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Terms & Conditions

APPLICABLE TO THE USE OF THE RAFAELA LEAH WEBSITE

  1. Introduction
    1. Please read these terms of use carefully. Your using this website assumes your acceptance of the said terms of use.
    2. These Website Terms and Conditions (“Terms and Conditions”) govern your use of the RAFAELA LEAH website (hereafter referred to as the ‘website’). RAFAELA LEAH reserves the right to amend these Terms and Conditions of use or any policy or guideline on the website at any time, without notice and at our discretion. Please review this page and any other applicable policies from time to time for updates of these terms of use. If you access or use the website in any way after the terms of use have been changed, your further acceptance of these terms of use will be assumed.
    3. This website can be accessed at www.rafaelaleah.com and other related mobi sites.
    4. These Terms and Conditions govern the ordering, sale and delivery of Goods, and the use of the Website.
    5. These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”). By using the Website and by clicking on the “Register Now” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
    6. The Website enables you to shop online for a range of Jewellery Goods (“Goods”). Goods refers to pieces made from Sterling Silver 925, the highest standard of plating for our Yellow and Rose Gold items and we source superior quality cubic zirconia and or semi-precious stones for our glittering pieces.
    7. We Reserve the right to refuse service to anyone for any reason at anytime
    8. IF YOU DO NOT ACCEPT THESE TERMS OF USE PLEASE DO NOT CONTINUE USING THIS WEBSITE
       
