terms and conditions
Purchasing, Payment and Delivery Process
- Custom made jewellery
Upon your request, we will send you a quotation for your acceptance, where after we will send you an invoice setting out the description of the jewellery ordered and our banking details for payment of a required 50% upfront deposit and for payment of the balance prior to and to facilitate delivery/collection of the jewellery.
- Pre-manufactured Jewellery
Upon your request, we will send you a quotation for your acceptance, where after we will send you an invoice setting out the description of the jewellery ordered and our banking details for payment for full payment of the purchase price prior to delivery/collection.
- Ring Size
In the event that a ring needs to be resized after you have provided us with your size specifications, the cost for resizing will be added to the balance/ payment amount due by you.
Prices are quoted in South Africa Rand (ZAR) are valid for only 48 hours from date of invoice and are after such time subject to change due to fluctuations in the Rand/Dollar exchange rate.
Swish Diamonds shall be entitled to retain possession of all jewellery and goods until payment has been received in full. Swish Diamonds shall further in order to defray its costs be entitled to sell any jewellery and goods not paid in full 60 (sixty) days of final demand for payment.
Value added tax at the rate of 14% is charged on goods bought by South African residents. VAT is not payable on orders if both the billing and the shipping address are international.
Import duties may be payable by recipients of goods in foreign countries. Swish Diamonds does not know what import duties/levies may be payable and cannot calculate or estimate such costs. You are responsible for determining whether any such import duties/levies are payable and, if so, the amount thereof.
Swish Diamonds shall take all reasonable efforts to accurately indicate prices and delivery charges. However, should products be erroneously offered at incorrect prices and/or delivery charges, Swish Diamonds will not be obliged to sell products at such incorrect prices and/or delivery charges, but shall refund monies paid by you should you not wish to proceed with the purchase at the correct price and/or delivery charge.
- Method of Payment
The following methods of payment in Rand (ZAR) are acceptable:
•Electronic Funds Transfer (EFT) – 2-3 days are required for funds to clear;
•Payment by cheque: - 10-14 are required days for funds to clear;
•Direct Deposit – the banking details appearing on the invoice are to be used. Please note that no bank deposits are accepted from outside the borders of South Africa.
- 6 Month Warranty
Swish Diamonds warrants its jewellery for 6 (six) months from date of delivery/collection.
Delivery charges differ depending on a variety of factors, including product type, price, and weight, as well as whether delivery is to be made within, or outside, the borders of South Africa.
Deliveries will be done through the courier services of RAM or FEDEX and at a minimum cost to you of R500 per delivery. Any Customs duties applied to and payable on the import of your delivery will be for your account.
Delivery within South Africa to all major city hubs is estimated to take between 24 to 72 hours. International deliveries are, subject to customs clearance delays, estimated to be between 3 to 10 days. You will be notified should we be advised of any abnormal delays occurring.
Subject to the Terms and Conditions of the courier/independent insurance company (which are not listed here and are only available from the service provider directly) deliveries within South Africa may be insured with the acting courier company and for international deliveries through an independent insurance company for loss due to theft or damage. The estimated cost of insurance will be 3% of the total value of the item.
Your delivery can be tracked by its waybill number, which will be sent to you by email.
Swish Diamonds does not accept any reasonability or liability for the loss or damage of any goods or deliveries that have not been insured prior to or have appropriate insurance cover during the process of delivery of your jewellery.
Subject to proof of identification and payment in full your jewellery may be collected by you personally from a convenient location agreed upon by both you as and Swish. Any items not collected within 30 (thirty) days of final payment will be sold to defray costs.
Delivery packaging will include your item of jewellery, a diamond certificate and valuation certificate, a complimentary ring box, your invoice and our business card.
-Cancellation and Refund Policy
Should you wish to cancel your purchase you will be required to send us a written cancellation notice together with the original packaging and undamaged content, as well as a copy of your accepted quote and invoice within 7 calendar days of date of receipt of your delivery/collection for consideration of a refund.
Upon any cancellation of a purchase you will be liable for 30% of purchase price plus courier costs as well as for any insurance taken as a handling and administration cost.
- Use of Website
Unauthorised use of this site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws.
This site may only be used by the user to browse the content, make legitimate purchases and shall not be used for any other purposes, including without limitation, to make any speculative, false or fraudulent purchase. This site and the content provided therein may not be reproduced, copied, republished, uploaded, posted, distributed or transmitted. ‘Deep-linking’, ‘embedding’ or using analogous technology is strictly prohibited.
