Terms and Conditions

1. Introduction

Welcome to the Different by Design website.

The Website is owned and operated by Different by Design (“Different by Design”, “we”, “us” or “our”), a bespoke jewellery design studio situated at The Foundry Courtyard, 74 Prestwich Street, Green Point, Cape Town, 8001, South Africa.

By accessing, browsing or using the Website, you agree to comply with these Website Terms and Conditions. Should you not agree with these terms, you must stop using the Website.

These terms must be read together with our Privacy Policy and any additional terms provided in relation to a quotation, jewellery commission, purchase, consultation or other service.

2. Purpose of the Website

The Website provides information about Different by Design, our jewellery, services, bespoke design process, jewellery remodelling services and contact details.

The Website may also allow visitors to:

·      Submit contact or enquiry forms;

·      Request information about our products or services;

·      Contact us to arrange a consultation;

·      View examples of jewellery and previous work;

·      Access our social media pages; and

·      Access an online shop or other online services if these are introduced in future.

The content on the Website is provided for general information and marketing purposes. It does not constitute professional valuation, financial, investment, legal or insurance advice.

3. Acceptance of These Terms

By using the Website, you confirm that:

·      You have read and understood these terms;

·      You have the legal capacity to agree to these terms;

·      The information you submit through the Website is accurate and complete; and

·      You will use the Website only for lawful purposes.

If you use the Website on behalf of a company, organisation or another person, you confirm that you have authority to bind that party to these terms.

4. Permitted Use

You may access and use the Website for personal, informational and legitimate business purposes.

You may not:

·      Use the Website for any unlawful, fraudulent or harmful purpose;

·      Attempt to gain unauthorised access to the Website, its server, databases or connected systems;

·      Introduce viruses, malware, malicious code or other harmful material;

·      Interfere with the operation, availability or security of the Website;

·      Scrape, copy, reproduce or extract Website content for commercial use without written permission;

·      Impersonate another person or provide false or misleading information;

·      Use the Website to send unsolicited marketing, spam or abusive communications;

·      Reverse-engineer, alter or attempt to bypass any Website security measures; or

·      Use any photograph, jewellery design or other Website content to manufacture, reproduce or commission an unauthorised copy.

We may restrict or block access to the Website where we reasonably believe that these terms have been breached.

5. Jewellery Images and Website Information

We take reasonable care to ensure that Website information is accurate and current. However, jewellery images, descriptions, colours, dimensions, gemstone appearances and other visual details may differ from the physical item due to:

·      Lighting and photography;

·      Screen and device settings;

·      Natural variations in gemstones and precious metals;

·      Handcrafted production methods;

·      Product availability; and

·      Subsequent alterations or customisation.

Images displayed on the Website are illustrative and may include previously commissioned, sold or unavailable pieces.

Website content does not constitute a binding offer to sell a particular item or provide a service at a particular price. Availability, specifications, pricing and timelines must be confirmed directly with Different by Design.

We reserve the right to correct errors, update information and change or remove Website content without prior notice.

6. Enquiries, Quotations and Bespoke Jewellery

Submitting an enquiry, contact form or consultation request does not create a binding contract between you and Different by Design.

Any jewellery commission, remodelling project, repair, purchase or other service will be subject to:

·      A separate written quotation or order confirmation;

·      Agreed specifications and design details;

·      Applicable deposits and payment terms;

·      Estimated manufacturing or completion times;

·      Availability of gemstones and materials; and

·      Any additional terms communicated to you before work begins.

A quotation is valid only for the period stated in the quotation. Prices may change due to fluctuations in precious-metal prices, gemstone availability, exchange rates, supplier costs or changes to the requested design.

Bespoke and personalised jewellery is manufactured according to the client’s approved design and specifications. Deposits, cancellations, design changes, returns, resizing, warranties and remedies relating to bespoke work will be dealt with in the applicable quotation, order confirmation or service agreement, subject to South African law.

Nothing in these Website terms removes or limits any rights available to a consumer under the Consumer Protection Act, the Electronic Communications and Transactions Act or any other applicable law.

7. Electronic Communications

When you contact us through the Website, by email or through another electronic channel, you consent to receiving communications from us electronically in connection with your enquiry.

Electronic messages are considered received in accordance with applicable South African law. We do not guarantee that an email or Website submission will always be delivered, received or responded to immediately.

