Terms & Conditions
These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”) and the Electronic Communications and Transactions Act, 25 of 2002 (the “ECTA”) for the supply of goods on kirstengoss.com / kirstengoss.co.za / kirstengoss.co.uk.
‘Goods’ refers to jewellery in sterling silver, 18kt gold vermeil, & 18kt gold jewellery using semi-precious and precious gemstones.
Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
Please note that these Terms and Conditions contain provisions that appear in similar text and style to this clause and which –
- may limit the risk or liability of Kirsten Goss or a third party; and/or
- may create risk or liability for the user; and/or
- may compel the user to indemnify Kirsten Goss or a third party; and/or
- serves as an acknowledgement, by the user, of a fact.
If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Kirsten Goss to explain it to you before you accept the Terms and Conditions or continue using our Website(s). Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit, or avoid any right or obligation, as the case may be, created for either you or Kirsten Goss in terms of the law.
We reserve the right to alter our terms and conditions on occasion. Following these changes, the customers continued use of the website acts as their acceptance of these changes. It falls under the customer’s responsibility to check on any changes to our terms and conditions.
Making a purchase / Agreement
We must receive payment in its entirety for the full price quoted on the items at checkout before an order can be accepted. Once we have been notified of receipt of payment, we will email the customer with confirmation of order on the email address provided to us. Once we’ve confirmed and accepted your order, a legally binding contract is entered into between us and the customer. We accept most major credit cards with the exception of American Express. All credit card purchases must be directed to the cardholder’s address.
Pricing and Promotional codes
All of our prices are given in ZAR or GBP, depending on the country you are viewing our website from. We may occasionally offer promotional discount codes which that may apply to any or specific items or delivery methods on our website. These codes can only be used on full-priced items and cannot be used in conjunction with any other offer or discount.
Packaging and Delivery
All of our jewellery is beautifully packaged in a cotton Kirsten Goss pouch and sturdy box accompanied by information cards. It is delivered using a fully insured, secure, swift service.
All orders will require a signature on delivery.
Deliveries within all South African major cities are charged at R190.00 and all orders are dispatched using DHL, alternatively South African Courier Systems (trading as Royale International) next day service. For all other South African cities, a surcharge may be charged and are dispatched using DHL, alternatively South African Courier Systems (trading as Royale International) 48-hour service.
Items purchased from kirstengoss.co.za will only be delivered to locations within South Africa. Shoppers, who wish to purchase items to be delivered to locations outside of South Africa, must please purchase such items from kirstengoss.co.uk.
If an order is returned to us due to the postal or courier service not being able to complete the delivery for any reason, the customer will be responsible for the repeat delivery costs.
Subject to availability of the item ordered, we aim to dispatch within 7 working days of purchase. If the item is readily available and in stock at one of our South African stores, we will dispatch it on the following working day. Between Christmas and the New-Year, any order placed will be delayed in production until the New-Year as the studio is closed over this time.
This policy applies to the return of goods services, bought from Kirsten Goss (“our”, “us”, “we” by you (“the consumer”).
Any items of jewellery ordered from our website can be returned, for any reason whatsoever, for a full refund, subject thereto that such item be returned unworn and in its original packaging, accompanied by a completed returns form, within 7 calendar days of receipt of the goods, Please notify us at email@example.com, within 7 days of receipt to receive a returns authorization number to be included with your returned items.
Please note that such refund shall exclude the delivery charges and the refunds for the value of the item returned, will be credited to the customer’s credit card within 30 days of receipt of the returned item(s).
Customers are advised to please inspect their purchases on receipt, before removing any tags or disposing of any packaging, and to please inform us of any breakages or defects via email at firstname.lastname@example.org, within 48 hours of receipt of the items as we will not accept returns on any items of jewellery that have been worn, have had their security tags removed, or are not in their original packaging, subject to terms and conditions regarding the return for defective goods.
Return for defective goods
If the goods, delivered to the customer, are not in working order, of poor quality, defective, and/or not usable or durable, having regard to the use to which the goods would be normally put, within 6 months of delivery, the customer may return these goods.
We reserve the right to inspect and assess the faulty/damaged items at the studio where an outcome will be decided on, taking fair wear and tear into account. After assessment, items may be repaired, free of charged, where repair is possible, alternatively we shall refund the consumer.
If you choose to repair the goods in question during the 6-month period contemplated above, such repairs will carry a further warranty of 3 months from the date of repair.
