These Terms & Conditions are binding on all who access the Xquisite Fused Glass Jewellery Website without qualification or exception. By entering the Website or ordering products from Xquisite Fused Glass Jewellery, the user acknowledges that they have read and understood these Terms & Conditions and agree that they are bound by same.
If a user does not agree to any of the Terms & Conditions, the user should not enter, view or make use of the Website.
Xquisite Fused Glass Jewellery may at any time modify or amend any of the Terms & Conditions and such modification/amendment will supersede and replace any previous Terms & Conditions. The amended Terms & Conditions will be made available on the Website. Each time you access the Website and/or use the services offered via the Website, you agree to be bound by these.
Our objective is to be fair, reasonable and honest, but this is a two-way street. We believe that with goodwill, almost all problems can be resolved to a satisfactory conclusion.
“If you like what we do, please tell your friends: if you don’t, then please tell us!”
Website Content
Whilst every care is taken to provide accurate information on our Website, Xquisite Fused Glass Jewellery cannot be held responsible for errors and omissions or information obtained from linked websites.
Image colours may show a slight variation to actual colour due to photographic reasons and computer/device display differences. Prices listed on the Website are subject to change without notice and all products are subject to availability.
Xquisite Fused Glass Jewellery reserves the right to change or discontinue, at any time without notice, any aspect or feature of the Website and any information, data and/or content on the Website.
Although every effort will be made to have this Website available at all times, the Website may become unavailable due to maintenance or repairs, loss of connectivity or some other form of interruption. Xquisite Fused Glass Jewellery does not warrant against nor will it be held liable for such downtime and is hereby indemnified from any loss, damage, claims, costs or penalties incurred as a result of such unavailability.
Currency
All prices quoted on this website are in South African Rand (ZAR) and will be inclusive of VAT and any other applicable South African taxes, but will exclude delivery charges. Payment must be made in ZAR (credit/cheque card sales will be charged in your local billing currency by your card provider). Use of a currency converter will enable you to check the approximate exchange rate before finalising your order. The actual rate charged will be dependent upon your credit/cheque card issuer or payment provider.
Value Added Tax (VAT)
Prices shown are inclusive of South African VAT which will be charged on all sales to residents of South Africa.
Duties & Local Taxes
Purchasers are responsible for any duties and/or taxes levied at the point of entry into the destination country. A commercial invoice is provided with all goods shipped.
Payments
Payments may be made by credit/cheque card or via Electronic Fund Transfer (“EFT”) into the bank account of Xquisite Fused Glass Jewellery utilising the secure online payment gateway provided on the Website. Other forms of payment accepted by the online payment gateway service provider, that may change from time to time, may also be used through this service provider.
Xquisite Fused Glass Jewellery will not accept any payment by cheque or postal order.
Notwithstanding any other clause contained in these Terms, Xquisite Fused Glass Jewellery shall have no duty to deliver any product until full payment has been received.
Where payment is being made by credit card transaction, such payment needs to have been cleared by the relevant bank and credited to Xquisite Fused Glass Jewellery’ bank account. Where payment is made by EFT, such payment needs to have been credited to Xquisite Fused Glass Jewellery’ bank account.
Where a payment by credit card is not processed by the relevant bank and credited to Xquisite Fused Glass Jewellery’ bank account within 48 (forty eight) hours, or by EFT and is not credited to Xquisite Fused Glass Jewellery’ bank account within 48 (forty eight) hours of the time of placement of order, the customer’s order will be cancelled immediately, and Xquisite Fused Glass Jewellery shall send a notification of such cancellation to the customer via email.
Online Payment – PayFast Payment Gateway
All EFT and online credit/cheque card payments are processed by the secure PayFast internet payment gateway. Card Holders may go to www.payfast.co.za to view their security policy.
ECT Act of 2002
In compliance with Section 43(1) of the Electronic Communications and Transactions Act of 2002 (“ECT Act”), please note the following:
Full Name: Xquisite Fused Glass Jewellery (Pty) Limited, a company with limited liability duly incorporated under the laws of the Republic of South Africa
Registration No: 2016/241688/07
Registration Date: 30/06/2016
Postal Address: PO Box 80, Linmeyer, Johannesburg, 2105, South Africa
Telephone Number: (27)(82) 4527144
Website Address: https://www.xquisitejewelry.co.za
Email Address: info@xquisitejewelry.co.za
Director/s: Mrs M Mitchley
Main Products: Hand crafted fused glass jewellery and glass art
Use of the Website:
By accessing the Website, you warrant and represent to Xquisite Fused Glass Jewellery that you are legally entitled to make use of information and purchase the products made available via the Website.