  2. Information about RAFAELA LEAH
    1. C- Below the line Marketing CC trading as RAFAELA LEAH, is a Close Corporation registered in South Africa with the Companies and Intellectual Property Commission (“CIPC”). RAFAELA LEAH is an online Jewellery store that provides a range of Goods crafted from premium materials. Our registration and contact details are as follows:
      • Close Corporation registration number : 2008/010178/23
      • Value Added Tax number : 4910243999
      • Contact details – enquiry@rafaelaleah.com
  3. Returns
    1. Please refer to our Returns Policy for more information about returning products (and related refunds, replacements or repairs).  The Returns Policy is incorporated by reference (which means that it forms part of these Terms and Conditions).
  4. Registration and use of the website
    1. Only registered users may order Goods on the Website.
    2. To register as a user, you must provide a unique username and password and provide certain information and personal details to RAFAELA LEAH. You will need to use your unique username and password to access the Website in order to purchase Goods.
    3. You agree and warrant that your username and password shall:
      • be used for personal use only; and
      • not be disclosed by you to any third party.
    4. For security purposes you agree to enter the correct username and password whenever ordering Goods, failing which you will be denied access.
    5. You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms and Conditions.
    6. You agree to notify RAFAELA LEAH immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
    7. By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.
    8. You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
    9. You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of RAFAELA LEAH.
  5. Conclusion of sales, delivery and availability of stock
    1. Registered users may place orders for Goods, which RAFAELA LEAH may accept or reject. Whether or not RAFAELA LEAH accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation the price) and receipt of payment.
    2. RAFAELA LEAH will indicate the acceptance of your order by delivering the Goods and only at that point will an agreement of sale between you and RAFAELA LEAH come into effect (the “Sale”). This is regardless of any communication from RAFAELA LEAH stating that your order or payment has been confirmed. RAFAELA LEAH will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
    3. Prior to delivery you may cancel an order at any time provided you do so before receiving a confirmation of delivery from our courier company. After delivery of the Goods, you may return the Goods only in accordance with our Returns Policy.
    4. Subject to availability and receipt of payment, orders will endeavoured to be processed within 24 hours and delivery confirmed by way of e-mail.
    5. We aim to dispatch all orders within 1-2 working days of you concluding your online purchase.
    6. All orders are dispatched through our next day service and may arrive within 1-3 days (from Main Centres within South Africa. Deliveries to outlying areas may take longer) after having been dispatched.
    7. Our delivery charges are subject to change at any time, without prior notice to you. You will see the applicable delivery charges in your cart when you check out.
    8. If any goods cannot be delivered within the proposed delivery timeframe we will inform you of the reason for the delay along with the revised delivery date. Customers can track their parcels progress directly with the courier company.
    9. If an order is returned to us due to the courier service not being able the delivery for any reason, the customer will be responsible for the repeat delivery costs.
    10. Placing Goods in our shopping basket without completing the purchase cycle does not constitute an order for such Goods, and as such, Goods may be removed from the shopping basket if stock is no longer available or the price thereof might change without notice to you. You cannot hold RAFAELA LEAH liable if such Goods are not available or are not available at the particular price when you complete or attempt to complete the purchase cycle at a later stage.
    11. You acknowledge that stock of all Goods on offer is limited and that pricing may change at any time without notice to you. RAFAELA LEAH will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When Goods are no longer available after you have placed an order, RAFAELA LEAH will notify you and you will be entitled to a refund of any amount already paid by you for such Goods. 
    12. Goods may not be purchased for re-sale. Should we suspect that any such Goods are being purchased for sale, we are entitled to cancel your order immediately on notice to you.
  6. Packaging
    1. All our goods are packaged in a branded Rafaela Leah gift box and accompanied with a care instruction information card. A branded gift bag is available as an optional purchase. You will see the applicable charges for the gift bag when you check out.
  7. Payment
    1. We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
    2. Payment can be made for Goods via -
      • Debit card;
      • Credit card:. We only accept Visa and Mastercard credit cards. You warrant that you are fully authorised to use the credit card supplied for purposes of paying for the Goods. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;
      • Instant EFT;
      • Additional payment options may be added later
    3. You may contact us on accounts@rafaelaleah.com to obtain a full record of your payment. We will also send you email communications about your order and payment.
    4. Once you have selected your payment method save for direct bank deposit, you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.
    5. RAFAELA LEAH uses Payfast as their approved payment gateway. Payfast uses the most stringent form of encryption and no credit card details are stored on this website. Users may go to www.payfast.co.za to view Payfast’s security certificate and security policies.
  8. Modifications to product prices and services
    1. Prices for our products are subject to change without notice.
    2. We reserve the right at any time to modify or discontinue the service (or any part or content thereof) without notice at any time.
    3. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the service.
  1. Products
    1. All our products are available on online through the website. These products may have limited quantities and are subject to return or exchange subject only according to our returns policy.
    2. We have made every effort to display as accurately as possible the colours and images of our goods on our website. Some goods may present differently on screen than they do physically. These variations may include them appearing smaller or larger than their actual size or their colours presenting differently on screen. This is due to the fact that computer monitors are set differently from user to user and therefore RAFAELA LEAH cannot be held responsible for these perceived variations
  2. Errors
    1. We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. However, should there be any errors of whatsoever nature on the Website (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 purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy. 
  3. Privacy Policy
    1. The importance of the privacy of an individual is recognized and valued by RAFAELA LEAH. Your submission of personal information through this website is governed by our privacy policy. To view our privacy policy click here.
  4. Changes to these Terms and Conditions
    1. RAFAELA LEAH may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website.
    2. Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.
  5. Electronic communications
    1. When you visit the Website or send emails to us, you consent to receiving communications from us electronically in accordance with our privacy policy as set out in our privacy policy contained on this website. To view our privacy policy click here.
  6. Ownership and copyright
    1. The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of RAFAELA LEAH.
    2. You will not acquire any right, title or interest in or to the Website or the Website Content.
    3. Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law. To obtain permissions for the commercial use of any Website Content contact us on enquiry@rafaelaleah.com
  7. Disclaimer
    1. The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.
    2. Whilst RAFAELA LEAH takes reasonable measures to ensure that the content of the Website is accurate and complete, RAFAELA LEAH makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website
    3. RAFAELA LEAH disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.
    4. All goods sold via the Website and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
    5. Any views or statements made or expressed on the Website are not necessarily the views of RAFAELA LEAH, its directors, employees and/or agents.
    6. In addition to the disclaimers contained elsewhere in these Terms and Conditions, RAFAELA LEAH also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of RAFAELA LEAH, its employees, agents or authorised representatives. RAFAELA LEAH thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.
  8. Linking to third party websites
    1. This Website may contain links or references to other websites (“Third Party Websites”) which are outside of our control, including those of advertisers and payment gateway providers. These Terms and Conditions do not apply to those Third Party Websites and RAFAELA LEAH is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.
    2. Notwithstanding the fact that the Website may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon.
  9. Limitation of liability
    1. RAFAELA LEAH cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of RAFAELA LEAH, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by emailing us on enquiry@rafaelaleah.com
    2. RAFAELA LEAH SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, THE WEBSITE OR THE CONTENT CONTAINED IN THE WEBSITE; OR YOUR INABILITY TO USE THE WEBSITE, AND/OR UNLAWFUL ACTIVITY ON THE WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
    3. YOU HEREBY INDEMNIFY RL AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
  10. Availability and termination
    1. We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.
    2. RAFAELA LEAH may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that RAFAELA LEAH will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time, to the extent possible.
    3. If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Goods, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.
    4. RAFAELA LEAH is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website and/or have created multiple user profiles to take advantage of a promotion or discounted prices intended by RAFAELA LEAH to be used once-off by you, to blacklist you on its database (including suspending or terminating your access to the Website), refuse to accept or process payment on any order, and/or to cancel any order concluded between you and RAFAELA LEAH, in whole or in part, on notice to you. RAFAELA LEAH shall only be liable to refund monies already paid by you (see RAFAELA LEAH Returns Policy in this regard), and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.
    5. At any time, you can choose to stop using the Website, with or without notice to RAFAELA LEAH.
  11. Governing law and jurisdiction 
    1. These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
    2. In the event of any dispute arising between you and RAFAELA LEAH, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Western Cape Division, Cape Town) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.