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TERMS & CONDITIONS
Last updated 1 December 2022
1. GENERAL
1.1
All Products supplied by Earth Gold Collection Limited, trading as “Earth Gold Collection”, and its employees, contractors and agents (“Earth Gold Collection”) to the customer (“Customer”) are sold subject to these terms and conditions of sale (“Terms”).
1.2
The Customer acknowledges that by purchasing any Products from “Earth Gold Collection retail store (“Store”) or using or otherwise accessing “Earth Gold Collection website www.earthgoldcollection.co.za (“Website”), the Customer has read, understood and accepted the Terms and agrees to be bound by the Terms.
1.3
Earth Gold Collection reserves the right to amend these Terms in any manner and at any time and will upload the amended Terms to the Website. By continuing to use the Website or by purchasing Products from Earth Gold Collection after any such amendment, the Customer is deemed to have agreed to the amended Terms.
1.4
No variation, modification or substitution for these Terms is binding on Earth Gold Collection unless specifically accepted by Earth Gold Collection in writing.
1.5
The parties acknowledge and agree that for the purposes of the Terms, any reference to the “Products” means all products supplied by Earth Gold Collection to the Customer from time to time for sale to, and purchase by, the Customer and includes furniture and homewares.
2. USE OF WEBSITE
2.1
A Customer under the age of 18, must only use the Website with parental or caregiver consent, provided that the Customer’s parent or caregiver is over the age of 18 and has accepted the Terms on behalf of the Customer.
2.2
The Customer shall ensure that no other person shall use the Customer’s Website login or account with Earth Gold Collection to purchase any Products.
2.3 As a condition of use of the Website, the Customer agrees:
(a) Not to disrupt activity online;
(b) To ensure that the Website is not used for any illegal activity or which may expose Earth Gold Collection to potential litigation including (but not limited to) copyright and trade mark infringement, the publication of obscene or defamatory information or material, the publication of information or material that infringes the rights of third parties, or the publication of information or material that is likely to be misleading or deceptive or otherwise breaches the Consumer Protection Act of 2008;
(c) Not to use anybody else’s computer system, communications services or data, including by hacking or by attempting to circumvent user authentication or other security measures;
(d) Not to post or use any software or device which may facilitate a continued connection or degrade or impede the service of another user, such as pinging, mail bombs or war dialling;
(e) Not to run network scanning software or use open relay to distribute messages; and
(f) Not to introduce anything harmful or destructive (such as viruses, worms, Trojan horses, time bombs or bots) to, or interfere in any way with, Earth Gold Collection or anyone else’s computer system or communications services.
3. APPLICATION FOR INFORMATION ON PRODUCTS
3.1
Where the Customer wishes to request further information on the Products, the Customer must do so in accordance with the instructions on the Website.
3.2
Earth Gold Collection shall have the absolute discretion to decline the Customer’s request for further information on the Products for any reason whatsoever without reference to the Customer. Earth Gold Collection may require the provision of additional information or verifications before providing the Customer with further information.
4. PRODUCTS
4.1
Where the Customer proceeds to acquire Products from Earth Gold Collection, the terms and conditions relating to the Customer’s acquisition and use of all Products are those specifically set out in these Terms, unless otherwise expressly agreed by Earth Gold Collection in writing.
4.2
Earth Gold Collection is entitled to:
(a) Discontinue supply of all or any of the Products; and
(b) Add to or substitute Products.
4.3
Earth Gold Collection will give Customers notice of any such changes referred to in clause 4.2 by updating the Website.
5. ORDERS
5.1
The Customer must place orders for the Products to Earth Gold Collection in writing or via the Website.
5.2
Orders for Products are subject to Earth Gold Collection approval and acceptance. All orders are subject to the availability of Products.
5.3
In the event that an order is declined pursuant to clause 5.2, Earth Gold Collection shall refund to the customer any payment for the Products to the credit card or account used for such payment.
5.4
The Customer cannot cancel any order for Products (whether fully or in part) unless Earth Gold Collection has agreed in writing to the cancellation. The Customer cannot cancel any special indent order for Products, being an order for Products that Earth Gold Collection does not keep readily available in stock and where Earth Gold Collection has specifically ordered the Products from a supplier on the Customer’s instruction.
