Terms of service
TERMS AND CONDITIONS OF ACCESS, SALE AND SERVICE
1. Introduction:
1.1 This website is operated by Miekeraai Proprietary Limited, Registration No. 2020/034671/07 (“Miekeraai”), a separate entity and any reference to “we”, “us” and “our” refers to Miekeraai.
1.2 These terms and conditions (“T&C’s”) govern your use of the Miekeraai website (“website”) with your registration and/or access to this website constituting your acceptance of the T&C’s and our policies.
1.3 Any person gaining access/viewing this website (“users”/“you”) warrant that they are legally permitted to gain access/view this website and concedes to the T&C’s, whether or not you are a customer or a browser.
1.4 Users shall at their own risk and at their own cost, gain access to the website.
1.5 Any additions/amendments to this website shall be governed by these T&C’s.
1.6 We provide no guarantee, unless herein specifically recorded.
1.7 Products presented by us for sale may be jewellery items, with metal fittings. Not all products are hypo-allergenic. You accept the responsibility to not acquire any products that you may be allergic to, including metal allergies.
1.8 Our online store is hosted by Shopify Inc (an online e-commerce platform) for the sale of our products.
2. This website, including any content, software, icons, text, graphics, lay-outs, images, sound clips, trade names, logos, trademarks and service marks are protected by law, including but not limited to Intellectual Property (“IP”), all of which are owned by or licensed to Miekeraai.
2.1 Users shall not be entitled to illegally copy, use, alter, modify, impair, interfere or attempt to interfere with this website and/or to, damage, destroy, erase our files, data or other information stored on our website, impair the electronic communications to or from, or obstruct our website, collect information about users, trades listed, distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful or in the event of a minor, engage in activities, including buying or selling any products, without the express consent of a legal guardian.
2.2 No license or right in and to content on our website is granted, conferred or licensed to you. Any unauthorised use, distribution or reproduction of the said content is prohibited.
2.3 Any and all copyright subsisting in this website, including these T&C’s, vests in Miekeraai and all rights not expressly granted are reserved.
2.4 All the content or trademarks and data on this website, including but not limited to software, data basis, text, graphics, icons, hyperlinks, private information, designs and agreements are protected.
2.5 Hyperlinks provided on this website express the viewpoint of such providers. This website may contain links to other websites, to which these T&C’s do not apply. We accept no responsibility for the content, practices and/or privacy policies of those websites or the cookies that those websites may use. Access to any other websites is entirely at the user’s risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from the user’s use of such third party websites or the user’s reliance on any information contained thereon.
3. You may be redirected from our website and/or offered links to other sites, which you will also access and/or use at your own peril, without us having the responsibility to examine or evaluate content or accuracy.
3.1 Content available on this website are protected by legislation, none of which may be infringed upon.
3.2 Technology applied in this website may not be used without the prior written consent of Miekeraai.
3.3 Users may not perform illegal activities with any content accessed.
3.4 Users shall at all times remain responsible to update their technology to facilitate access to the website and Miekeraai provides no guarantee for user access to the website.
3.5 You may have access to our website through or to third party software and/or tools, over which we have no control, with your use in respect thereof as presented, with us not providing any warranty or making any representation in respect thereof (including that we do not endorse same).
3.6 We therefore accept no liability arising out of or relating to your use of optional third party software and/or tools.
3.7 Any use of third party or optional tools, are at your own risk and discretion and should you ensure that you are familiar with and approve the basis for the provision of such tools.
3.8 This includes any new features, services or tools accessed to through our website.
3.9 We do not accept any responsibility for any errors or omissions on this website and accepts no responsibility for any viruses, spyware, malware or any adverse action that may have a negative impact on the operation of the users and content providers’ hardware or software.
3.10 Users undertake not to reproduce, print or manufacture or cause to be produced, printed or manufactured in whole or apart products, literature or sales aids and agree not to use the Miekeraai trade name or that of their content providers, except as provided for in these T&C’s.
