Cape Town Jewellery & Co. operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a curated shopping experience (the “Services”). This Privacy Policy describes how we collect, use, and disclose your personal information when you visit, use, or make a purchase or other transaction using the Services or otherwise communicate with us. If there is a conflict between our Terms of Service and this Privacy Policy, this Privacy Policy controls with respect to the collection, processing, and disclosure of your personal information.

Please read this Privacy Policy carefully. By using and accessing any of the Services, you acknowledge that you have read this Privacy Policy and understand the collection, use, and disclosure of your information as described in this Privacy Policy.

Personal Information We Collect or Process

When we use the term “personal information,” we are referring to information that identifies or can reasonably be linked to you or another person. Personal information does not include information that is collected anonymously or that has been de-identified, so that it cannot identify or be reasonably linked to you. We may collect or process the following categories of personal information, including inferences drawn from this personal information, depending on how you interact with the Services, where you live, and as permitted or required by applicable law:

• Contact details including your name, address, billing address, shipping address, phone number, and email address.
• Financial information including credit card, debit card, and financial account numbers, payment card information, financial account information, transaction details, form of payment, payment confirmation and other payment details.
• Account information including your username, password, security questions, preferences and settings.
• Transaction information including the items you view, put in your cart, add to your wishlist, or purchase, return, exchange or cancel and your past transactions.
• Communications with us including the information you include in communications with us, for example, when sending a customer support inquiry.
• Device information including information about your device, browser, or network connection, your IP address, and other unique identifiers.
• Usage information including information regarding your interaction with the Services, including how and when you interact with or navigate the Services.

Website Analytics

We use Google Analytics to understand how many people visit the website and how they use it, for example which pages are viewed and which country visitors are in. Google Analytics uses cookies and similar technologies and reports information to us in aggregate form. We do not use it for advertising. You can block these cookies in your browser settings, or install Google’s opt-out browser add-on, and you can still use the website.

Personal Information Sources

We may collect personal information from the following sources:

• Directly from you including when you create an account, visit or use the Services, communicate with us, or otherwise provide us with your personal information;
• Automatically through the Services including from your device when you use our products or services or visit our websites, and through the use of cookies and similar technologies;
• From our service providers including when we engage them to enable certain technology and when they collect or process your personal information on our behalf;
• From our partners or other third parties.

How We Use Your Personal Information

Depending on how you interact with us or which of the Services you use, we may use personal information for the following purposes:

• Provide, Tailor, and Improve the Services. We use your personal information to provide you with the Services, including to perform our contract with you, to process your payments, to fulfill your orders, to remember your preferences and items you are interested in, to send notifications to you related to your account, to process purchases, returns, exchanges or other transactions, to create, maintain and otherwise manage your account, to arrange for shipping, to facilitate any returns and exchanges, to enable you to post reviews, and to create a customized shopping experience for you, such as recommending products related to your purchases. This may include using your personal information to better tailor and improve the Services.
• Marketing and Advertising. We use your personal information for marketing and promotional purposes, such as to send marketing, advertising and promotional communications by email, text message or postal mail, and to show you online advertisements for products or services on the Services or other websites, including based on items you previously have purchased or added to your cart and other activity on the Services.
• Security and Fraud Prevention. We use your personal information to authenticate your account, to provide a secure payment and shopping experience, detect, investigate or take action regarding possible fraudulent, illegal, unsafe, or malicious activity, protect public safety, and to secure our services. If you choose to use the Services and register an account, you are responsible for keeping your account credentials safe. We highly recommend that you do not share your username, password or other access details with anyone else.
• Communicating with You. We use your personal information to provide you with customer support, to be responsive to you, to provide effective services to you and to maintain our business relationship with you.
• Legal Reasons. We use your personal information to comply with applicable law or respond to valid legal process, including requests from law enforcement or government agencies, to investigate or participate in civil discovery, potential or actual litigation, or other adversarial legal proceedings, and to enforce or investigate potential violations of our terms or policies.