6. BACK ORDERS
6.1
All of our stock is delivered from Indonesia and as such restocking our product lines and having custom made products delivered do take some time. We usually try to aim for a three months time frame, but due to Covid restrictions this can also be interrupted temporarily. Please contact us directly on info@earthgoldcollection.co.za for further inquiries.
6.2
If you are ordering a custom item then a 50% deposit is needed for placing your order.
7. PRICE
7.1
The price payable for the Products ordered will be either:
(a) Where the Customer orders from the Website, the price specified on the Website;
(b) In all other cases, the price specified by Earth Gold Collection in writing.
7.2
All prices for the Products shall be in ZAR and shall be inclusive of VAT (unless otherwise stated). Earth Gold Collection may correct any clerical errors or omissions in any quotation, correspondence, invoice, on Products displayed in the Store or on the Website at any time.
7.3
Earth Gold Collection reserves the right to vary the price for Products, unless the Products have been purchased by Layby Agreement (as defined in clause clause 9.2). Earth Gold Collection will notify the Customer of any variations to the prices specified by updating the price displayed on the Product in the Store or on the Website.
7.4
Where a quotation is given by Earth Gold Collection to the Customer for Products:
(a) Subject to clause 5.4, the quotation will be valid for 30 days from the date of issue and thereafter will be deemed to be withdrawn; and
(b) No variation of the quotation is permitted unless Earth Gold Collection has agreed in writing to the variation.
7.5
Earth Gold Collection reserves the right to withdraw or vary any quotation at any time before the Customer accepts the quotation in writing.
7.6
Earth Gold Collection reserves the right to reasonably vary the price payable for the Products by giving the Customer notice in writing where there has been an increase in the cost of supplying or delivering the Products and/or where any circumstances described in clause 20 of the Terms apply in respect of Products.
8. PAYMENT
8.1
Payments are accepted via debit/credit card and are processed via a secure online payment gateway provided by Yoco. For more information please visit yoco.com.
8.2
Unless Earth Gold Collection otherwise agrees in writing the Customer must pay the full price for the Products and any delivery costs upon placing an order for the Products or upon purchase of the Products in the Store. In any case, Earth Gold Collection must receive payment in full for the Products and delivery costs prior to shipment of the Products or their removal from the Store.
8.3
The Customer must make all payments to Earth Gold Collection without delay, counter-claim, abatement, deduction or set off.
8.4
Without prejudice to Earth Gold Collection other rights and remedies, if any amounts due to Earth Gold Collection are not paid by the Customer by the due date for payment or the Customer breaches any of these Terms, Earth Gold Collection may:
(a) Retain the Products until full payment for the Products has been received;
(b) Suspend or terminate any account the Customer holds with Earth Gold Collection, at which time any amounts the Customer owes to Earth Gold Collection will become due and payable;
(c) Charge the Customer interest, payable on demand, on any overdue amounts at the rate of 12% per annum, calculated daily from the due date for payment until payment is received in full; and (d) Recover from the Customer all costs incurred by Earth Gold Collection arising from any breach of these Terms (including, without limitation, legal costs, service costs and costs of recovering unpaid amounts).
9. SHIPPING POLICY
9.1
Our team endeavours to dispatch the order within 2-5 working days. However, during the particularly busy periods or for our larger more fragile items it may take slightly longer to arrive. If you do need the order in a particular time frame, please feel free to email us when you place the order.
9.2
We send products all over South Africa using ‘signature required’ courier. If you are not at home, the courier company will not leave the parcel at your front door. Please advise us if you would like the parcel left somewhere safe. (e.g. the back door). If you see the box is out of shape, please open parcels to check the items before you sign, and if any damages have occurred during shipping, please take photos for further evidence. If goods are damaged please contact us immediately through carolyn@earthgoldcollection.co.za.
9.3
Pickup is available from our Showroom by prior arrangement. Please contact us directly via carolyn@earthgoldcollection.co.za on this process.
