content.
Neither Provider nor any holding company, affiliate or subsidiary of Provider, shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the Content or the Website or any functionality thereof, or of any linked website, even if Provider is expressly advised thereof. The provider cannot guarantee that use of the Website will always be uninterrupted or that it is free from becoming infected by viruses due to factors beyond our control. Access to the Website may sometimes be restricted due to repairs or maintenance of the Website. The provider cannot assume any responsibility for the lack of functionality that is dependent on the User’s browser or other third party software.
15) Privacy: Casual Surfing
The User may visit the Website without providing any personal information. The Website servers will in such instances collect the IP address of the User computer, but not the email address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent at the Website, pages viewed, etc. The Provider uses this information to determine the use of the Website and to improve content thereon. Provider assumes no obligation to protect this information and may copy, distribute or otherwise use such information without limitation. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded here.
16) Choice of Law
This Website is controlled, operated and administered by Provider from its offices within the Republic of South Africa. Access to the Website from territories or countries where the content or purchase of the products sold on the Website is illegal is prohibited. The User may not use this Website in violation of South African export laws and regulations. If the User accesses this Website from locations outside of South Africa, that User is responsible for compliance with all local laws. These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the Durban High Court in the event of any dispute. If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. These Terms and Conditions constitute the entire agreement between the Provider and the User with regard to the use of the Content and this Website.
17) Contact Information / Domcilium Citandi Et Executandi
This website is run by Cherry Design Jewellery and is based in Kwazulu Natal, South Africa and trading as Cherry.
If you have any questions, queries or wish to request permission to use any part of this website, please contact us at:
49 Richefond Circle, 2nd floor
Ridgeside Office Park
Tel: + 27 (0) 31 566 66 66
A copy of the ECT Act is available at http://www.internet.org.za/ect_act.html.
18) International Duties & Taxes
For all international orders placed outside of South Africa, the Provider will not be held liable for import taxes and duties into your country.