In the event of the goods being unsatisfactorily repaired or if any further failure or defect is discovered within 3 months from the date of repair, you will be entitled to request us to either replace the goods or refund you the money paid for the goods.
In relation to the quality or durability of goods, please note that they will not be considered defective if:
- the consumer has been expressly informed that particular goods were offered in a specific condition; and
- the consumer has expressly agreed to accept the goods in that condition, or knowingly acted in a manner consistent with accepting the goods in that condition
Please note that in all instances relating to the return of goods, we are entitled to charge the customer a reasonable charge for
- any delivery fees
- damaged packaging, partially consumed and/or goods that are not in a saleable condition;
- goods that have been used in excess of the amount reasonably necessary to determine that the goods were unacceptable.
Notwithstanding the above, no returns will be accepted for:
- Bespoke or customized items.
- the goods, have been altered contrary to our or the manufacturer’s instructions after leaving our control
- the goods, have been partially or entirely disassembled; or
- the goods, have been permanently installed, affixed, attached, joined, or added to, blended, or combined with, or embedded within, other goods
Within South Africa, all jewellery must be returned via DHL, alternatively South African Courier Systems (trading as Royale International), at the expense of the customer. We will not accept responsibility for the non-arrival of returned items that were sent by any means other than those stated above.
In the instance that a ring is ordered in the incorrect size, re-sizing the ring will incur a charge. Due to the type of setting and stone used, in some instances, we cannot guarantee that the ring can be re-sized. Please be aware that re-sizing a ring is a significant exercise and the associated costs may be in excess of the original purchase price of the ring.
We do offer a service for items of Kirsten Goss jewellery to be professionally cleaned, re-serviced or where possible repaired at a charge. Please contact us directly for assessment and a quote on charges involved.
We also offer a re-plating service for all items of 18kt gold vermeil Kirsten goss jewellery. The first re-plate is free of charge on presentation of the customers ‘plating token’ which is included in the box of every piece of 18kt gold vermeil jewellery. Otherwise, a nominal fee is charge for any re-plating based on the size of the item and surface area of metal in the item.
Gift Vouchers are available in denominations of R100 and can be redeemed against an online purchase at the point of checkout. Several cards can be redeemed against a single transaction.
Cancellation by us
We reserve the right to cancel a transaction between ourselves and the customer for the following reasons:
as we only source very limited amounts of the materials we use, we may have insufficient materials to make an item that has been popular.
If we do cancel an order, the customer will be notified by email or telephone, and the customer’s credit card will be re-credited as soon as possible. We will not be obliged to offer any additional compensation for disappointment suffered.
We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of services and/or Goods on our Website(s). However, should there be any errors of whatsoever nature on our Website(s) (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy.
Subject to goods that are defective or have a manufacturing fault, if the items that you receive from us are not what you ordered or are damaged, we shall not have any liability to you the customer unless you notify us of the problem by email (email@example.com) within 7 working days of receipt of the items in question.
On confirmation of the delivery date from us, if you don’t receive the items you ordered from us within this time frame (usually 7 working days) from placing the order, we shall have no liability to you unless you notify us by email or telephone of the problem. This must happen within 7 working days from the date of expected receipt of delivery as confirmed by us. If you notify us of the issue under this condition, we will be obliged to either:
make good any shortage or non-delivery
replace any damaged or defective items
refund to you the amount paid by you for the items in question. This excludes the delivery charge
We will not be liable to you for any indirect or consequential loss or damage of items purchased from us once the tags have been removed and the items have been worn.
We cannot be held responsible for any delays in delivery once the items have left us and are in possession of South African Courier Systems (trading as Royale International).
We respect your privacy and shall take all reasonable steps to protect the personal information of users. 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 from http://www.polity.org.za/attachment.php?aa_id=3569.
Card acquiring and security
Card transactions will be acquired for Kirsten Goss via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
Customer details separate from card details
Customer details will be stored by Kirsten Goss separately from card details which are entered by the client on PayGate’s secure site. For more detail on PayGate refer to www.paygate.co.za.
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).
Country of domicile
This website is governed by the laws of South Africa and Kirsten Goss chooses as its domicilium citandi et executandi, the below address, for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature.
This website is run by Kirsten Goss, Registration number 2012/129925/07 with Kirsten Goss and Sarah Kirk as Directors.