These general terms and conditions apply to all orders through www.marduett-elegance.com (“the Website”). Please read these General Terms and Conditions carefully before ordering products from this Website. By ordering our products, you indicate that you consent to the conditions below and state that you are competent to enter into legally-binding contracts and are at least 18 years old. We recognise rules that differ from these General Terms and Conditions only if they are confirmed by us in writing. That also applies to a deviation from this clause requiring written documents.
This Website for selling goods over the Internet is run by Marduett Elegance (PTY) Ltd., 99B Paddock Road, Atholl Ext 6, Johannesburg, Gauteng 2196, South Afica. This is where you can place complaints or assert statutory warranty claims. You can reach us on any issues at: firstname.lastname@example.org
Your orders on the Website are binding offers for entering into the associated contracts to purchase with Marduett Elegance (PTY) Ltd. We are free to either accept these offers within 14 days of receipt or to reject them by sending you a statement to that effect. There is no binding contract to purchase formed until we have accepted your order. This acceptance is indicated by the shipment of the goods ordered.
You indicate that you expressly agree to have your credit rating checked by inquiries to the officially-authorised credit protection associations, credit institutions and credit inquiry agencies. We reserve the right to refuse to accept the order if we receive a negative credit report. In addition, we reserve the right to reject orders from customers if there is reason to believe that the customer is acting in contravention of the General Terms and Conditions, is involved in fraudulent activities or other activities of importance from a criminal law standpoint or any other material reason exists.
Products and prices are as shown on the Website; products are available as long as they are in stock. We reserve the right to change the products offered on the Website at any time without notice and to limit the number of items that may be purchased by a visitor.
There is no liability for lack of items in stock or for products not being available.
Any commercial resale or distribution of Marduett Elegance products sold on the Website is strictly prohibited.
Marduett Elegance reserves the right to limit the number of products (or the number of a particular SKU) that may be sold to a customer.
Marduett Elegance reserves the right to reject orders from customers if there is reasonable belief that customer is in violation of these Terms and Conditions, or if customer is engaging in fraudulent or other criminal activities.
Please note that after your order is confirmed, no requests to change or cancel it can be considered.
If the goods ordered cannot be delivered within 30 days following the day after your order, we may withdraw from the contract, even if we previously confirmed that we were entering into it. If we withdraw, you will be informed that the goods are not available and you will be reimbursed immediately for the consideration you have already provided.
The total price of your order, including all ancillary and shipping costs, was indicated on the previous page or will be shown at the end of the checkout process. By confirming the order, you state that you agree to the price for the goods. The price cannot be adjusted after the completion of the checkout process.
Marduett Elegance products are sold by Marduett Elegance (PTY) Ltd., which has its headquarter in South Africa. We would like to point out that for foreign payments using credit cards, a foreign transaction fee (about 1-2%) may be charged by the institution that issued your credit card.
The purchase price for goods ordered is due when you place your order through Marduett Elegance Online. Payment may be by MasterCard and Visa credit cards, Instant EFT (FNB, ABSA, Standard Bank, Nedbank, Capitec Bank, Investec), Masterpass and credit facility mobicred. You may settle our claims for payment only by using uncontested or final and unappealable receivables.
If you pay through our PayFast payment gateway, we reserve the right to check the validity of the card and to monitor the availability parameters for collection and the address data. If the institution that issued the payment method refuses to make payment to us, we are not liable for delays or for failure to deliver.
For special orders (e.g. high order amount, Limited Editions) Marduett Elegance (PTY) Ltd. offers the possibility to pay via prepayment. Your order will be processed upon receipt of your payment into our bank account. The amount is due for payment immediately.
Please transfer the amount to the account listed in the checkout process using your order number as payment reference. Please note that your bank may charge additional costs for international bank transfers.
If the payment amount is not transferred to our bank account within 7 banking days after receiving the order confirmation, Marduett Elegance (PTY) Ltd. has the right to cancel your order.
An invoice will also be sent with your parcel. Prepayment is not available for Electronic Gift Cards.
The goods ordered are normally delivered to the delivery address you provide by our contracted delivery service within 1-5 working days after the working day following your order. You can find our holidays, on which no orders are processed, in our Online Shop Assistant. If you so request, we will make efforts to deliver the goods at a specific time, but generally cannot make binding promises to do so. Until the purchase price is paid in its entirety, the goods remain our property.
Upon receipt the shipment must be checked for accuracy and completeness.
As a consumer, you may cancel your order without indicating any reasons within 30 days after receipt of the goods, thereby withdrawing from the contract. The 30-day period starts on the day after you receive the goods. If you exercise this right in a timely fashion, you are no longer bound by your order. Customised products are excluded from the right to withdraw.
All returned items must be unused, in new condition. No returns on products which have been worn and/or show any signs of use. All returned items must be in their original unaltered packaging and must include all packing material and the product card. Proof of purchase from Marduett Elegance (PTY) Ltd. must be included. Refunds on returned items will be issued in a voucher.
Vouchers and customised products can generally not be replaced or returned.
If there is a defect in the goods delivered, you may at your option demand that the contract be revoked or — if the goods are still deliverable — that they be replaced with the same type of good without any defects. No independent guarantee is provided in addition to that.
Receipt or proof of purchase from Marduett Elegance (PTY) Ltd. must be included. Repairs may take 5 to 7 weeks to be returned. Repairs are not valid if your piece has been repaired or had workmanship done outside by other jewelers or parties other than Marduett Elegance (PTY) Ltd. Repairs covered by our Warrantee include damage due to defects in workmanship.
The warranty period is 6 months from the time the goods are received.
If one of the provisions of these General Terms and Conditions is or becomes invalid or unenforceable, that will not affect the effect of the other provisions.
You may assign your rights under this contract to third parties only with the consent of Marduett Elegance (PTY) Ltd.
Contracts entered into under these General Terms and Conditions are subject to South African law to the exclusion of any referrals to foreign law. The United Nations Convention on Contracts for the International Sale of Goods does not apply. This choice of law only applies to the extent that there are no pre-emptive provisions of the law of the state in which the consumer has his usual residence prohibiting it. Johannesburg is the exclusive venue for all disputes that may arise from or in connection with these General Terms and Conditions. Marduett Elegance (PTY) Ltd. is also authorised to sue at the customer’s location.