A customer is provided with and/or selects identification codes when registering on this Website. Such codes (user name and password) or any similar form of identification information being part of the Website’s security systems, must be kept secret and confidential and the customer must not permit anyone else to use it. The customer shall be responsible for all access to the Website with the Customer’s user name and password. When the customer’s user name and password have been used to gain access to the Website, Xquisite Fused Glass Jewellery shall be entitled to assume that such use and all related communications emanate from the customer. Xquisite Fused Glass Jewellery shall not be liable for any loss or damage arising from unauthorised use of the customer’s identification information.
In the event that a customer becomes aware of a breach of the confidentiality of the customer’s user name and/or password, the customer must immediately advise Xquisite Fused Glass Jewellery of this writing. The compromised user name and password will be deactivated as soon as reasonably possible and a new user name and password will be issued to the customer.
Xquisite Fused Glass Jewellery may at any time, in its sole and absolute discretion and for any reason whatsoever, require a registered customer to change his/her user name and/or password.
If a user/customer commits any breach of these Terms or in any other way interacts with or uses the Website in an unlawful or unauthorised manner, Xquisite Fused Glass Jewellery shall be entitled, in its sole and absolute discretion, to terminate the users/customer’s access to the Website immediately, without prior notice, without any liability on Xquisite Fused Glass Jewellery and without prejudice to Xquisite Fused Glass Jewellery’ rights in terms of these Terms or in law.
External Links
For your convenience and information, external links to other websites may be provided. These are beyond the control of Xquisite Fused Glass Jewellery and no representation is made as to their content. Use of and/or reliance on any external links provided is at your own risk. No hypertext links may be created from any website without the express prior written permission of Xquisite Fused Glass Jewellery.
Privacy and Security
Please refer to the privacy notice section of this Website which sets out our policy regarding privacy and security.
Copyright & Proprietary Rights
The Website is owned by Xquisite Fused Glass Jewellery (Pty) Ltd and the user acknowledges that Xquisite Fused Glass Jewellery and/or its licensors are the proprietors of all Intellectual Property associated with or appearing on the Website.
The content of the Website, including but not limited to any photos, text, pictures, names, titles, brands, drawings and associated software are protected by South African and international law. The owners of such content reserve all such rights therein unless provided otherwise in these Terms.
The user undertakes:
• To not, at any time, do or cause to be done any act that in any way impairs any part of Xquisite Fused Glass Jewellery’ rights, title and interest in its Intellectual Property
• To not in any way make unauthorised use of the Intellectual Property or to represent that they have any rights of any nature in the Intellectual Property or any registrations thereof
• To not make any unauthorised use, reproductions or copies of any work or material displayed or made available on the Website and agrees to adhere to and comply with all policies, conditions of use and rules that may apply to the use of such work or material.
Xquisite Fused Glass Jewellery’ graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of Xquisite Fused Glass Jewellery. Xquisite Fused Glass Jewellery’ Trade Marks and trade dress may not be used in connection with any product or service that is not conducted by Xquisite Fused Glass Jewellery or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Xquisite Fused Glass Jewellery.
The user may not use any of the Intellectual Property without the explicit written consent of Xquisite Fused Glass Jewellery. All other trademarks not owned by Xquisite Fused Glass Jewellery that appear on the Website are the property of their respective owners who may or may not be affiliated with us. The user may not use such trademarks without prior written consent from the relevant owners.
A user of this Website may not use, reproduce, adapt, distribute, publish and/or otherwise copy or distribute content obtained on the Website for marketing or any other purposes without the prior written consent of Xquisite Fused Glass Jewellery (Pty) Ltd. No user may in any way deal or interfere with the Website’s content.
Disclaimer
Any commentary, advice, information, suggestions, opinions, answers or any other information posted on the Website is not intended to nor shall it be interpreted to amount to advice on which reliance should be placed and are posted for guidance purposes only. A user makes use of any such information at own risk and discretion, and disclaims and indemnifies Xquisite Fused Glass Jewellery from and against any and all liability and responsibility arising from any reliance placed on such information.
Unlawful Use
This Website shall not be used to send or post any message or material that is unlawful, profane, defamatory, harassing, abusive, threatening, racially offensive, vulgar, obscene, sexually orientated, pornographic or that violates any law and you hereby indemnify Xquisite Fused Glass Jewellery against any loss, liability, damage or expense of whatever nature, that may be suffered or that any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the Website to send or post any message or material as referred to in the aforesaid.
Malicious Software & Offences
A user of the Website warrants that the user:
• will not use the Website in any way that causes, or is likely to cause, the Website and access to the Website to be interrupted, damaged or impaired in any manner;
• no form of virus, worms, logic bombs, Trojans, or other malicious coding, virus or software will be introduced onto the Website or into the Xquisite Fused Glass Jewellery system that may cause any form of technological harm or any other form of harm in any manner;
• will not attempt to gain unauthorised access to the Website, including through the theft of any third party’s user name and/or password; and
• will not attempt to gain unauthorised access to the Website’s server, databases, computers or any other device associated with the Website and will not attack the Website through a denial-of-service attack or a distributed denial-of-service attack.