How We Disclose Personal Information

In certain circumstances, we may disclose your personal information to third parties for legitimate purposes subject to this Privacy Policy. Such circumstances may include:

• With vendors and other third parties who perform services on our behalf (e.g. IT management, payment processing, data analytics, customer support, cloud storage, fulfillment and shipping).
• With business and marketing partners to provide marketing services and advertise to you. Our business and marketing partners will use your information in accordance with their own privacy notices. Depending on where you reside, you may have a right to direct us not to share information about you to show you targeted advertisements and marketing based on your online activity with different merchants and websites.
• When you direct, request us or otherwise consent to our disclosure of certain information to third parties, such as to ship you products or through your use of social media widgets or login integrations.
• With our affiliates or otherwise within our corporate group.
• In connection with a business transaction such as a merger or bankruptcy, to comply with any applicable legal obligations (including to respond to subpoenas, search warrants and similar requests), to enforce any applicable terms of service or policies, and to protect or defend the Services, our rights, and the rights of our users or others.

Third Party Websites and Links

The Services may provide links to websites or other online platforms operated by third parties. If you follow links to sites not affiliated or controlled by us, you should review their privacy and security policies and other terms and conditions. We do not guarantee and are not responsible for the privacy or security of such sites, including the accuracy, completeness, or reliability of information found on these sites. Information you provide on public or semi-public venues, including information you share on third-party social networking platforms may also be viewable by other users of the Services and/or users of those third-party platforms without limitation as to its use by us or by a third party. Our inclusion of such links does not, by itself, imply any endorsement of the content on such platforms or of their owners or operators, except as disclosed on the Services.

Children's Data

The Services are not intended to be used by children, and we do not knowingly collect any personal information about children under the age of majority in your jurisdiction. If you are the parent or guardian of a child who has provided us with their personal information, you may contact us using the contact details set out below to request that it be deleted. As of the Effective Date of this Privacy Policy, we do not have actual knowledge that we “share” or “sell” (as those terms are defined in applicable law) personal information of individuals under 16 years of age.

Security and Retention of Your Information

Please be aware that no security measures are perfect or impenetrable, and we cannot guarantee “perfect security.” In addition, any information you send to us may not be secure while in transit. We recommend that you do not use unsecure channels to communicate sensitive or confidential information to us.

How long we retain your personal information depends on different factors, such as whether we need the information to maintain your account, to provide you with Services, comply with legal obligations, resolve disputes or enforce other applicable contracts and policies.

Your Rights and Choices

Depending on where you live, you may have some or all of the rights listed below in relation to your personal information. However, these rights are not absolute, may apply only in certain circumstances and, in certain cases, we may decline your request as permitted by law.

• Right to Access / Know. You may have a right to request access to personal information that we hold about you.
• Right to Delete. You may have a right to request that we delete personal information we maintain about you.
• Right to Correct. You may have a right to request that we correct inaccurate personal information we maintain about you.
• Right of Portability. You may have a right to receive a copy of the personal information we hold about you and to request that we transfer it to a third party, in certain circumstances and with certain exceptions.
• Managing Communication Preferences. We may send you promotional emails, and you may opt out of receiving these at any time by using the unsubscribe option displayed in our emails to you. If you opt out, we may still send you non-promotional emails, such as those about your account or orders that you have made.

You may exercise any of these rights where indicated on the Services or by contacting us using the contact details provided below.

We will not discriminate against you for exercising any of these rights. We may need to verify your identity before we can process your requests, as permitted or required under applicable law. In accordance with applicable laws, you may designate an authorized agent to make requests on your behalf to exercise your rights. Before accepting such a request from an agent, we will require that the agent provide proof you have authorized them to act on your behalf, and we may need you to verify your identity directly with us. We will respond to your request in a timely manner as required under applicable law.

Complaints

If you have complaints about how we process your personal information, please contact us using the contact details provided below. Depending on where you live, you may have the right to appeal our decision by contacting us using the contact details set out below, or lodge your complaint with your local data protection authority.

International Transfers

Please note that we may transfer, store and process your personal information outside the country you live in.