9.4
Damaged goods must be notified within 24 hours. Please keep the original goods packaging if you intend to claim any damage.
10. RISK AND DELIVERY
10.1
Risk passes to the Customer on delivery of the Products or collection of the Products from the Depot.
10.2
Delivery shall be deemed complete when Earth Gold Collection gives possession of the Products directly to the Customer, or possession of the Products is given to a carrier, courier, or other bailee for the purposes of transmission to the Customer.
10.3
The Customer is responsible for insuring all Products from the time of delivery.
10.4
Where Earth Gold Collection has accepted an order, Earth Gold Collection will use its reasonable endeavours to arrange supply to the Customer of the Products by the delivery date agreed in writing between Earth Gold Collection and the Customer or within the estimated delivery time as specified on the Website.
10.5
The Customer shall advise Earth Gold Collection in writing if an order is not received within 7 working days from the date that the order is placed with Earth Gold Collection.
10.6
Earth Gold Collection may, at its discretion, deliver Products by instalments. The Customer must pay for any Products to be delivered or provided by instalments by the due date for payment set out in these Terms regardless of whether or not all the Products have been delivered.
10.7
Earth Gold Collection is not liable to the Customer for any failure to deliver, or for any delay in the delivery of, the Products. Without limiting the foregoing, Earth Gold Collection is not liable for failure to deliver, or for any delay in the delivery of, the Products in the following circumstances:
(a) Where payment for the Products by the Customer has not been received by Earth Gold Collection on the due date for payment; or
(b) Those circumstances described in clause 10 of these Terms.
11. OWNERSHIP RESERVED
11.1 Earth Gold Collection retains ownership of and the legal and equitable title in all Products agreed to be supplied by Earth Gold Collection until the Customer has paid the full price for the Products and any delivery costs and all other amounts owing by the Customer to Earth Gold Collection.
12. RETURNS POLICY
12.1
The Customer will inspect the Products upon delivery and shall within twenty four hours after delivery notify Earth Gold Collection in writing of any alleged defect, shortage in quantity, damage or failure to comply with the description. The Customer shall return the defective Product to Earth Gold Collection at the Customer’s cost.
12.2
If the Customer does not notify Earth Gold Collection within twenty four hours after delivery, then the Customer shall be deemed to have accepted the Products.
12.3
Goods must be returned to our Showroom at Imhoff Farm, Kommetjie, with the original receipt in the original condition including the packaging, within 7 days if applying for a full refund. Freight cost is not refundable. Return freight is at the purchaser’s cost. Goods must be returned in the original condition, including the packaging.
12.4
Where Earth Gold Collection has agreed to replace the Products, the Customer shall pay to Earth Gold Collection the delivery costs required to deliver the replacement Products, unless otherwise agreed by Earth Gold Collection in writing.
12.5
Returns of Products will only be accepted by Earth Gold Collection if:
(a) The Customer has complied with the provisions of clause 12.1 or Earth Gold Collection has agreed in writing to the return of the Products;
(b) The Products are returned at the Customer’s cost within 10 working days of the date of delivery;
(c) The Products are returned with the original invoice/packing slip or the number and date of the invoice or packing slip are enclosed; and
(d) The Products are returned in the condition in which they were delivered, are unused and are in original packaging.
12.6
Earth Gold Collection will not accept returns of Products where Earth Gold Collection has arranged for the Products to be manufactured and supplied to a Customer’s specifications, nor where the Products purchased are furniture items, unless the Products have been determined defective by Earth Gold Collection.
13. PRODUCT WARRANTIES AND EXCLUSIONS
13.1
All of our lamp shades are supplied WITHOUT electrical fittings and it is advised that any electrical installation is carried out by a qualified technician. Equally all of our bathware products are supplied WITHOUT any pipes or fittings and should also be installed by a qualified technician.
13.2
All of our products have a lifetime guarantee on materials and construction. All of our Bathware products are entirely hand made from 100% pure natural copper (aside from tiny traces of nickel and iron in the solder).