Urgent enquiries should be confirmed telephonically.

8. Intellectual Property

All content appearing on the Website is owned by, licensed to or used with permission by Different by Design. This includes, without limitation:

·      The Different by Design name and logo;

·      Jewellery designs and design concepts;

·      Photographs and product images;

·      Written content;

·      Graphics and illustrations;

·      Website layouts and visual elements;

·      Videos;

·      Icons;

·      Databases; and

·      Software and source code.

This content is protected by applicable copyright, trade mark, design and intellectual-property laws.

You may view and temporarily download Website content for your personal and non-commercial use. You may not reproduce, modify, publish, distribute, sell, license, adapt or commercially exploit Website content without our prior written permission.

No use of the Website transfers any intellectual-property rights to you.

9. Information Submitted by Users

When submitting an enquiry or other information through the Website, you agree not to submit content that:

·      Is unlawful, threatening, defamatory, offensive or discriminatory;

·      Infringes another person’s intellectual-property or privacy rights;

·      Contains malicious code or harmful files;

·      Is deliberately false or misleading; or

·      Is unrelated to a legitimate enquiry.

You remain responsible for information, photographs, sketches, gemstone details and other materials that you provide to us.

You grant us permission to use materials you submit only to the extent reasonably necessary to respond to your enquiry, prepare a quotation, develop a proposed design or provide the requested service.

10. Third-Party Websites

The Website may contain links to third-party websites, including social-media platforms, mapping services, payment providers or other service providers.

These third-party websites are operated independently and are subject to their own terms and privacy policies. Different by Design does not control and is not responsible for the content, availability, security or privacy practices of third-party websites.

A link does not necessarily imply endorsement of the third party or its services.

11. Website Availability and Security

We take reasonable steps to maintain the security and availability of the Website. However, we do not guarantee that:

·      The Website will always be available or uninterrupted;

·      The Website will be free from errors or technical problems;

·      All Website content will always be current;

·      The Website will be free from viruses or harmful components; or

·      Information transmitted electronically will be completely secure.

We may suspend, restrict, update or discontinue any part of the Website for maintenance, security, operational or other reasons.

Users are responsible for maintaining suitable security, antivirus software and backups on their own devices.

12. Disclaimer and Limitation of Liability

The Website and its content are provided on an “as is” and “as available” basis.

To the fullest extent permitted by law, Different by Design will not be liable for any direct, indirect, incidental, special or consequential loss arising from:

·      The use of or inability to use the Website;

·      Reliance on Website content;

·      Website interruptions or technical failures;

·      Unauthorised access to or alteration of electronic communications;

·      Viruses, malware or other harmful components;

·      Third-party websites or services; or

·      Decisions made based solely on information displayed on the Website.

Nothing in these terms excludes or limits liability that cannot lawfully be excluded under South African law. These terms do not limit a consumer’s statutory rights.

13. Privacy and Cookies

Our collection and processing of personal information are governed by our Privacy Policy.

The Website may use cookies and similar technologies to operate correctly, remember preferences, measure Website usage and improve the user experience. Further information about cookies and how they may be managed appears in our Privacy Policy and, where applicable, our cookie consent notice.

14. Changes to These Terms

We may update these terms from time to time to reflect changes to the Website, our services, technology or applicable law.

The updated version will be published on the Website with a revised “Last updated” date. Your continued use of the Website after an update constitutes acceptance of the revised terms.

15. Governing Law and Jurisdiction

These terms and any dispute arising from the Website are governed by the laws of the Republic of South Africa.

Subject to applicable consumer-protection legislation, the parties consent to the jurisdiction of the courts of South Africa. Where legally permissible, proceedings may be instituted in a competent court within the Western Cape.

16. General Provisions

If any provision of these terms is found to be unlawful, invalid or unenforceable, that provision will be treated as severable and the remaining provisions will continue to apply.

A failure by Different by Design to enforce any provision does not constitute a waiver of that provision or any other right.

These Website terms constitute the agreement between you and Different by Design regarding your use of the Website. Separate quotations, order confirmations and service agreements may apply to specific jewellery commissions or purchases.

17. Contact Details

Questions regarding these Website Terms and Conditions may be directed to:

Different by Design
The Foundry Courtyard
74 Prestwich Street
Green Point
Cape Town
8001
South Africa

Telephone: +27 21 418 2664
Email: alvin@differentbydesign.co.za