Any breach of the above terms regarding malicious software and offences will be reported to the relevant law enforcement agencies and Xquisite Fused Glass Jewellery will co-operate in all respects with law enforcement agencies, including the disclosure of the identity and identification information of the user.
Although Xquisite Fused Glass Jewellery and its service providers will use reasonable efforts to ensure that no malicious content can be received from the Website, Xquisite Fused Glass Jewellery does not warrant that the Website is free of malicious content or viruses and Xquisite Fused Glass Jewellery will not be held liable for any loss resulting from a distributed denial-of-service attack, or any malicious content as described above which may infect any users computer or device, computer equipment, data or any other propriety material where such loss is or may be attributed to the users use of the Website or downloads received from the Website.
The user further warrants that he/she will not use the Website in any manner that will break any law enforceable in South Africa.
Limitation of Liability
A user makes use of this Website at their own risk.
The Website and all information, content, materials and services included or otherwise made available therein are provided on an “as is” and “as available” basis. Xquisite Fused Glass Jewellery makes no warranties or representations of any kind, express or implied, as to the operation of this Website or the available information, content, materials or services included on or otherwise made available to the user.
The liability of Xquisite Fused Glass Jewellery for losses suffered as a result of any breach of these Terms shall be strictly limited to the purchase price of the product or products purchased by any Customer.
Notwithstanding anything to the contrary contained in these Terms, Xquisite Fused Glass Jewellery shall have no liability for any loss, damage, cost, claim or penalty of whatsoever nature including, but not limited to, indirect and consequential loss or damage and loss of profits, however arising out of or in connection with these Terms or the Website, whether caused by latent or patent defects in the Website, the use of the Website and/or information contained on the Website or otherwise.
The user hereby indemnifies Xquisite Fused Glass Jewellery and holds it harmless against any and all liability, loss, damage, penalty, cost or claim of any nature whatsoever suffered by the user or any third party in relation to any act or omission by the user in relation to the Website and the use thereof by the user, and/or arising from the provisions of these Terms.
The user assumes all responsibility and risk for the use of the Website and Xquisite Fused Glass Jewellery disclaims all liability for any loss, injury, damage, cost, penalty or claim resulting from the use of the Website, whether direct or indirect, and whether or not Xquisite Fused Glass Jewellery has been advised of or has knowledge of the possibility of such loss, injury, damage, cost, penalty or claim.
Xquisite Fused Glass Jewellery will not be held liable for any delay, failure, breach or non-compliance with its obligations under these Terms if such delay, failure, breach or non-compliance is beyond the reasonable control of Xquisite Fused Glass Jewellery.
These Terms do not intend to, nor shall they be interpreted to, limit the liability of Xquisite Fused Glass Jewellery in any way which would be illegal for Xquisite Fused Glass Jewellery to exclude or attempt to exclude or where such exclusion is prohibited by the Consumer Protection Act, 2008 or the Electronic Communications and Transactions Act, 2002, or any other law in force from time to time in the Republic of South Africa.
Xquisite Fused Glass Jewellery nor its directors shall be liable for any failure and/or unavailability of the Website for any reason whatever and/or the failure/delay by any third party service provider to render any services which are necessary to ensure the availability of the Website.
You waive any rights you may have or obtain against Xquisite Fused Glass Jewellery arising directly or indirectly from any loss or damage of whatsoever nature which you may suffer as a result of the fact that Xquisite Fused Glass Jewellery acts on your instructions/orders or instructions/orders purported to emanate from you.
The use of any product or service bought from this Website is at the purchaser’s risk. The purchaser/user indemnifies and holds Xquisite Fused Glass Jewellery harmless against any loss, injury or damages which may be sustained as a result of using the products sold on the Website.
You hereby indemnify Xquisite Fused Glass Jewellery and its directors against any loss, liability, damage or expense of any nature whatsoever which may be suffered by you or any third party as a result of or which may be attributable directly or indirectly to your access and use of the Website and/or any information contained on or via the Website and/or your use of our products.
Warranties
Xquisite Fused Glass Jewellery warrants that any product purchased on the Website is of satisfactory quality, reasonably fit for the purposes for which products of its kind are intended and marketed and will be usable and durable for a reasonable period that can be associated with products of a similar nature and type.
Choice of Law
This Website is controlled, operated and administered by Xquisite Fused Glass Jewellery and/or its service providers from 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 & Conditions shall be governed by the laws of the Republic of South Africa, and the user consents to the jurisdiction of the Witwatersrand High Court in the event of any dispute.
If any of the provisions of these Terms & 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 & Conditions, and the remainder of these Terms & Conditions shall continue in full force and effect.