Terms And Conditions
We are pleased to welcome you to our website and want to extend our thankfulness to you for reading our terms and conditions. Please take note that your continued use of this website indicates that you have both read and agreed to these terms and conditions and you are consequently bound thereto. These terms and conditions govern your use of this Website and all facilities and services made available through it by HELETTA MARAIS JEWELLERY (PTY) LTD.
- “Ayala Bar” - HELETTA MARAIS JEWELLERY (PTY) LTD is a private company with registration number 2019/243442/07 duly incorporated in accordance with the provisions of the Companies Act No 71 of 2008, that sells the product Ayala Bar. Ayala Bar is handcrafted limited edition jewellery made from Swarovski crystals, fabric, glass and ceramic beads with a backdrop of metals.
- “Content” – including but not limited to photographic images, logos, text, images, video, audio or other material.
- “User” - Anyone who accesses this website.
- About us:
- Who are we and what do we offer?
AYALA BAR SOUTH AFRICA is a South African based business supplier and seller in the jewellery industry that sells jewellery with more than 12 years of experience.
- Who owns this Website?
This website is run by HELETTA MARAIS JEWELLERY (PTY) LTD. This website and all Content herein is operated and owned by HELETTA MARAIS JEWELLERY (PTY) LTD. Any access to and use of this Website is subject to these terms and conditions as set out herein (“Terms and Conditions”), read with all documents listed under “General Information”.
- Who are we and what do we offer?
- The Terms and Conditions set out herein applies to the whole Website as well as all the web pages and hyperlinks on this Website.
- By using and accessing our Website, the User signifies that he/she has read, understand and agree to be bound by these Terms and Conditions (read with all documents listed under “General Information”).
- It is the User’s responsibility to monitor the Website from time to time in order to stay informed of any and all changes made to these Terms and Conditions.
- Amended or updated Terms and Conditions
- HELETTA MARAIS JEWELLERY (PTY) LTD reserves the right to amend and/or review the Content on the Website and specifically these Terms and Conditions at any time and subject to HELETTA MARAIS JEWELLERY (PTY) LTD’s sole discretion.
- The right afforded to HELETTA MARAIS JEWELLERY (PTY) LTD in 3.4.1 may include the right to alter, modify, add or remove portions or the whole of the Terms and Conditions from time to time.
- All Users are cautioned to take cognisance of the fact that it is the User’s responsibility to refer back to these Terms and Conditions regularly in order to stay familiarized with the provisions of our Terms and Conditions, as any amendments hereto shall become effective immediately upon posting thereof and shall automatically bind the User without further notice.
- Continued use of the Website following the posting of any amendments to these Terms and Conditions will signify that the User accept such amendments and agree to be bound accordingly.
- No Users, or representatives of Users, under 18 years old has any contractual capacity and consequently cannot be bound by these Terms and Conditions.
- Thus, no person may access this Website, use HELETTA MARAIS JEWELLERY (PTY) LTD’s facilities and/or accept these Terms and Conditions if they lack the necessary legal capacity to enter into a valid and binding agreement with HELETTA MARAIS JEWELLERY (PTY) LTD.
- By the accessing or use of the Website, a User tacitly warrants that he/she has attained majority status (18 years of age or older), are emancipated or have a parent’s/legal guardian`s consent to be bound by these Terms and Conditions.
- Use and access of our Content
- We permit full access to all content on our website and any User is encouraged to promote access to and the use of our Website to any other person, subject to the provisions of these Terrms and Conditions.
- Any User of this Website is at liberty to display, exhibit, show and/or print any Content obtained from this Website for his/her personal and non-commercial use, subject to clause 4.3 hereunder.
- The modification, reproduction, alteration, distribution, or otherwise use of any of the Content without the prior written consent from the relevant holder such right is strictly not permitted. ‘Deep-linking', 'embedding' or using analogous technology is impermissible. Requests for permission to reproduce, distribute or otherwise use materials found on our Website, should be made to email@example.com.
- By using this Website, the User agrees to indemnify HELETTA MARAIS JEWELLERY (PTY) LTD against any loss, damage, harm, claim or any other cost whatsoever that the User may sustain as a result of the use of this Website and/or its Contents.
- HELETTA MARAIS JEWELLERY (PTY) LTD reserves the right to suspend access to and/or use of our Website, or any part thereof in our sole discretion, determine that a User has not used the Website in accordance with these Terms and Conditions. HELETTA MARAIS JEWELLERY (PTY) LTD further reserves the right to institute legal proceedings if any of these provisions in the Terms and Conditions document are not adhered to.
