PRIVATE SALE  - 2017

1 General

1.1 Introduction

It is important that you read these terms and conditions of sale ("Terms of Sale") carefully before ordering any products ("Product(s)") from the jennaclifford.com website ("Site"). Together with our Privacy Policy and Website Terms of Use, these Terms and Conditions of Sale govern our relationship with you in relation to this Site and your purchase of Products. By placing an order for any Product(s) ("Order") you agreed to be bound by these Terms and Conditions of Sale. These Terms and Conditions of Sale apply exclusively to sales made through the Customer Contact Centre or the Website. Jenna Clifford may modify the Terms and Conditions of Sale from time to time, at its sole discretion.

The Terms and Conditions of Sale applicable to any order placed through the Customer Contact Centre or the Website are those in force at the time that an order is placed on your behalf by a Jenna Clifford ambassador (in the case of an order placed through the Customer Contact Centre) or at the time you place your order (in the case of an order placed through the Website).

In the case of an order placed through the Website, when you check the “I Accept” or similar box at the order confirmation section of the Website before placing your order with Jenna Clifford, you indicate your acknowledgment and your full acceptance of these Terms and Conditions of Sale. If you refuse to accept these Terms and Conditions of Sale, you will not be able to order any Jenna Clifford products from the Website or the Customer Contact Centre.

Persons wishing to use the Customer Contact Centre or the Website will also be deemed, by virtue of such use, to have agreed to be bound by our Website Terms of Use and our Privacy Policy, which are incorporated to these Terms and Conditions of Sale by reference.

1.2 Purchasing Eligibility

To purchase Products from us you must be 18 years of age or older. If you are under the age of 18 or otherwise cannot lawfully enter into a contract, you must have your parent or guardian place an order on your behalf and thereby assent to these Terms and Conditions of Sale. Any orders placed in contravention to this provision shall be null and void.

By placing an order through the Customer Contact Centre or on the Website, you represent and warrant that you are a bona fide end-user Customer and will not deliver, sell or otherwise distribute Jenna Clifford products or purchase Jenna Clifford products for commercial purposes or any other commercial benefit. If despite our efforts the product is no longer available or Jenna Clifford believes, for legitimate grounds, that an order would violate these Terms and Conditions of Sale, Jenna Clifford may refuse such order.

1.3 Product Availability and Quantity

All orders placed through the Customer Contact Centre or on the Website are subject to availability and acceptance by Jenna Clifford.

Jenna Clifford reserves the right to change the assortment of items proposed on the Website or through the Customer Contact Centre and may limit from time to time the quantity of Jenna Clifford products that may be ordered by a Customer in a single buying session.

The Customer Contact Centre and the product pages of the Website can provide you with information regarding products that are currently available for sale through those channels. Please note that only those creations displaying a “Add to Cart” button are available for sale through the Website. You may also call the Customer Contact Centre (telephone number indicated on the Website) and a Jenna Clifford ambassador will provide you with further information as to product availability and assist you with your purchase.

2 Jenna Clifford
2.1 We are Jenna Clifford Designs Pty Ltd, a company having its registered office registered at West Rd South, Johannesburg Gauteng, South Africa with Registration Number 1993/005045/07.

2.2 You can contact us by email at info@jennaclifford.com or by phone on +27(11)5236600.

3 Sale Contract
3.1 Orders are submitted via the Site as set out in this clause.

3.2 Once you are ready to make a purchase, click on "add to Cart" to add the Product(s) you wish to purchase to your Cart. Then proceed by clicking "Check Out" to log into our secure server to complete your Order.

3.3 If this is your first purchase on our Site you will have the option to register and create an account with us using your email address and you will also be asked to create a password. You must keep this password confidential and not disclose it to any third party. You will then be asked to input your address. The address that you register with must be the address that the card statement is sent to, however, you can use a different delivery address if you so wish.

3.4 If you have already registered with us you may enter your sign in details to access your account.

3.5 Once signed in or registered, you must select your preferred method of delivery (if any delivery charges are payable these will then be added to the amount you will be charged), confirm you wish to make an Order and consent to the Terms and Conditions of Sale. You will then be asked to input your payment details.

3.6 Once you have finished compiling the Order, it is your responsibility to ensure that your Order is correct before submitting it to us.