13.3
To make a warranty claim please proceed by emailing us at info@earthgoldcollection.co.za and providing us with your receipt number
and the problem with the product. We will then advise you of the next step, depending on the product in question.
13.4
Being a natural elemental metal, copper will always change colour and patina over the years depending on how it is cared for and what other substances it may come into contact with. No liability is taken for the natural changes to the product’s looks.
13.5
Photo colour may vary or distort depending on the computer/device it is being viewed on. All of our products being handcrafted are unique and as such there will be subtle differences between even similar models.
13.6
The measurements supplied for each of our products is approximate and again there may be slight variations from the ‘rough’ dimensions supplied.
13.7
Where the Customer purchases Products for a particular purpose, it is the Customer’s sole responsibility to ensure that the Products will be suitable for the Customer’s purpose, and Earth Gold Collection shall have no liability whatsoever in the event that the Products are not fit for the Customer’s purpose, notwithstanding any statements made to the Customer by Earth Gold Collection or its officers or employees.
14. WEBSITE WARRANTIES AND EXCLUSIONS
14.1
The information provided on the Website, including any suggestions made by Earth Gold Collection regarding the selection or use of a particular Product, is supplied on the condition that the Customer will make their own determination as to the fitness or suitability of such information or Product for their purposes prior to use of the Website or the purchase of any Products.
14.2
Earth Gold Collection makes no warranties or representations about the accuracy or completeness of the Website, its content or the content of any website “hypertext linked” to or from the Website.
15. LIMITATION AND EXCLUSION OF LIABILITY
15.1
Except as provided in the Consumer Guarantees Act 1993 (if applicable) and under these Terms, Earth Gold Collection shall not be liable for:
(a) any loss of any kind whatsoever suffered by the Customer by reason of any breach of any of Earth Gold Collection’s obligations regarding the supply of Products or in contract, tort (including negligence) or otherwise including without limitation any indirect, special or consequential loss or damage of any kind whatsoever including, without limitation, loss of revenue, loss of profits, loss of any contract, failure to realise expected profits or savings and any other commercial or economic loss of any kind that may be suffered by the Customer;
(b) any damage to the Products due to external causes, including accident, abuse, misuse, usage not in accordance with instructions for the Products in any user guide, manual or other directions;
(c) any faults, defects or damages to Products caused by the modifying or adding to Products by the Customer and/or any person or entity;
(d) any damages, losses or liabilities that result from the use of, or inability to use, the Website, including, but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus or line failure or any special or consequential damages that result from the use of, or the inability to use, the Website;
(e) any damages or losses caused by the Customer’s, representatives, employees, agents, customers or any other persons whatsoever (whether similar to the foregoing or not); and
(f) any loss, damage or injury caused to the Customer’s employees, agents, contractors, customers or other persons and the Customer will indemnify Earth Gold Collection against any claim by such persons.
15.2
Earth Gold Collection liability arising out of any claim by the Customer under or in relation to these Terms or otherwise shall not in any event exceed the price invoiced to the Customer for the Products giving rise to the claim or $100, whichever is the lesser amount.
16. CUSTOMER’S LIABILITY AND INDEMNITY
16.1
The Customer warrants that it has the full authority to order or request Earth Gold Collection to deliver the Products and the Customer shall be bound by all such orders and requests. Where the Customer has ordered or requested Products, the Customer indemnifies Earth Gold Collection against any claim by any third party following delivery of the Products by Earth Gold Collection.
16.2
The Customer agrees to protect, indemnify, defend and hold harmless Earth Gold Collection absolutely from and against any and all damages, claims, losses, demands, liabilities (including vicarious liability), injuries, suits, actions, judgements, costs and expenses of any kind whatsoever (including reasonable legal fees and service costs) arising out of or in any way connected with the Customer’s breach of the Terms.
17. INTERNATIONAL SHIPPING, IMPORTATION & LOCAL LAWS
17.1
The Customer agrees to, at all times, comply fully with all relevant laws, ordinances, rules, regulations and orders of all relevant regulatory bodies in the country it resides in.