If we transfer your personal information out of the European Economic Area or the United Kingdom, we will rely on recognized transfer mechanisms like the European Commission's Standard Contractual Clauses, or any equivalent contracts issued by the relevant competent authority of the UK, as relevant, unless the data transfer is to a country that has been determined to provide an adequate level of protection.

By using our website, you (the visitor) agree to allow third parties to process your IP address, in order to determine your location for the purpose of currency conversion. You also agree to have that currency stored in a session cookie in your browser (a temporary cookie which gets automatically removed when you close your browser). We do this in order for the selected currency to remain selected and consistent when browsing our website so that the prices can convert to your (the visitor) local currency.

Changes to This Privacy Policy

We may update this Privacy Policy from time to time, including to reflect changes to our practices or for other operational, legal, or regulatory reasons. We will post the revised Privacy Policy on this website, update the “Last updated” date and provide notice as required by applicable law.

Contact

Should you have any questions about our privacy practices or this Privacy Policy, or if you would like to exercise any of the rights available to you, please email us at info@capetownjewellery.com.

This policy is subject to the provisions of the Consumer Protection Act 68 of 2008 (CPA) and the Electronic Communications and Transactions Act 25 of 2002 (ECT Act).

1. The ECTA Cooling-Off Period (Change of Mind)

Because your purchase is made via the Site (an electronic transaction), the following applies:

• Right to Cancel: You are entitled to cancel your purchase without reason and without penalty within 7 days of receipt of the goods, as per Section 44 of the ECT Act.
• Refund: If you exercise this right, we will refund you the purchase price (excluding the direct cost of returning the goods) within 30 days of the date of cancellation.
• Return Costs: You will be responsible for the direct cost of returning the goods to us.
• Condition of Goods: The jewellery must be returned in its original condition, unused, and in its original packaging.

2. Statutory Implied Warranty of Quality (Defective Goods)

This right overrides any store policy and is mandated by the CPA (Section 56):

• Warranty: All products sold come with an implied warranty of quality for 6 months from the date of delivery.
• Defective Goods: If the jewellery is found to be defective, unsafe, or not of good quality, you may, within the 6-month period, return the item and choose, at your election, to have it:
  • Repaired
  • Replaced (with a similar item of equal value)
  • Refunded (full refund of the purchase price)
• Return Costs (Defective): If the return is due to a defect, the item will be returned at our risk and expense.
• Exception: This right does not apply if the customer was expressly informed of the specific defect and accepted the goods in that condition.

3. Custom and Special Order Jewellery

In terms of Section 42(g) of the ECT Act, the standard 7-day cooling-off period does not apply to goods made to the consumer's specifications or which are clearly personalised. The following terms apply to all Custom/Special Orders:

3.1 Deposits and Commencement of Work

• Non-Refundable Deposit: A 50% deposit is required to secure your order and begin the design process.
• Production Trigger: Once the deposit is paid, materials (such as specific gemstones or precious metals) are sourced immediately. Therefore, the deposit is non-refundable once work has commenced or materials have been purchased.

3.2 Cancellations and Alterations

• Finality of Design: Once manufacturing has started (post-design approval), the order cannot be cancelled or significantly altered.
• Cost of Changes: Any changes requested after production has begun may incur additional labor and material costs, for which the customer will be liable.

3.3 Final Payment and Delivery

• Balance Due: The remaining 50% balance is due in full upon completion of the piece.
• Release of Goods: No custom items will be shipped, delivered, or released for collection until the full balance has been cleared in our account.

3.4 Exclusions from Returns

• Custom-made jewellery is non-returnable and non-refundable for “change of mind” or “buyer's remorse.”
• Limited Warranty: Returns on custom items are only accepted if the item is defective (as per the CPA 6-month warranty) or if it fails to reasonably conform to the material specifications agreed upon in the final design brief.

4. Conditions and Hygiene Exceptions

Due to the nature of jewellery, certain conditions must be met upon return:

• Jewellery Alterations: You will lose your right of return if, after delivery, the jewellery has been partially or entirely disassembled, permanently installed, affixed, altered, or combined with other goods or property.
• Pierced Earrings/Body Jewellery: For reasons of public health and hygiene, pierced earrings and other body jewellery are non-returnable once delivered, unless they are defective or not as described.