4. Users registering, concede to receiving electronic communication from us.
4.1 Content published (which may include products/product specials) on our website is subject to availability.
4.2 Product prices will be in S A Rand and subject to price increases, in the sole discretion of Miekeraai.
5. Users agree that Miekeraai will not be liable to any user for any loss, claim, damage, expense (directly/indirectly/consequential) however arising and users indemnify and exonerate us against any damages suffered, whether actual or contingent.
6. Users gaining access to this website may be required to submit personal information, which includes, but is not limited to (in our sole discretion) his/her name and surname, gender, birth date, type of residence and e-mail address. Users will provide correct and accurate information, not impersonate or misrepresent any person or entity or provide false information. Users must regularly update information provided. We may, without an obligation to provide a reason, deny access to the website. We may inform users of new features, special offers and promotional information. We may gather statistical information.
6.1 We may collect information received from a user, which information will be removed from our database upon a user in writing directing such a request. The user permits us to collect personal information and without limitation promote and supply the user with content and online services. We may retain records of access to the website and purchases of content made through the website and utilise same in our sole discretion.
6.2 This website may make use of "cookies" to automatically collect information and data through the operation of the internet servers, which the user may elect not to apply. The user accepts that if a user disables cookies on its browser, that certain features and access to the website will therefore be limited. The user is hereby advised and hereby concedes that cookies may be stored on your personal computer or device through which access is gained to the website. These cookies are used to store the software and password so that you don’t need to type these in every time you log into the website, thus saving time while on our websites. If you reject these cookies you may still browse the website but to log in and to transact on the website, the cookies are required to be turned on.
7. We reserve the right to update and/or amend the T&C’s from time to time and without any notice, and all users are accordingly encouraged to check the website regularly. Any such change will only apply to the use of this website after the change is displayed on this website. By using this website after such updated or amended T&C’s have been displayed on this website, a user will be deemed to have accepted such updates or amendments. To the extent that you are not satisfied with the changes effected, you must refrain from using the website or purchasing any content and de-register from the use of the website.
8. We will use our reasonable endeavours to maintain the availability of the website and reserve the right to discontinue providing the website or any part thereof with or without notice to users. We may in our sole discretion terminate, suspend and modify this website, with or without notice to users. Users agree that Miekeraai will not be liable to users in the event that it chooses to suspend, modify or terminate this website.
9. Minor users may only gain access to this website with the consent of their legal guardians. Users registering on this website warrant that they are at least 18 years of age and are of full legal capacity and capable of agreeing to these T&C’s. Users, by registering on this website indemnify Miekeraai from any liability in this regard, including any liability arising as a result of your failure to provide accurate information when completing the website registration process or otherwise.
10. If a user breaches any of these T&C’s and fails to remedy such breach forthwith against receipt of notice to remedy the breach, we shall be entitled to claim specific performance or cancel a user subscription forthwith and recover from the user any amounts outstanding or damages suffered.
11. Users may not cede, assign or transfer their rights and obligations recorded in these T&C’s to any third party.
12. If any T&C’s contained herein is declared invalid, the remaining T&C’s will remain in full force and effect. No variation, addition, deletion, or agreed cancellation of these T&C’s will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto. No indulgence, extension of time, relaxation or latitude which any party may show or allow to the other shall constitute a waiver by that party of any of its rights and shall it not be prejudiced or stopped from exercising any of its rights against the other party.
13. Users accept, by registering on this website and each time users purchase content, that no representation is made or warranties implied that content or technology available through this website are free from any errors or omissions that may arise at any time and/or that the use of the website will be interrupted. Users are however encouraged to report any possible malfunctions and errors via e-mail to Miekeraai.
14. All payments through this website will be facilitated through Yoco, with users obliged to register with Yoco prior to placing an order.
14.1 We reserve the right to include any other electronic payment format to facilitate publishing of content.
14.2 Users are responsible to register with Yoco and insure correct information supplied.
14.3 Users are responsible to obtain the correct bank details of Miekeraai, as failure for any payment to reflect in Miekeraai’s bank account, shall not constitute a valid transaction.
