Terms of Service

We are the owner of and this is our website. These are our legal terms, including our:

  • Terms of use – which you agree to by visiting this website;
  • Terms of sale – which you agree to by checking a check box when you place an order through this website;
  • Privacy policy – which you agree to by registering an account with this website, when you submit your personal information through this website and apply when you visit this website;
  • Delivery policy - which you agree to by checking a check box when you place an order through this website;
  • Return policy - which you agree to by checking a check box when you place an order through this website.

You agree to these policies when you order directly from us via:

  • Whatsapp
  • SMS
  • Phone
  • E-mail

You agree to these policies when you order directly from us via any of our e-Commerce shops or social media platforms, including but not limited to:

  • Bid or Buy
  • Hello Pretty
  • Facebook
  • Instagram
  • Gumtree
  • OLX

We may change any of these terms at any time by updating this web page.

If you have any questions about our legal terms, please contact us.

 

Terms of use

  1. Licence. We grant you a limited licence to use this website.
  2. Breach. We may cancel your licence if you breach any of these terms.
  3. Framing. You may not frame this website.
  4. Capacity. You agree to these terms on the basis that you have the capacity to visit this website.
  5. Accurate information. You promise that you will give this website only accurate information.
  6. Ownership. We or our third party licensors own all right in this website.
  7. Trade marks. All our trade marks are our property and you may not use them without our permission. All other trade marks are their respective owners’ property.
  8. Restrictions. You may not change, hire out, reverse engineer, or copy this website without our permission.
  9. Own risk. You use this website at your own risk and we make no warranties about it.
  10. Indemnity. You indemnify us against any liability related to your use of this website.
  11. Direct damages limited. Our maximum liability to you for all claims for direct damaged related to this website is R100.
  12. Indirect damages. We will never be responsible for any indirect damages.

 

Terms of sale

  1. Introduction. These terms cover any transactions where we provide goods to you through this website.
  2. The parties. We are the vendor under these terms. You are the customer under these terms.
  3. Duration. These terms commence when you accept them and continue until terminated.
  4. Orders. You place orders with us on the following basis:
  • you promise that you have the legal capacity to enter into the transaction;
  • we only conclude an agreement when we dispatch our goods to you;
  • we may cancel any order, but we will refund any money you have paid if we do;
  • we conclude an agreement where you are domiciled; and
  • each order is a separate agreement, but you breach all of them if you breach one.
  1. Goods. We sell the goods to you on the following basis:
  • you will bear the cost and we will choose the way of packaging and delivering the goods unless agreed otherwise;
  • we will do our best to dispatch the goods as soon as possible after you have placed an order, but we are not liable and you may not cancel an order if we do not do so timeously;
  • risks related to the goods pass to you on delivery;
  • ownership in the goods passes to you on payment of the fees in full; and
  • you have the same rights against us as we have against our suppliers in terms of any warranty attached to the goods or imposed by law.
  1. Your data. You own all your data. When you enter your data into the system, you give us a licence to use it to provide the goods. We are not responsible for any of your data stored on our system.
  2. Intellectual property. We may own intellectual property rights in our goods and you may not use those rights without our permission. We may prosecute you for any violations of our proprietary rights.
  3. Disclaimer. We disclaim all warranties to the extent allowed by applicable law. We are not liable for any defect that you cause.
  4. Fees and payment. You will pay us the fees on the due date. You may not withhold payment of any amount due to us for any reason.
  5. Direct damages limited. We are only liable to you for any direct damages that the goods may cause up to the total amount of fees that you have paid us for them.
  6. Indirect damages excluded. We are not liable for any other losses that the goods may cause you.
  7. Breach. Please don't breach your obligations under this agreement. If you do, we have certain rights against you in terms of the law.
  8. Termination. We may need to terminate this agreement immediately under certain unlikely circumstances, including if we discontinue the goods, believe providing the goods could burden or pose a risk to us, have to terminate to comply with a law, or providing the goods has become impractical. If we need to terminate, we will give you as much notice as possible in writing.
  9. Resolving disputes. We want to avoid disputes about this agreement and resolve them as quickly as possible. But if there is one, either party may inform the other of it in writing. The parties must first try to negotiate to end the dispute, then enter into mediation if negotiation fails, and finally go to arbitration if mediation fails.
  10. Notices and domicile. We want to communicate with you effectively about this agreement. For this reason, the parties will send all notices to each others' email addresses and choose their respective street addresses as their service addresses for all legal documents. The parties may change either address on 14 calendar days written notice to the other.
  11. Force majeure. Things may happen that prevent you or us from complying with each of our obligations under this agreement. Neither party is responsible for breach of this agreement caused by circumstances beyond its control, but the other party may cancel the agreement on written notice to the other if the circumstances persist for more than 60 calendar days.
  12. Entire agreement. The agreement is the entire agreement between the parties on the subject.
  13. Changes. If we change this agreement by updating this web page, any changes will only apply to future orders.
  14. Governing law. South African law governs this agreement.
  15. Jurisdiction. You consent to the jurisdiction of the Magistrate's Court.

 

Privacy policy

  1. Purpose. This policy describes the way we handle your personal information.
  2. Personal information. Personal information includes information we collect:
  • on submission when you place an order; and
  • automatically when you visit this website.
  1. Acceptance. You may not order any of our goods if you do not accept this policy.
  2. Collected on submission. We collect your contact details and delivery address when you place an order.
  3. Collected automatically. We collect your Internet usage information when you visit this website.
  4. Purpose for collection. We may use any of your personal information that you provide to us for the purposes that you indicated when you agreed to provide it to us.
  5. Consent to collection. We will get your consent to collect your personal information in accordance with applicable law when you provide us with it.
  6. Use. We may use your personal information to fulfil our obligations to you.
  7. Sharing. We may share your personal information with third parties for the purposes of fulfilling our obligations to you.
  8. Disclosure. We may disclose personal information to third parties if required for legal reasons.
  9. Security. Our website is hosted on a secure server and uses security measures to prevent interference by intruders.
  10. Retention. We will only retain your personal information for as long as is necessary.
  11. Transfer. We may transfer your personal information outside South Africa to a foreign country.
  12. Updating or removing. You may choose to update or remove the personal information you have submitted to us by contacting us.

