Terms and conditions of sale
We are Amathambo Jewellery and Design (Pty) Ltd, a company registered in the Republic of South Africa.
The Websites to which these Terms of Sale apply and for which we are responsible www.amathambo.com.
If you have any questions, please contact our Customer Service department firstname.lastname@example.org.
How your contract with us is formed
Orders are submitted via the Website in the following way:
Once you are ready to make a purchase, click on ‘add to Shopping Bag’ to add the Product you wish to purchase to your Shopping Bag. Then proceed by clicking ‘proceed to purchase’ to log into our secure servers to complete your Order.
Once you have selected your product(s) you must select your preferred method of delivery (if any delivery charges are payable these will then be added to the amount you will be charged), confirm you wish to make an Order and consent to the Terms of Sale. You will then be asked to confirm your address and input your payment details.
Once you have completed compiling your Order, you will be asked to confirm that it is correct. If it is not correct, you can revisit your Order and correct the mistakes before confirming and submitting your Order to us. It is your responsibility to ensure that your Order is correct before submitting it to us. If you have any problems with your Order, please email us on email@example.com.
We will then send you a confirmatory email to acknowledge that we have received your Order. This is sent out automatically by us to the email address you register with us.
You should check the email for accuracy and let us know immediately if there are any errors.
If there are any problems with your Order, you will be contacted by a representative from Amathambo.
When you submit your Order, you are offering to buy the Product(s) at the price set out in the Order. Prices are checked regularly. However, if we find the price has changed or that there has been a pricing error when we receive your Order we will contact you and ask if you wish to proceed at the correct price. If you confirm that you do wish to proceed, please remember that we will still not be under an obligation to supply the Product(s) until we have sent you a second email confirming your Order.
All payments must be made at the time of placing the Order. Payment for all Product(s) must be by SagePay, credit card or debit card. We accept payment with Visa, MasterCard and American Express. If we are unable to accept your Order for any reason then we will, at our option, either not debit your credit card or refund any money paid by you in respect of that Order. We will not dispatch the Product(s) until we receive payment in full.
Prices are liable to change at any time, but changes will not affect Orders which we have already confirmed as described above.
For payment by card, all credit and debit cardholders and bank/building society account holders respectively may be subject to authorisation and authentication. If the issuer of your payment card or our service provider refuses to, or does not for any reason authorise or validate the payment, we will not be liable in these circumstances for any delay or non-delivery in respect of the Product(s) which you have ordered as a result.
By providing the relevant information to us, you specifically authorise us to transmit or to obtain information about you from third parties from time to time, including but not limited to your name, address, telephone number, debit or credit card details or credit reports, to authenticate your identity and delivery address for the Product(s), validate your payment card and obtain authorisations for your payments for Product(s).
We aim to deliver Product(s) to you, to the delivery address you have requested in your Order within 4 weeks but we cannot give an exact delivery date.
Damaged or defective product(s)
i. Subject to any specific warranties we offer in relation to particular products, or those which are implied by law, we do not offer any warranty or guarantee on our products.
ii. You should inspect the Product(s) when you receive them for defects or damage. If you find a defect or damage you must tell us as soon as possible and we will arrange for their return to our Fulham Road Shop. If the Product(s) are found to be damaged prior to delivery to you, or defective (through no fault of your own wearing or use), we will repair or replace the Product(s) or refund the price paid by you, including any delivery charges you paid, provided that you have not worn or used and damaged the Product(s). If you would prefer repair or replacement of the Product(s) please contact us and we will replace the item at no extra charge to you where this is reasonably practicable. In addition, we will either refund the cost of the return of the item to us by you or send you a prepaid parcel which you can use to return the damaged or defective item to us.
iii. These Terms of Sale do not exclude our liability (if any) to you for: personal injury or death resulting from our negligence;
any matter which it would be illegal for us to exclude or to attempt to exclude our liability.
iv. Subject to paragraph (iii) above, we are only liable to you for losses which you suffer as a result of a breach of these Terms of Sale by us. Our liability for losses you suffer as a result of us breaching these Terms of Sale is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaching these Terms of Sale. Losses are foreseeable where they could be contemplated by you and us at the time your Order is accepted by us.
v. Subject to paragraph (iii) above, we are not responsible for indirect losses which happen as a side effect of the mainloss or damage and which are not foreseeable by you and us, including but not limited to:
loss of income or revenue;
loss of business;
loss of profits or contracts; or
loss of anticipated savings
vi. provided that this shall not prevent claims for loss of or damage to your tangible property in accordance with your statutory rights or paragraph (iv) or any other claims for direct financial loss that are not excluded by any of the above categories of loss of this paragraph (v).
vii. Subject to paragraph (iii) above, we are not responsible for any delay in, or failure of, performance of our obligations under these Terms of Sale arising from any cause beyond our reasonable control including any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion, failure in information technology or telecommunications services, failure of a third party (including failure to supply data) and industrial action.