3.7 Once payment is completed, we will then send you a confirmatory email (including your order reference number) to acknowledge that we have received your Order ("Confirmation"). This is sent to the email address you register with us. After sending you the Confirmation we will process the payment details you have given to us to take payment for your Order.

3.8 If and when we are able to do so, we will send you a second email confirming dispatch of the Product(s) to the delivery address you have requested and giving you estimated timescales for delivery.

3.9 Your Order will be accepted by us when we send the second email to you confirming your Order and dispatch of the Product(s) and it is at this point that a legally binding contract between us is formed ("Contract").

3.10 If we are unable to fulfill your Order, you will receive an email from us informing you that the Order has not been accepted and we will refund the payment to you.

3.11 If you discover a mistake with your Order please notify us immediately and please do this before we send the second email (as referred to in clause 3.8 above). We are unable to rectify mistakes after this time, although you still have the right to cancel described below, unless the order is a “made to order” item.

4 Gift Messages
Please note that we are unable to process gift card messages using profanities or inappropriate language which may be submitted as part of your Order. Where possible, we will contact you to seek an alternative gift message and this will be done before we send you the second confirmatory email in respect of your Order.

5 Price
5.1 When you submit your Order, you are offering to buy the Product(s) at the price set out in the Order. When placing an order from within South Africa, note that prices are inclusive of South African VAT at 14%. Where applicable, import duty and taxes incurred are for your own account. The total cost for the Product(s) and delivery charges will be displayed before you confirm your Order and will be set out in the confirmatory email you receive from us.

5.2 Our prices may change at any time. If we discover that the price has changed or that there has been a pricing error when we receive your Order we will contact you and ask if you wish to proceed at the correct price. If you confirm that you do wish to proceed, please remember that we will still not be under an obligation to supply the Product(s) until we have sent you the second email confirming the dispatch of your Order.

6 Payment
6.1 Payment for all Products must be by credit card, or by Bank Transfer. We accept payment with Visa or MasterCard through PayFast. PayFast is a payments processing service for South Africa which enables buyers to make safe payments online. If we are unable to accept or fulfill your Order for any reason then we will refund any money paid by you in respect of the Order. We will not dispatch the Product(s) until we receive payment in full.

6.2 Payment by Card

You may pay by credit card, as indicated on the Website or through the Customer Contact Centre. When ordering on the Website, you will need to enter your payment details on the appropriate form. If you order by telephone, you will need to communicate to the Customer Contact Centre your credit or debit card number and your three- or four- digit security code that is printed on the back or the front of your card (CVV/CVC/CID).

All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to Jenna Clifford, you will need to contact your card issuer directly to solve this problem, and Jenna Clifford will not be liable for any delay or non-delivery.

In order to process your order, we may carry out a pre-authorisation of your card. The amount of your purchase will be blocked on your card until your order is shipped to the shipping address you have provided to Jenna Clifford, at which time you will be sent a Confirmation of Order and your card will be charged the applicable purchase price. By submitting an offer to purchase Jenna Clifford products on the Website or through the Customer Contact Centre, you expressly authorise Jenna Clifford to perform such pre-authorisation and, where Jenna Clifford deems necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your card number, to authenticate your identity, to validate your card, to obtain an initial card authorisation and to authorise individual purchase transactions.

6.3 Payment by Bank Transfer

You may also pay by bank wire transfer for orders placed through the Customer Contact Centre or on the Website. Please do not forget to mention the order reference number in your bank wire transfer form.

After you place an order and select bank wire transfer as your method of payment, Jenna Clifford will wait until your payment is received before processing your order. If the funds are not credited into our bank account within seven (7) working days after you have placed your order, this order will be cancelled.

Jenna Clifford will not charge a fee for paying by bank wire transfer, but please ensure that we receive the full amount mentioned in the Order before we process your order. Please note that some financial institutions may charge you a fee for using a bank wire transfer.

Jenna Clifford takes precautions — including administrative, technical, and physical measures — to safeguard your personal information against loss, theft, and misuse, as well as against unauthorised access, disclosure, alteration, and destruction. Although we will do our best to protect your personal Information throughout the online selling process, we cannot guarantee the security and integrity of the data you transmit to the Website and be held liable for any harm or loss resulting from the use of the internet network, such as in the case of hacking.