 

Delivery policy

  1. Collections. We do accept collections by prior arrangement. If you will be sending a courier to collect, any courier charges incurred in this manner will be for your own account. Please inform us timeously as the goods will need to be packaged prior to collection. There will be a packing fee of R25.00 due for this service.
  2. Correct delivery information. It is your responsibility to provide the correct contact details and address accompanying the delivery method you have chosen –
  • a postal address for postal delivery
  • a physical day-time delivery address for courier delivery
  • a Postnet branch for postnet delivery.

Incorrect delivery information provided will result in delayed dispatch of parcels but may also result in delayed or non-delivery and will need to be taken up with the relevant courier service.
In instances where delivery address is at a company / business address, housing complex, townhouse complex, or block of flats, please ensure that a complete address including company name is provided as well as a daytime contact number.

  1. Dispatch. We aim to ship out all parcels the same day or the very next available work day (if payment is received after cut off time), after the order has been placed and payment has been received.
  2. Delays. We cannot accept responsibility for any delay in deliveries, caused without limitation either by providing incorrect delivery information or due to the third party courier service.
  3. Damage. We cannot accept responsibility for any damage that occurred during transit of goods. We take care to package our parcels as securely as possible.
  4. Loss. We cannot accept responsibility for a parcel that is lost during transit.
  5. Insurance. Some delivery options have automatic or optional insurance. Some options don’t have insurance available at all. If you choose to opt for insurance, you are agreeing to the Terms & Conditions stipulated by the third party insurance provider.
  6. Estimated Time of Arrival: We cannot accept responsibility if a parcel takes longer to be delivered by a third party courier service than the ETA. We provided you with an estimated time of arrival based on experience with the courier.
  7. Saturdays, Public Holidays & After Hours. Most courier services do not deliver on Saturdays, Public Holidays or After Hours. You can however pick-up your parcel from the Post Office or Postnet during their stipulated trading hours.
  8. Tracking. A tracking number will be provided to you once the parcel has been dispatched. It is your responsibility to keep track of the parcel. If your parcel does not arrive within the given ETA, you should get in touch with the relevant courier service.
  9. Delivery. Upon receipt of your parcel, you have 10 work days to report any issues to us, failing which we automatically assume that the products were delivered to you in good order.

Return Policy

  1. Returns. In the event that an item is the incorrect size or if you not completely satisfied with any of our products, we must insist that the query be reported within 48 hours of receipt and then returned to us within 10 business days of receiving the item. We will not entertain returns after this period.
  2. Processing time. Once received and processed, please allow up to 2 work days for us to inspect the goods. Any refund or credit will only take place once we have processed the return and deemed it to be in line with our policies.
  3. Original condition. Items must be returned in their original condition. If the returned product is found to be damaged or worn, you will forfeit the refund. In this event, you are responsible for paying return delivery of the product(s) should you want them returned to you.
  4. Non-returnable products. We will not accept returns for opened booster packs, decks, deck builder’s toolkits or other related trading cards.

Due to the intimate nature of certain products, especially those that are worn through a hole in your flesh e.g. piercing jewellery & earrings, or any products that are considered a health risk, as a general rule and for general public health and safety reasons, will not be accepted for returns. Therefore we urge you to make sure that you are purchasing the correct product and if you have any questions, please get in touch with us prior to placing your order. We will always include an Alcohol Swab, when available, with items of this nature, so that you may clean the product for your own safety prior to wearing it. In the event that we run out of swabs, you can use salt water or a mild disinfectant obtainable from a pharmacy to clean the product. Please note that some solutions may damage the product due to the harshness of this process.

  1. Delivery. You will not be refunded for any delivery cost under any circumstances.
  2. Return Delivery. Items returned to us needs to be packaged securely, especially if the product is fragile. We will not accept returns on items that arrive damaged due to poor packaging or that are damaged during transit. You will not be refunded for any return delivery cost under any circumstances.
  3. Bank processing fees. Any debit or credit card processing fees will not be refunded and will be deducted from the return value.
  4. Branded packaging. All branded product packaging, where relevant, must be intact upon return. A repacking fee may be charged if the branded packaging was destroyed or damaged.
  5. Our discretion. We have the sole discretion to refund you by any appropriate means including cash, a credit voucher (electronic or paper) or by crediting the relevant customer account or applicable credit or debit card.
  6. Alchemy Gothic guarantee & repairs - Should any items need to be returned to the manufacturer in England under guarantee or for repair, you will be responsible for the international delivery charges to return said goods. If the supplier finds the item to be defective, they will use their own discretion if they will repair, replace or not do anything.

In some cases, if small repairs are required, for example a link needs to be removed from a watch, not many local jewellers work with English Pewter. We can however recommend http://www.silverrestorationza.com/ based in Johannesburg.

Also, in the event that the product needs to be altered such as a link needs to be removed, we may be able to get this customised for you directly from the supplier. Please arrange this prior to placing your order, so that we can confirm if it is possible and to avoid having to do this after receiving the product.

If you have any questions or concerns, please don’t hesitate to get in touch with us by e-mail – info@deviantsouth.co.za