Please note that nothing contained in these Terms of Sale in any way affects your statutory rights.
Your right to cancel
If you are a consumer (i.e. you are not purchasing either wholly or in part for your business or you are not a business) you have the right, in addition to your other rights, to cancel the Contract (other than for personalised or other products which we have specified as non-returnable) and receive a refund from us. You must inform us by email at firstname.lastname@example.org if you wish to cancel within seven working days, starting on the day after the Product(s) are delivered to you.
If you choose to cancel then you must return the Product(s) to us at your cost and risk and we advise you to ensure the Product(s) are adequately insured during the return journey. You must ensure that you take reasonable care of the Product(s).
If you have not returned the Product(s) within 14 days of cancellation or when requested by us to do so, whichever occurs first, we can collect the Product(s) from you at your cost. Details of your right to cancel or return will also be provided in the delivery note which accompanies the Product(s).
In addition to your right to cancel above, Products are accepted for credit or exchange if returned to our London Shop in a saleable condition within 30 days of delivery accompanied by your delivery note. Such return is at your cost and risk and we advise you to ensure the Product(s) are adequately insured during the return journey. You must ensure that you take reasonable care of the Product(s).
Please note we will only refund if we are informed within 7days of the purchase. All refunds will be made within 30 working days either:
(where Products have not been delivered to you at the delivery address you have requested within 30 days of your Order) of our confirmation by email to you that your Order has been cancelled; or
(where Products have been delivered to you) of our receipt of the Products you have returned to us.
Other information of which you need to be aware
We may not necessarily keep a copy of these Terms of Sale and your Order. We advise you to print a copy of them for your information in the future. You can download a pdf version of these Terms of Sale by clicking here.
From time to time we would like to be able to pass your information to carefully selected third parties that offer products or services that we have identified as likely to be of interest to you.
By entering into an agreement with us when you placed an order, you have consented to this use of your data. You may ask us at any point not to share your information with third parties for this purpose, by emailing email@example.com.
The Contract and all communications between us will be conducted in the English language.
The formation, existence, construction, performance, validity and all aspects whatsoever of these Terms of Sale or of any term of these Terms of Sale will be governed by the law of the Republic of South Africa.
Amathambo understands that your privacy is important to you and that you care about how your personal data is used and shared online. We respect and value the privacy or everyone who visits this website www.amathambo.com and will only collect and use personal data in ways that are described here, and in a manner that is consistent with our obligations and your rights under the law.
Our full contact details are:
Full name of legal entity: Amathambo
Email address: firstname.lastname@example.org
Postal address: Amathambo, 382 Jan Smuts Avenue, Craighall Park
Telephone number: +27 (0) 87 820 1073
It is very important that information we hold about you is accurate and up to date. Please let us know if at any time your personal information changes by emailing us at email@example.com
What data do we collect about you
Personal data means any information capable of identifying an individual.
It does not include anonymised data.
We may process certain types of personal data about you as follows:
Identity Data may include your first name, maiden name, last name, username, title.
Contact Data may include your billing address, delivery address, email address and telephone numbers.
Financial Data may include your bank account and payment card details.
Transaction Data may include details about payments between us and other details of purchases made by you.
Technical Data may include your login data, internet protocol addresses, browser type and version, browser plug-in types and versions, time zone setting and location, operating system and platform and other technology on the devices you use to access this site.
Usage Data may include information about how you use our website, products and services.
Marketing and Communications Data may include your preferences in receiving marketing communications from us and our third parties and your communication preferences.
How we collect your personal data
We collect data about you through a variety of different methods including:
Direct interactions: You may provide data by filling in forms on our site (or otherwise) or by communicating with us by post, phone, email or otherwise, including when you:
Order our products or services;
Subscribe to our service or publications;
Request resources or marketing to be sent to you;
Enter a competition, prize draw or promotion;
Give us feedback.
Automated technologies or interactions: As you use our site, we may automatically collect Technical Data about your equipment, browsing actions and usage patterns. We collect this data by using cookies, server logs and similar technologies. We may also receive Technical Data about you if you visit other websites that use our cookies.
Third parties or publicly available sources: We may receive personal data about you from various third parties and public sources as set out below:
Technical Data from the following parties: analytics providers such as Google based outside the EU;
Contact, Financial and Transaction Data from providers of technical, payment and delivery services such as SagePay.
Identity and Contact Data from publicly available sources such as Companies House and the Electoral Register based inside the EU.
How we use your personal data
We will only use your personal data when legally permitted. The most common uses of your personal data are:
Where we need to perform the contract between us.
Where is it necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
Where we need to comply with a legal or regulatory obligation.
Generally, we do not rely on consent as a legal ground for processing your personal data, other than in relation to sending marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by emailing us at firstname.lastname@example.org.