- Although HELETTA MARAIS JEWELLERY (PTY) LTD take reasonable measures to ensure that the Website is available to the User at all times, the User agree that HELETTA MARAIS JEWELLERY (PTY) LTD shall not be liable in respect of any loss or damage caused by or arising from the unavailability of, any interruption in or your access or use of the Website. HELETTA MARAIS JEWELLERY (PTY) LTD will not be liable, if for any reason, this Website is unavailable at any time or for any period.
- HELETTA MARAIS JEWELLERY (PTY) LTD reserves the right to restrict access to some or all parts of this Website as may be required from time to time.
- Any User of this Website warrants as follows:
- That this Website is used and accessed for lawful purposes only.
- Unlawful purposes include but are not limited to committing a criminal offence, gaining unauthorised access to other computer systems, or transmitting unlawful material.
- Accuracy of Content
- HELETTA MARAIS JEWELLERY (PTY) LTD will at all times strive to ensure that the Content on our Website is displayed in an accurate and detailed manner, the Content is up-to-date and reasonably descriptive.
- HELETTA MARAIS JEWELLERY (PTY) LTD cannot however warrant that the Content or information displayed is/shall always be accurate, complete and/or current and that the User’s interpretation of the size, proportions and bulk thereof will be correctly perceived. The Content displayed on our Website is provided without any guarantees, conditions or warranties as to its accuracy.
- Please do not hesitate to contact us on firstname.lastname@example.org should any User need to consult with us before making any decision to act on the information or content of this Website.
- To the fullest extent permitted by law, HELETTA MARAIS JEWELLERY (PTY) LTD disclaim all warranties of any kind, whether express or implied, including without limitation to the implied warranties that the Content published to the Website and/or products promoted on the Website is fit for any purpose.
- This Website, including but not limited to, all services, Content, functions and materials provided via the Website, are provided "as is," "as available," without warranties of any kind, either express or implied, including, but not limited to, any warranty for information, data, data processing services, uptime or uninterrupted access, any warranties concerning the availability, display-ability, accuracy, precision, correctness, thoroughness, completeness, usefulness, or content of information, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose, and HELETTA MARAIS JEWELLERY (PTY) LTD hereby disclaim any and all such warranties, express and implied. We do not warrant that the Website or the services, content, functions or materials provided via the Website will be timely, secure, uninterrupted or error free, or that defects will be corrected.
- HELETTA MARAIS JEWELLERY (PTY) LTD makes no warranty that the Website or the services provided will meet Users’ special requirements.
- HELETTA MARAIS JEWELLERY (PTY) LTD further accepts no liability, for any direct, indirect, incidental, special or consequential loss or damage of any kind whatsoever caused and/or arising from the access or use of the Website.
- Limitation of liability
- The User expressly agrees that the use of this Website is at his/her own risk.
- HELETTA MARAIS JEWELLERY (PTY) LTD does not warrant that the Website’s functions will be uninterrupted or error-free, or that the site or its server is free from viruses or other harmful components.
- By accessing and using the Website, the User agrees –
- to the fullest extent permitted by law, to indemnify HELETTA MARAIS JEWELLERY (PTY) LTD, its owners, directors, employees, officials, suppliers, agents and/or representatives against any loss, injury or damages suffered or liability incurred by reason of any act or omission on the User’s part, or that of any third party acting on behalf of the User, in connection with the access and use of this Website; and
- that HELETTA MARAIS JEWELLERY (PTY) LTD, its owners, directors, employees, officials, suppliers, agents and/or representatives shall not be liable for any loss or damage, whether direct, indirect or consequential, or any expense of any nature whatsoever, which may be suffered by the User, which arises directly or indirectly from reliance of the Website and/or its content. HELETTA MARAIS JEWELLERY (PTY) LTD, its agents or suppliers shall not be responsible for any direct or indirect, special, consequential or other damage of any kind whatsoever suffered or incurred by you related to your use of, or an User’s inability to access or use, the Content or the Website.
External links and advertising
- Wherever this Website provides links to other websites, this should not be construed as constituting any relationship or endorsement of the linked third party, and reliance on all information provided by the external link is done so at the User’s own risk.
- Wherever third-party advertising or promotional material is displayed on this Website, it should not be construed as HELETTA MARAIS JEWELLERY (PTY) LTD endorsing or creating any relationship between themselves and that third party. Reliance on any such material is entirely at the User’s own risk.
- Any third party wishing to link to this Website from their website must obtain permission from HELETTA MARAIS JEWELLERY (PTY) LTD by directing such request to the email@example.com and permission may be granted on terms and conditions agreed.