In order to secure your transaction and prevent fraud, Jenna Clifford will perform a credit card and anti-fraud check. By placing your Order, you will be deemed to have authorised Jenna Clifford to perform such checks and, where Jenna Clifford deems necessary, from time to time to transmit or obtain information that you have provided to Jenna Clifford about you in order to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise a particular purchase transaction.

7 Promotion and Discount Codes
7.1 To redeem a promotion or discount code ("Code"), add the Code to the "Discount / Offer Code" box on your Order Summary page of the Site and click "Apply".

7.2 Only one Code can be used per Order and Codes can only be applied to full price Product(s). They are not available on sale items.

7.3 Codes are non-transferrable and no cash alternative is available.

7.4 All Orders which may be placed using a Code must be made prior to 23:59 on the closing date, if specified.

8 Delivery
8.1 We aim to deliver Product(s) to the delivery address you have requested in your Order within the time set out in our second confirmatory email but we cannot give an exact or guaranteed delivery date.

8.2 If we have not delivered the Product(s) to you within 60 (sixty) days of the date of the Contract, or any other date that we may agree with you, then you may cancel the Contract and we will refund any money paid by you.

8.3 Ownership of the Product(s) will pass to you on delivery.

9 Damage or Defective Product(s)
9.1 Subject to any specific warranties we offer in relation to any particular Product(s), or those which are implied by law, we do not offer any warranty or guarantee on our Product(s).

9.2 You should inspect the Product(s) when you receive them for defects or damage. If you find a defect or damage you must contact our Customer Care Team as soon as possible with you order reference number to hand.

9.3 If the Product(s) are found to be damaged prior to delivery to you, or defective (through no fault of your own wearing or use), we will repair or replace the Product(s) or refund the price paid by you, including any delivery charges you paid, provided that you have not worn or used and damaged the Product(s). We will either refund the cost of the return of the Product(s) to us by you or send you a prepaid parcel which you can use to return the Product(s).

9.4 If you would prefer repair or replacement of the Product(s) please contact us and we will replace the Product(s) at no extra charge to you where this is reasonably practicable.

10 Exchanges and Returns Policy

Products that have been purchased on the Website or through the Customer Contact Centre may be returned to the following address: Jenna Clifford, 19 West Rd South, Morningside Sandton, Gauteng 2196 South Africa.

10.1 Without prejudice to your statutory rights, you may cancel a Contract at any time before your Order is delivered and up to 14 days afterwards, beginning on the day the Product(s) are delivered to you or someone appointed by you (other than the carrier) to receive the Product(s). By cancelling the Contract, you may return any Product(s) purchased from us within such time period and request a refund or alternatively an exchange.

10.2 To cancel a Contract, you must clearly inform us, preferably:

10.2.1 in writing (to Returns Department, Jenna Clifford Pty Ltd email: customercare@jennaclifford.com) please quote your order number in the communication

10.2.2 or by telephone on +27115236600 by giving us your name, address and order reference number; or

10.3 Please note, returns/exchanges of items purchased online may not be made to Jenna Clifford boutiques and retail outlets, only to Jenna Clifford Head Office (19 West Rd South, Morningside Sandton, Gauteng 2196 South Africa)

10.4 You do not have any right to cancel a Contract for the supply of any Products that have been engraved or otherwise made to your bespoke specifications (unless such Products were damaged or faulty when delivered to you or have been incorrectly delivered). Please note that “Made to Order” items including but not limited to specifically sized rings are not eligible for exchange or return as stipulated and agreed to on the Order page.

10.5 You must return the Product(s) to us within 14 days after the day of notifying us of the cancellation, in the same condition in which you receive them (which does not interfere with your right to take any reasonable steps to examine the Product(s) and make sure they conform to your Order). You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right to deduct the cost of any deterioration, up to the price of the Product(s), from the refund to which you are otherwise entitled.

10.6 To return (or exchange) the Product(s), you should package the parcel securely using the original packaging (making sure you include a note of your name and address (enclosing the original invoice and the delivery note inside the parcel) and then return it to us, by hand, or by courier to the following address: "Returns Department, Jenna Clifford Pty Ltd” (19 West Rd South, Morningside Sandton, Gauteng 2196 South Africa). When contacting us regarding a return, we will schedule a collection of the parcel with you, or make arrangements for an alternative method of return. Please also return the original Jenna Clifford box and delivery package, with all its accessories, as applicable, and all other documents, with all protective materials in place and tags and stickers attached to the products. Failure to do so will respectively entitle Jenna Clifford to withhold the corresponding value from the refund made to the Customer, or to refuse the products returned by the Customer.

