Terms and Conditions For Client Supplied Stones & Jewellery
Last updated: September 29, 2023
WHEREAS, These General Terms and Conditions (“Terms”) govern the provision of bespoke jewelry design and curation services by Sir George Jewellery (Pty) Ltd, herein referred to as “Sir George.” By engaging with Sir George and utilizing our services, you acknowledge that you have read, understood, and agreed to these Terms in their entirety.
WHEREAS, Sir George is a renowned provider of bespoke jewellery, dedicated to creating exquisite pieces that reflect the unique tastes and desires of its clients. With a commitment to quality craftsmanship, attention to detail, and personalized service, Sir George strives to exceed client expectations and deliver exceptional creations that stand the test of time.
WHEREAS, Sir George values its clients and seeks to ensure their utmost satisfaction. While every effort is made to provide accurate information, transparent pricing, and reliable timelines, clients understand that the bespoke nature of the services offered, entails certain inherent uncertainties. Variations in materials, artistic interpretation, and unforeseen circumstances may impact the final outcome. However, Sir George is committed to maintaining open communication and working collaboratively with clients to address any concerns and achieve the desired result.
WHEREAS, Sir George welcomes clients who appreciate the artistry and dedication that go into creating bespoke jewellery. It is with great pleasure that Sir George embarks on this creative journey, aiming to surpass expectations and bring clients’ visions to life through exceptional designs and enduring craftsmanship.
1. Interpretation and DefinitionsIn these Terms–
In these Terms– 1.1 Clause headings are for convenience and shall not be used in its interpretation; 1.2 The following words and expressions bear the meanings assigned to them below and cognate words and expressions bear corresponding meanings: "Client" refers to any individual or entity engaging with the services provided by Sir George. "Sir George" refers to Sir George Jewellery (Pty) Ltd, a bespoke jewellery designer and curator in South Africa. “Stones” refers to any natural cut diamond/s, gemstones, lab grown diamond/s and gemstone/s, moissanite/s and morganite/s etc. 1.3 Where any term is defined within the context of any particular clause in these Terms, unless it is clear from the clause in question that the term so defined has limited application to the relevant clause, shall the meaning so ascribed shall apply generally and for all purposes in these Terms, notwithstanding that that term has not been defined in the definition clause.
2. Purpose of the terms and conditions2.1 The purpose of these Terms, is to establish a mutual understanding between Sir George and its clients, outlining the rights, responsibilities, and limitations that govern the relationship during the design, production, and delivery of bespoke and curated jewellery piece/s. By agreeing to these terms and conditions, clients demonstrate their acceptance of the processes, procedures, and policies established by Sir George.
2.2 These Terms also emphasize the importance of respecting intellectual property rights, confidentiality, and the ethical sourcing of materials. Sir George upholds the highest standards of professionalism, integrity, and craftsmanship, and expects clients to comply with these principles.
2.3 By engaging with Sir George, clients acknowledge that these Terms constitute the entire agreement between both parties, superseding any previous agreements or understandings, whether written or oral. Any modifications or waivers of these Terms must be agreed upon in writing by both parties.
3. Services Offered3.1. Sir George offers bespoke jewellery design and curation services.
3.2. The services may include but are not limited to design consultations, sourcing of materials, crafting and manufacturing, and after-sales support.
4. Design Process4.1. The design process begins with a consultation to discuss the client's preferences, ideas, and requirements.
4.2. Sir George will create design concepts based on the consultation and present them to the client for review and approval.
4.3. The client understands that the final product may vary slightly from the initial design concept due to practical limitations, availability of materials, or artistic discretion.
5.Pricing Payment5.1. The pricing for Sir George's services and products will be communicated to the client during the consultation or in writing, through a separate quotation.
5.2. All prices are quoted in South African Rand (ZAR) and are inclusive of applicable taxes, unless stated otherwise.
5.3 A deposit, and/or in some instances full payment, as determined by Sir George, shall be payable by the client before the commencement of any design work.
5.4 No design, whether customized or not, shall be provided to the client until a deposit, and/or in some instances full payment, as determined by Sir George, has been paid.
5.5 Payment terms, including, milestones and final payment, as determined by Sir George, shall be specified in a separate agreement or invoice.
5.6 Full payment for the commissioned jewellery piece/s shall be made upon completion and prior to delivery.
6. Materials & Craftmenship6.1. Sir George is committed to using high-quality, ethically and legally sourced materials and skilled craftsmanship in the creation of bespoke jewellery.
6.2 The client acknowledges that natural diamonds, lab grown stones, moissanites, gemstones, and precious metals may have inherent variations in color, texture, and characteristics, which contribute to their unique beauty and charm.
6.3 Sir George will exercise professional judgment in selecting materials and executing craftsmanship, striving for the best possible result. 6.4 Only upon request, Sir George shall provide the client with the necessary valuation certificates for commissioned jewellery piece/s. In the event that a client has provided their own sourced stones and requires a valuation, Sir George shall provide such valuation, at a cost to the client.
7. Client Supplied Jewellery & Stones7.1 Sir George acknowledges that the client may supply stones and jewellery for use in the creation of bespoke designs or for any other services. However, Sir George accepts no responsibility for the sourcing, origin, authenticity, quality, or legality of the client supplied Stone/s and jewellery.
7.2 Sir George accepts no responsibility or liability for any Stone/s or jewellery supplied by the client for customization, repair, or any other services.