14.4 To the extent that we may at any time elect to make use of any other electronic payment system, same may be attended to and/or implemented without any consent of any user to this website.
14.5 We do not accept any responsibility of whatsoever nature in respect of users’ personal banking, any other person gaining any access to users’ personal banking and/or any access to personal information.
14.6 Users are responsible to hold their personal- and electronic payment details (including Yoco account) safe and secure, free from any defects and/or viruses and accordingly indemnify us against any liability of whatsoever nature in respect of damage that users may suffer as a result of electronic payment systems.
15. User complaints should be addressed to Miekeraai.
16. We, in our sole discretion, retain the right to deny any user access to this website. Access denial may be implemented forthwith, without the obligation to provide the user any reasons for this denial.
17. In the event that we take legal action against a user, the user hereby concedes to pay legal costs on a scale as between attorney and client.
18. Should any of these T&C’s be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof.
19. These T&C’s shall be governed and interpreted in accordance with the laws of the Republic of South Africa.
19.1 All information and material contained on this website have been prepared in accordance with the Laws of the Republic of South Africa and may not comply with certain laws of any other country.
19.2 We make no representation that any information/content contained on this website complies with the laws of any other country and if you access this website from outside South Africa, users do so at own risk and will be responsible for insuring compliance with the Laws of the country in which users are located.
19.3 Users concede to the jurisdiction of any court with competent jurisdiction.
19.4 Any dispute may, in our discretion, be referred to a mediator or alternatively arbitration or a court with competent jurisdiction.
19.5 Users agree that they shall at all times comply with all laws, bylaws, ordinances, regulations and that they will at all times act ethical and in a moral manner and agree to do nothing that will reflect adversely on us.
20. Users concede to us collecting statistical information, including remote IP addresses, the referring HTML page, type of browser and the computer used, which information may be used for marketing analysis.
21. Users should have updates installed and downloaded to enjoy the full benefit of access to the website.
22. To the extent that the website facilitate chat rooms or message boards, users should take care not to disclose personal information and/or any other information which may be to their prejudice.
22.1 We may from time to time monitor private messages and communication between users using chat rooms and message boards to ensure security and policy adherence, but have no liability in doing so and take no responsibility in any posting placed in these chat rooms or on the message boards.
22.2 No defamatory language or explicit or sensitive photographic material may be used in these chat rooms and to the extent that any information is posted on these chat rooms or on the message boards, we takes no responsibility for the publishing of such information and same may be referred to authorities in our discretion.
22.3 Participation on our website may be immediately terminated upon any such information being displayed. For this purpose no information or photographic material may be posted in a chat room or on a message board or through our electronic platform which may cause any harm or distress to any other party or entity.
22.4 Our website may facilitate many other features which may include participation in social networking. User participation in social networking takes place entirely at Users’ risk and peril. We do not accept any responsibility with regards to any social contact or networking between any users. In using social networking users will abstain from any negative conduct, none of which we accept any responsibility for.
22.5 We cannot screen or edit all of the content made available on or from this website and does not accept any liability for illegal, defamatory or obscene content. You are encouraged to inform us of any content that may be defamatory, illegal or offensive, none of which we approve and/or accept any liability for.
23. All users will take such steps to execute all such documents and do all such acts and things that may be reasonably required by us to give effect to any of the transactions contemplated by these T&C’s.
24. Users undertake to not make use or cause anyone else to make use of the website for any other reasons than that what is stipulated in these T&C’s and for which we intended the website to be used for.
25. Miekeraai shall be entitled to terminate a user’s registration or access if a user breaches any of these T&C’s.
26. Our website may contain older information, not necessarily current and we reserve the right to modify the content of this website at any time, without any obligation to update any information on our website.
27. Prices of products offered for sale on this website, may change without notice to you, with our right to modify or discontinue any product, reserved in our sole discretion.