- Disclaimer of Warranty
The contents of this site are provided “as is” without warranty of any kind, either expressed or implied, including but not limited to warranties of merchantability, fitness for a purpose and non-infringement. It is your sole responsibility to satisfy yourself prior to accepting these Terms and Conditions that the service available from and through this Website will meet your individual requirements and be compatible with your hardware and/or software.
Information, ideas and opinions expressed on this Website should not be regarded as professional advice or the official opinion of the owner of this site and you are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this Website.
As a value-add to our Users, we may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory 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 sites or resources.
The owner of this site, the authors of these contents and in general anybody connected to this site in any way, from now on collectively called “Providers”, assume no responsibility for errors or omissions in these contents. The Providers further do not warrant, guarantee or make any representation regarding the safety, reliability, accuracy, correctness or completeness of these contents. The Providers shall not be liable for any direct, indirect, general, special, incidental or consequential damages (including -without limitation- data loss, lost revenues and lost profit) which may result from the inability to use or the correct or incorrect use, abuse, or misuse of these contents, even if the Providers have been informed of the possibilities of such damages. The Providers cannot assume any obligation or responsibility. The use of these contents is forbidden in those places where the law does not allow this disclaimer to take full effect.
If this disclaimer cannot not be used the use of these contents cannot be used.
- Governing Law and Jurisdiction
This Website is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law and, subject to the ‘Disputes’ clause of these Terms and Conditions, you and Swish Diamonds submit to the non-exclusive jurisdiction of the South African courts.
Your privacy and the respect thereof is important to us and we will not disclose your personal information to third parties for marketing purposes if you have requested us not to do so (which you are able to do at any time). If you are not satisfied with the level of privacy we provide, then you are deemed to not agree to these Terms and Conditions and you should not use the Website, because your continued use of the Website will constitute acceptance of the Terms and Conditions, including its level of privacy.
Any person that delivers or attempts to deliver any damaging code to this Website or attempts to gain unauthorised access to any page on this Website shall be prosecuted and civil damages shall be claimed in the event that Swish Diamonds suffers any damage or loss.
- Changes to Agreement
Swish Diamonds may, in its sole discretion, change these Terms and Conditions or any part thereof at any time on notice to you. It is your responsibility to ensure that you are satisfied with the amendments. Should you not be satisfied with the amendments, you must refrain from placing any further orders on, or from using in any way, the Website.
Save for urgent or interim relief which may be granted by a competent court, in the event of any dispute of any nature whatsoever arising between you and Swish Diamonds on any matter provided for in, or arising out of these Terms and Conditions, and not resolved through the Customer Relations Department of Swish Diamonds, then such a dispute shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa
- Address for Notices
Swish Diamonds chooses as its address for all purposes under these Terms and Conditions, whether in respect of court process, notice, or other documents or communication of whatsoever nature, the following address: PO Box 891, Milnerton, Cape Town, 7435, South Africa
- Term and Termination
These Terms and Conditions shall commence from the date on which they are published on the Website and continue indefinitely, as amended by Swish Diamonds from time to time, for so long as the Website exists and is operational, Swish Diamonds being entitled to change, modify, add to or remove from portions or the whole of these Terms and Conditions from time to time or shut down the Website at any time (subject to still processing any orders then already placed and accepted by Swish Diamonds). Your continued use of this Website following the posting of changes or updates will be considered notice of your acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.
I understand that all the designs and trademarks are registered to Swish Diamonds and hereby accept the terms and conditions. I undertake not to copy/duplicate the trademarks and designs directly or indirectly in anyway and understand the legal implications thereof. Should I be found to be in violation of this agreement I understand that I will be held liable for all legal costs incurred by Swish Diamonds for any civil action or any legal action deemed necessary against me.
- Contact details
The ECT Act states that when goods or services are offered by way of certain electronic transactions, the seller thereof must make certain information about it available to customers on websites where the goods or services are offered.
Swish Diamonds’ information is as follows:
Full name: Swish Diamonds (Pty) Ltd, registered in South Africa, registration number 2014/145832/07
Main business: Online jewellery retailer
Address for all purposes under these Terms and Conditions, whether in respect of court process, notice, or other documents or communication of whatsoever nature: PO Box 891, Milnerton, Cape Town, 7435, South Africa
Office bearers: Chantelle Arpesella (Director)