5. Processing Refunds

• Payment Method: Where a refund is due, the payment will be made using the same method of payment used for the initial transaction.
• Consumer Choice: Where a CPA refund is due, we may not force you to accept a store credit or voucher if you request a cash refund.
• Handling Fee: For returns due to the ECTA 7-day Cooling-Off period (change of mind), we reserve the right to charge a reasonable amount for the use, consumption, or depletion of the goods, but only if the jewellery is not returned in its original condition and original packaging.

This section details our obligations to you under the Consumer Protection Act 68 of 2008 (CPA) and the Electronic Communications and Transactions Act 25 of 2002 (ECT Act).

1. Delivery Obligation and Timeframes

• Agreed Delivery Period: Our standard delivery timeframe is 3 to 5 business days. We undertake to deliver within this period, or any other specific delivery date or period agreed upon during the checkout process. Failure to deliver within this specific agreed time allows you to cancel the agreement without penalty.
• EFT Payment Processing: Please note that orders paid for via Electronic Funds Transfer (EFT) will only commence processing and fulfillment once the payment has been successfully cleared and reflected in our bank account.
• Mandatory Execution Period (ECT Act): Unless an alternative delivery period (such as the 3 to 5 business days mentioned above) has been agreed, we are generally required to execute your order within 30 days after receiving it. Should we fail to deliver within this 30-day period, you have the right to cancel the agreement with seven days' written notice and receive a full refund.
• Communication of Issues: We will immediately notify you of any foreseeable delays or inability to supply the ordered products. If we are unable to supply the goods, we will refund any payment made by you within 30 days of notifying you of the unavailability.

2. Risk of Loss and Damage (CPA)

This is a critical provision that protects you, the consumer:

• Supplier Risk: In terms of Section 19(2)(c) of the CPA, the risk of loss, theft, or damage to the goods remains with Cape Town Jewellery & Co. (the supplier) until the goods are physically delivered to and accepted by you or a person nominated by you (other than our agent or courier).
• Liability for Transit Loss: If the jewelry is lost or damaged while in the care of the courier we selected, we are responsible for either providing a replacement item (subject to availability) or issuing a full refund, as chosen by you.

3. Delivery Method and Charges

• Shipping Costs: All applicable shipping and insurance charges will be clearly displayed to you before final checkout and payment.
• International Duties and Taxes: Items shipped internationally may be subject to import duties, taxes, and custom processing fees levied by the destination country. These charges are not included in the product price or shipping cost and are the sole responsibility of the buyer. We have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country; please contact your local customs office for more information.
• Proof of Delivery (POD): A signed Proof of Delivery (POD) or the courier's electronic confirmation of delivery at the specified address will constitute final evidence of delivery for the purpose of transferring risk.
• Inspection upon Delivery: You should inspect the package for any visible damage before signing the delivery receipt. If the packaging is visibly damaged, you may refuse to accept the parcel, or you must make a note of the damage on the delivery slip.

4. Incorrect or Incomplete Delivery

• Right to Reject: Should you receive an item that is not what you ordered (e.g., wrong design, wrong metal), or if the package is incomplete, you have the right to reject delivery of the goods.
• Supplier Expense: In such cases, we will arrange for the correct item to be delivered, or the incorrect item to be collected, at our own expense and risk.
• Refusal of Delivery: If a delivery is refused by the recipient or remains unclaimed at the local customs office because of unpaid duties and taxes, the package may be returned to us or abandoned by the carrier. In the event of a refused or unclaimed international shipment:
  • Original shipping charges are non-refundable.
  • Any return shipping fees or customs penalties charged to Cape Town Jewellery & Co. by the carrier will be deducted from your total refund.
  • Refunds will only be processed once the items have been physically received back at our warehouse in their original condition.
• If the cost of return shipping exceeds the value of the items, the package may be abandoned by the carrier, in which case no refund will be issued.