17.2
The Website is controlled and operated by Earth Gold Collection, from South Africa. Earth Gold Collection makes no representation or warranty that the Website content or Products sold comply with any laws, rules, regulations, procedures codes or governmental directives outside of the jurisdiction of South Africa. Access to the Website or the purchase of the Products from territories where such content or Products are illegal is prohibited.
17.3
If a Customer accesses the Website from outside of South Africa, the Customer is solely responsible for compliance with applicable local laws and agrees to indemnify Earth Gold Collection absolutely in respect of any liability arising for Earth Gold Collection as a result of the Customers noncompliance with any laws, rules, regulations, procedures codes or governmental directives outside of the jurisdiction of South Africa.
17.4
No orders for Products to a delivery address outside of South Africa will be accepted by Earth Gold Collection.
18. INTELLECTUAL PROPERTY
18.1
Unless otherwise specified, Earth Gold Collection is the owner of and possesses all rights in respect of the copyright in, the content appearing on the Website including the text, site design, logos, trade marks, graphics, icons, button icons, audio clips, software and images, as well as the collection, assembly and arrangement of those items.
18.2
The Customer is granted permission to electronically copy and to print hard copy portions of the Website for the sole purpose of using the Website as a resource to acquire further information about the Products. Any other use of the content on the Website (including reproduction for purposes other than that noted above, or any modification, distribution, or republication of any content on the Website) without Earth Gold Collection’s prior written permission is strictly prohibited.
18.3
All rights not expressly granted herein are reserved. Any unauthorised use of the content appearing on the Website may violate copyright, trade mark and other applicable laws and could result in criminal or civil penalties.
18.4
Content from the Website may not be copied, reproduced, distributed, modified, published, uploaded, posted or transmitted in any way without Earth Gold Collection prior written consent.
18.5
Modification, distribution, or use of the content contained in the Website for any purposes other than for the Customer’s personal use directly violates Earth Gold Collection intellectual property rights. The content contained within this site is copyrighted and protected by world-wide copyright laws and treaty provisions (even if it is not stated to be so protected) and is provided for lawful purposes only.
19. Privacy and cookie policy
19.1
In connection with the use of the Website and purchase of the Products, the Customer shall be subject to Earth Gold Collection Privacy Policy.
19.2 This clause 20 provides details about our Privacy and Cookie Policy, which Policy forms part of these Terms. Earth Gold Collection takes your privacy seriously and is committed to protecting your personal information. We use the personal information that we collect from you in accordance with this Privacy and Cookie Policy.
19.3 Personal information when used in this Policy means information that can identify you as an individual or is capable of identifying you. By personal information we don’t mean general, statistical, aggregated or anonymised information.
19.4 Your use of our services signifies your consent to us collecting and using your personal information as specified below.
19.5 How we use your information – We will only collect personal information consistent with the purpose for which it is required. The specific purpose for which the information is collected will be apparent from the context in which the information is requested. The nature of the personal information which will be collected relates to contact details (such as name, address, telephone number and e-mail address). We do not store sensitive data such as your payment method/banking details or credit card information. In providing the personal information to Earth Gold Collection the user acknowledges that the information has been collected directly from them and that the user has consented to its processing by the Earth Gold Collection.
19.6 Where the user is providing another person’s personal information to the Earth Gold Collection, the user acknowledges that it has obtained such person’s consent to processing of their personal information for purposes of the Earth Gold Collection providing the relevant electronic communications services (“Services”).
19.7 Provision of personal information to the Earth Gold Collection is voluntary, and in the event that the requested information is not provided, the Earth Gold Collection may not be able to provide Services. The personal information shall only be used for the purpose for which it was collected, unless the user has agreed to an alternative purpose in writing or as allowed by any applicable law.
19.8 The Earth Gold Collection will only process personal information in a manner that is adequate, relevant and not excessive in the context of the purpose for which it is processed.
19.9 The Earth Gold Collection will take such steps as may be required to ensure that it complies with any law in respect of transfer, storage, security and use of the personal information.