27.1 Products for sale on our website, will be in limited quantities and are subject to our return/exchange policy.
27.2 Products may, due to the images placed on our website, differ in colour.
27.3 Our sole discretion to adjudicate any particular purchase, shall not create a precedent.
27.4 We reserve the right to discontinue any product presented for sale at any time.
27.5 We do not warrant product information, that same will be free of defect and/or meet your expectations.
27.6 We may refuse to execute the sale of any product ordered from us and may, in our sole discretion, limit or cancel products purchased from us, which may include a limitation on quantities purchased from us.
27.7 We may limit/prohibit orders that appear to be placed by dealers, resellers or distributors.
27.8 The user remains liable to complete accurate purchase orders and provide correct account information for all purchases made from our website/online store.
27.9 Users, to the extent not electing to receive products purchased via courier service (the costs of which shall be borne by the User) shall at its own cost, collect products elected to collect at the specified pickup point.
27.10 Products not collected from a specified pickup point within 7 (seven) business days, shall be returned to Miekeraai, with the User having the obligation to make arrangements with Miekeraai for collection.
27.11 The risk in and to products, dependent upon the delivery method chosen by the User, passes to the User upon the delivery to a courier service and/or the agreed pickup point. Products collected from pickup points, shall only be available from Monday to Friday from 08:30 – 16:00 against presentation of proof of payment.
28. We do not accept any liability for any harm or damages relating to the purchase of any of our products or any transaction that you may conduct on our website or third party website.
29. To the extent that you notice any typing errors or any inaccuracies which relate to a product or otherwise, including that of pricing and/or shipping charges, together with transit and transit delays, we reserve the right to correct same.
30. You, by accessing to and using this website, agree to indemnify and exonerate us and any of our managers, directors, representatives and/or suppliers.
31. The termination of your use of our service or gaining access to our website, shall not terminate the terms and conditions under which you gained access to or purchased any product, including that you may not terminate these T&C’s unilaterally. We reserve the right to terminate your use/gaining access to our website at any time, in our sole discretion.
32. We reserve the right to, at any time, make any update, change or in our sole discretion, amend this website or any content thereto. It is therefore your responsibility to, when you require to make use of our website, review again the T&C’s, as may be changed or updated, the latest version to apply at all times.
33. Refund and Exchange Policy:
33.1 Jewellery with piercings cannot be returned or exchanged, except defective or damaged products (proof thereof to be provided by the User within 2 business days of receipt of the product by the User and provided that the product has not been used and is returned in its original packaging.
33.2 Any products purchased from us, shall exclude any cost that you may expend to have the product purchased, shipped to you or returned to us.
33.3 Products purchased from us, shall be shipped to you by a shipping agent, the costs of which shall be paid by you.
33.4 We may replace items which are defective or damaged prior to shipping thereof, the proof of such damaged product being with you.
33.5 We take care that when products are shipped, they are in a good state of repair, the risk of a damaged product accepted by you, once the product is delivered to the shipping agent or the pickup point.
33.6 You are responsible for paying your own shipping costs for returning any item, unless any measurements (provided by us or recorded in any image) are faulty.
33.7 In any refunds are attended to by us, the cost of return shipping will be deducted from your refund.
33.8 Dependent upon where you reside or receive any product, the time for delivery of product may vary. We provide no guarantee in respect of the time for shipping of any particular product.
33.9 Consider using a trackable shipping service or purchasing shipping insurance. We do not guarantee that you will receive any product through the shipping agent or a return accepted by ourselves.
33.10 No products will be refunded or exchanged if 7 days passed since delivery thereof.
33.11 To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.
33.12 To complete your return, we require a receipt or proof of purchase.
33.13 Please do not send your purchase back to us, without prior arrangement.
33.14 Once your return is received and inspected, we will confirm as to whether a refund is approved and if approved, same will be provided to you within 7 days of approval.
33.15 If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment.
33.16 You accept that it may take time for the refund to be processed, you accepting that you will, in the first instance check your bank account and/or contact your banker, prior to contacting us.
33.17 No sale items will be refunded.
34. We choose as our physical address, Shop 33, Brooklyn Mall, Nieuw Muckleneuk, Pretoria, 0081, which will also serve as pickup address (until notified otherwise), with all returns and/or exchanges to be delivered to this address, unless otherwise arranged.