10.7 If you cancel a Contract between us within the 14 day period (see above), we will process the refund due to you as soon as possible and, in any case, within 14 days after the day on which we receive the Product(s) back or, if earlier, the day on which we receive evidence that you have returned the Product(s) to our returns address. We will only refund the price of the Product(s) in full (subject to any deduction we are entitled to make due to your use of or damage to the Product(s), or any unnecessary handling by you), excluding the cost of standard delivery. All other cancellations and refunds are at our sole discretion.

10.8 We will refund any money received from you using the same method originally used by you to pay for your purchase, unless agreed otherwise.

10.9 Details of how to return an order are provided in the delivery/returns note which accompanies the Product(s).

10.10 For exchanges, if the value of the new Product(s) exceeds the original value of the Product(s), you will be required to pay the difference. Should the value of the new Product(s) be lower than the original value, the difference will be credited to the credit or debit card originally used for the Order.

11 Repairs

For any repair inquiries, please contact our Customer Contact Centre (telephone number and e-mail address indicated on the Website).

2. Accuracy of Pricing, Product Descriptions

While Jenna Clifford endeavours to verify the accuracy of any information it places on the website, in advertisements or catalogues or by the Customer Contact Centre, it makes no guarantees, whether express or implied, in relation to the accuracy, reliability and completeness of such information. Jenna Clifford does not confirm the price of a Jenna Clifford product until a Confirmation of Order Dispatch has been issued by Jenna Clifford, indicating the existence of a binding sales contract. If a Jenna Clifford product’s correct price is higher than the price posted on our website, then Jenna Clifford will either contact the Customer for instructions before shipping the order or, if Jenna Clifford cannot obtain your instructions, reject the order and notify you of such rejection.

While every effort will be made to ensure that the descriptions, photographs or graphical representations of the Jenna Clifford products displayed on the website or in a catalogue are as accurate as possible, Jenna Clifford does not warrant that such materials or other content is error-free, whether as a result of inaccuracy, omission, obsolescence or otherwise. Accordingly, the Customer’s sole remedy in the event of any such error is to return the product as set forth in our return policy.

Liability
13.1 Nothing in these Terms and Conditions of Sale will limit our liability for:
13.1.1 fraud;
13.1.2 death or personal injury caused as a result of our negligence;
13.1.3 any matter for which it would be unlawful for us to exclude or to attempt to exclude our liability.

13.2 Subject to clause 11.1 above, in no event shall we be liable to you for any business, financial, or economic loss nor any consequential or indirect losses, including but not limited to loss of business, loss or income or revenue, loss of profits or loss of anticipated savings.

13.3 Our aggregate, total liability to you for all damages, injury, losses and causes of action (whether in contract, tort or otherwise) arising from any Contract with you shall be limited to the price of any Product(s) you may order through our Site and is strictly limited to losses that were reasonably foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time the Contract is formed.

14 Notices
14.1 All notices sent to you will be sent to the email address provided with your registration details (as updated by you). By accepting these Terms and Conditions of Sale you give your consent to receive communications from us by email.

14.2 Personal information that you supply to us will not be disclosed by us to any third party save in accordance with our Privacy Policy. You agree that we may use the personal information supplied by you in accordance with our Privacy Policy.

15 Miscellaneous
15.1 We advise you to print a copy of your Order and these Terms and Conditions of Sale for your information and safe keeping.

15.2 No failure or delay by us in exercising any right or remedy provided by law or under these Terms and Conditions of Sale and no single or partial exercise of any such right or remedy shall impair the right or remedy, or operate as a waiver or variation of it, or preclude its exercise at any subsequent time.

15.3 If any provision of these Terms and Conditions of Sale is found to be invalid or unenforceable by a court, it will be deleted from the rest of these Website Terms which shall remain unaffected.

15.4 No variations of these Terms and Conditions of Sale are binding unless agreed by us in writing.

15.5 These Terms and Conditions of Sale (and any document expressly referred to in them, including the Website Terms and Privacy Policy) represent the entire agreement between you and us in relation to the subject matter of any Contract.

 Date of Posting 13 April 2015