19.10 How long do we keep your information for? The time periods for which we keep your information may vary according to the use or purpose attached to the information. Unless there is a specific legal requirement requiring us to keep your information, however, we will not keep it for longer than necessary for the purpose for which the information was collected or for which it is to be processed.
19.11 When and where do we use cookies? – We allocate cookies during the registration process for our services. These cookies will hold information collected during your registration and will allow us to recognise you as a customer and provide you with the services you require.
19.12 How can you refuse or opt out of cookies? Most browsers are set by default to accept cookies automatically, but usually you can alter the settings of your browser to prevent automatic acceptance and to prompt you every time a cookie is sent to you or to allow you to choose not to receive cookies at all.
19.13 Any information or material sent to Earth Gold Collection will be deemed not to be confidential, unless otherwise agreed in writing by the user and Earth Gold Collection.
20. FORCE MAJEURE
20.1 Earth Gold Collection shall not be liable for any breach under the Terms in the event of force majeure which means any failure or delay in supply or delivery which is caused by strike, industrial dispute, natural disaster, shortage or unavailability of stocks of Products or raw materials, failure of any supplier to supply Products, delay in transit, import restrictions placed on Earth Gold Collection, legislative governmental or other prohibition or restriction placed on Earth Gold Collection, fire, flood, hostilities, commotions or other causes whatsoever (whether similar to the foregoing or not) beyond Earth Gold Collection reasonable control.
21. TERMINATION
21.1
Either party may terminate these Terms with immediate effect if the other party:
(a) Is in breach of these Terms; and/or
(b) Becomes insolvent, fails to pay its debts as they fall due, ceases to carry on business or a resolution is passed or proceedings have commenced to have the party wound up or a receiver, statutory manager, liquidator or any other administrator is appointed in respect of the party or any of its assets.
21.2
Without prejudice to Earth Gold Collection other rights and remedies, in the event of termination of these Terms pursuant to clause 21.1 the Customer shall pay Earth Gold Collection immediately all amounts due and owing by the Customer to Earth Gold Collection.
22. DISPUTE RESOLUTION
22.1
If any dispute arises in connection with these Terms, the parties shall within 5 working days of a written request from one party to the other, meet in a good faith effort to resolve the dispute.
22.2
If the dispute is not resolved at that meeting, the parties will attempt to settle it by mediation. To initiate the mediation a party must give notice in writing (“ADR notice”) to the other party to the dispute requesting mediation. The mediation will start not later than 20 working days after the date of the ADR notice.
22.3
No party may commence any court proceedings in relation to any dispute arising out of these Terms until it has attempted to settle the dispute by mediation and either the mediation has terminated or the other party has failed to participate in the mediation.
22.4
Nothing in this clause will prevent a party from obtaining urgent interlocutory relief in respect of a breach or suspected breach of these Terms.
23. GENERAL
23.1
The Terms shall be governed by and construed in accordance with the laws of South Africa and the parties submit to the exclusive jurisdiction of the South African Courts.
23.2
Except where otherwise agreed in writing, the Terms set out the entire agreement and understanding between the parties in relation to the subject matter of the Terms and merges all prior discussions between them and neither of the parties will be bound by any conditions, warranties or representations regarding the subject matter of the Terms other than as expressly provided in the Terms.
23.3
Where there is any conflict, apparent conflict or ambiguity between these Terms and any of the policies referenced in these Terms, these Terms shall take precedence.
23.4
Notices in writing must be addressed to the other party and delivered by hand or by receipted delivery system.
23.5
Any waiver or failure to execute any rights by Earth Gold Collection shall not be deemed to be a waiver of any further or other right of Earth Gold Collection in respect of the Customer. No waiver is effective unless it is in writing.
23.6
No party may assign its rights or obligations under these Terms without the other party’s consent.
23.7
The headings to the clauses of these Terms are for ease of reference only and will not affect the interpretation or construction of these Terms.
23.8
Each and every covenant, obligation or restriction in the Terms and each part of them is deemed a severable and independent covenant, obligation and restriction. In the event of the invalidity of any covenant, obligation and restriction of the Terms such invalidity will not affect the enforceability of any other covenant, obligation and restriction of the Terms.