7.3 The client acknowledges and confirms that the Stone/s and jewellery supplied comply with all ethical and legal requirements of South African Law, including those related to conflict diamonds and other regulatory standards. It is the responsibility of the client to ensure the compliance of the supplied Stone/s with ethical and legal requirements as per South African Law.
7.4 The client assumes all risks associated with the client supplied Stone/s and jewellery, including but not limited to any loss, damage, theft, or legal issues arising from the use or possession of such items.
7.5 The client assumes all risks associated with the use, condition, and authenticity of the supplied Stone/s and jewellery.
8. Sourcing Responsibility8.1 Should the client, elect to source its own materials for a custom design, then the responsibility for sourcing Stones, or any other materials required for custom designs shall lie solely with the client.
8.2 Sir George shall not be held liable for any issues arising from the quality, authenticity, or availability of materials sourced by the client.
9. Verification of Client Supplied Stones & Jewellery9.1 The client acknowledges that the verification of the supplied Stone/s’ and jewellery’s quality, authenticity, and compliance with South African Law is their sole responsibility.
9.2 Sir George shall not be held responsible for any inaccuracies or inconsistencies in the verification process performed by the client.
9.3 In the event that the client requests the valuation of such Stone/s or jewellery, Sir George reserves the right to accept such request, however the valuation shall be at the cost of the client.
10. Professional Assesment10.1 Sir George may provide professional assessment, advice, or opinion regarding the client supplied Stone/s and jewellery. However, any such assessment or advice is provided on an "as-is" basis, and Sir George shall not be held liable for any loss, damage, or consequences resulting from the reliance on such assessment or advice.
11.Ownership & Intellectual Property11.1 The client acknowledges that all designs, sketches, images, and intellectual property created and/ or provided by Sir George, whether provided to the client or not, shall remain the exclusive property of Sir George.
11.2. The client is granted a non-exclusive, non-transferable license to use the commissioned jewellery piece/s for personal purposes.
11.3 The client shall not reproduce, distribute, or use any designs or intellectual property without the express written consent of Sir George.
12. Limited Liability & Durability12.1 Sir George's liability is limited to the extent permitted by applicable law.
12.2 In no event shall Sir George be liable for any direct, indirect, incidental, special, consequential, or exemplary damages arising out of or in connection with the use or inability to use its services or products, or the durability, performance and longevity of stones and metals used in the creation of jewellery, or any services provided by Sir George.
12.3 In no event shall Sir George's total liability exceed the amount paid by the client for the specific jewellery piece/s or service.
12.4 Any warranty or guarantee provided by Sir George is subject to the limitations and exclusions outlined in these Terms.
13. Warranty Against Losses, Damages & Repairs13.1. Sir George shall exercise reasonable care in handling and working with the client supplied Stone/s and jewellery. However, Sir George does not assume any liability for any loss, damage, theft, or destruction of client supplied Stone/s or jewellery while in its possession or during the process of creating bespoke designs or providing any other services.
13.2 The client is responsible for obtaining insurance coverage for any potential losses or damages to the client supplied Stone/s or jewellery, and it is recommended that the client maintains appropriate insurance coverage for the duration of the services provided by Sir George.
13.3 Sir George offers a warranty against manufacturing defects for a period of 6 (six) months from the date of delivery.
13.4 The warranty does not cover damages resulting from accidents, misuse, or normal wear and tear.
13.5 Any repairs or alterations required due to reasons other than manufacturing defects may incur additional charges, as determined by Sir George.
14. Client Responsibilities14.1 The client shall provide accurate and complete information regarding their jewellery requirements, preferences, and specifications.
14.2. The client shall cooperate and actively participate in the design process, providing timely feedback and approvals when required.
15. Delivery & Shipping15.1. Delivery times will be estimated and communicated to the client based on the complexity of the design, availability of materials, and current workload.
15.2 Sir George shall make reasonable efforts to deliver the commissioned jewellery piece/s within the agreed timeframe but does not guarantee specific delivery dates.
15.3. Delivery charges, if applicable, shall be communicated to the client.
15.4 Shipping costs, insurance, and any applicable customs duties or taxes for domestic and international shipments are the responsibility of the client, unless otherwise agreed upon.
15.5. Sir George shall not be held liable for any delays or damages occurring during the shipping process.
16. Returns, Exchanges & Refunds16.1. Due to the bespoke nature of the products, returns, exchanges, and refunds are generally not accepted unless there is a defect in craftsmanship or materials and the same can be determined as such defect.
16.2. In case of a defect, the client must notify Sir George within 7 (seven) days of receiving the product and provide supporting evidence of such alleged defect.
16.3. Sir George reserves the right to assess and determine whether the defect is covered under warranty and to provide a suitable remedy, which may include repair, replacement, or refund.
17. Confidentiality17.1. Sir George shall treat all client information and design details as confidential and will not disclose them to third parties without the client's consent, except as required by law.
17.2 Sir George agrees to adhere to all regulations imposed on it in terms of the Protection of Personal Information Act (“POPIA”).
18. Governing Law & Jurisdiction18.1. These Terms shall be governed by and construed in accordance with the laws of South Africa.
18.2. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of South Africa.
19. Acceptance of Terms & Conditions19.1. By engaging with Sir George, the client agrees to be bound by these Terms.
19.2. These Terms constitute the entire agreement between the client and Sir George regarding the subject matter herein and supersedes all prior or contemporaneous agreements, understandings, and negotiations, whether oral or written.
19.3 Please note that these Terms are provided as a general template and may need to be customized to fit the specific requirements and circumstances of Sir George.