- Intellectual Property
- HELETTA MARAIS JEWELLERY (PTY) LTD retains copyright in the Website as well as all Content displayed on the Website which is not owned by third parties.
- HELETTA MARAIS JEWELLERY (PTY) LTD grants all Users, a limited licence for general use and subject to the provisions of these Terms and Conditions. This limited licence confers upon the User a non-exclusive, non-transferable, limited and revocable right to access the current and future content of the Website for the User’s personal and informational purposes only.
- The content of this Website may not be copied, resold, reproduced, duplicated, or otherwise used for any commercial or non-commercial purpose without the express prior written consent of HELETTA MARAIS JEWELLERY (PTY) LTD.
- The intellectual property rights in all software and Content, made available to the Users on or through this Website remains the property of HELETTA MARAIS JEWELLERY (PTY) LTD. All such Content, and the compilation of such Content, are the subject of copyright and which belongs to HELETTA MARAIS JEWELLERY (PTY) LTD, its affiliates or subsidiaries, and/or any third-party owner of such rights and is protected by South African Copyright laws and treaties. All such rights are reserved by HELETTA MARAIS JEWELLERY (PTY) LTD and its licensors.
- Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and Content, services and/or locations featured on this Website are in no way associated, linked or affiliated with HELETTA MARAIS JEWELLERY (PTY) LTD and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website are owned by the respective trademark owners. All rights are reserved and retained by the relevant intellectual property owners.
HELETTA MARAIS JEWELLERY (PTY) LTD is committed to protecting our User’s personal information in accordance with the Protection of Personal Information Act 4 of 2013 (“POPIA”). You may use this Website without providing any personal information.
- Dispute Resolution
These Terms and Conditions are governed by the laws of the Republic of South Africa. Any dispute arising in relation to these Terms and Conditions shall be referred to arbitration in Cape Town at a venue that shall be determined by HELETTA MARAIS JEWELLERY (PTY) LTD.
- Governing Law
The law governing of these Terms and Conditions, is the law of the Republic of South Africa and the parties submit to the exclusive jurisdiction of the South African courts in respect of any matter arising from or in connection with these Terms and Conditions.
- Export Restriction
The offering on this Website is available to clients who ordinarily resides within the South African borders only.
- Entire Agreement
These Terms and Conditions constitute the entire agreement between HELETTA MARAIS JEWELLERY (PTY) LTD and the User.
- Delivery policy
Subject to availability and receipt of payment, requests will be processed within 1-2 days and delivery confirmed by way email.
- Return and Refunds Policy
The provision of goods and services by AYALA BAR is subject to availability. In cases of unavailability, AYALA BAR will refund the client in full within 30 days. Cancellation of orders by the client will attract a 0 % administration fee. For full details of returns, exchanges and refunds, please refer to our Return Policy, under “General Information”.
Whenever possible, each provision of these Terms and Conditions shall be interpreted in a manner which makes it effective and valid under applicable law, but if any part of these Terms and Conditions is held to be illegal, invalid or unenforceable under applicable law, that illegality, invalidity or unenforceability shall not affect the other provisions of these Terms and Conditions, all of which shall remain in full force.
Any relaxation, indulgence or delay by HELETTA MARAIS JEWELLERY (PTY) LTD in exercising, or any failure by HELETTA MARAIS JEWELLERY (PTY) LTD to exercise, any right under this Agreement shall not be construed as a waiver of that right and shall not affect the ability of HELETTA MARAIS JEWELLERY (PTY) LTD to subsequently exercise that right or to pursue any remedy, nor shall any Indulgence constitute a waiver of any other right.
- Electronic Communications and Transactions Act applicability to this agreement
This document governs the relationship between the User and HELETTA MARAIS JEWELLERY (PTY) LTD and constitutes a valid and binding agreement between them. Section 11 and section 22(1) the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”) provides for valid and binding contracts to be concluded in electronic format and to be established over the internet. Contracts concluded electronically are thus the functional equivalent of contracts concluded on paper.
- Payment options accepted
Payment may be made via Visa and MasterCard. Card transactions will be acquired for HELETTA MARAIS JEWELLERY (PTY) LTD via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the Website. Users may go to www.paygate.co.za to view their security certificate and security policy.
- Customer details separate from card details
Customer details will be stored by HELETTA MARAIS JEWELLERY (PTY) LTD separately from card details which are entered by the client on PayGate’s secure site. For more detail on PayGate refer to www.paygate.co.za.
- Merchant Outlet country and Transaction Currency
The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).