iGemz.co.za – Terms and Conditions (CPA-Compliant)

Effective Date: 3 March 2011
Operator: Big Rock iGemz CC (Reg No: 2010/136975/23) trading as iGemz
Website: www.iGemz.co.za

1.

Agreement to Terms
1.1 By accessing and using this website, you agree to be bound by these Terms and Conditions.
1.2 If you do not agree with any of these Terms, you must refrain from using the website.
1.3 iGemz reserves the right to amend or update these Terms at any time. Continued use of the website following such amendments shall constitute acceptance of the revised Terms.

2.

Consumer Protection Act (CPA) Compliance
2.1 These Terms are intended to comply with the Consumer Protection Act 68 of 2008 (“CPA”)
2.2 Nothing in these Terms shall be interpreted or applied in a manner that limits or waives your rights under the CPA. Where any provision of these Terms conflicts with the CPA, the provisions of the CPA shall prevail.

3.

Intellectual Property
3.1 All intellectual property, including but not limited to trademarks, logos, text, images, designs, and product information, are owned by iGemz or its licensors.
3.2 You may not reproduce, distribute, or otherwise use such intellectual property without prior written consent, save for personal, non-commercial use

4.

Website Use
4.1 The website may be used only for lawful purposes, including browsing and purchasing products.
4.2 You may not:
(a) introduce viruses, malicious code, or harmful software;
(b) attempt to gain unauthorised access to the website or its systems; or
(c) link to the website without prior written approval.
4.3 iGemz reserves the right to update, modify, or withdraw the website or its content at any time without prior notice.
4.4 iGemz shall not be responsible for third-party websites linked to this site.

5.

Product Information
5.1 iGemz takes reasonable care to ensure the accuracy of product descriptions and images.
5.2 Products may differ slightly from images displayed on the website.
5.3 All information is subject to change without notice.

6.

Pricing
6.1 All prices include 15% VAT where applicable.
6.2 Transaction currency selection: At checkout, you may choose to transact in any of the following currencies: ZAR, USD, EUR, JPY, GBP, AUD, CAD, CHF, CNY, HKD, NZD. Your order will be processed and settled in the currency you select.
6.3 Gateway routing by currency: Depending on the currency selected, the website will automatically route payment via the appropriate gateway, including Peach Payments, PayPal, and/or Wire Transfer (EFT). If a selected currency requires a different gateway or method, we will notify you during checkout.
6.4 Delivery charges are excluded from prices unless expressly stated otherwise.
6.5 Promotions, discounts, and special offers are valid only for the period specified and as determined by server time.

7.

Payment
7.1 Payments are processed securely through approved payment providers, including Peach Payments, PayPal, and Wire Transfer (EFT) (with gateway selection determined by clause 6.3).
7.2 iGemz does not store card details.
7.3 Accepted payment methods include major credit/debit cards via supported gateways and EFT.
7.4 EFT payments must be received within two (2) working days to secure an order.
7.5 iGemz reserves the right to cancel any order suspected of fraud or unauthorised use of payment methods. Customers may be required to provide proof of identity and payment before an order is processed.
8. Order Confirmation
8.1 An order shall be deemed confirmed only once:
(a) full payment has been received by iGemz; and
(b) an official order confirmation has been issued.
8.2 iGemz reserves the right to decline or cancel any order for valid reasons, in which case amounts already paid shall be refunded in accordance with these Terms and the CPA.

9.

Delivery
9.1 Orders exceeding R4,000 qualify for free delivery within South Africa.
9.2 Orders exceeding USD 1,000 qualify for free international delivery.
9.3 Delivery is ordinarily completed within 3–14 working days, subject to stock availability and delivery destination.
9.4 Deliveries require a valid form of identification and a signature upon receipt.
9.5 Risk of loss or damage to goods shall pass to the customer upon delivery and acceptance of the goods.
9.6 Ownership of goods passes to the customer only upon receipt of full payment.
9.7 If delivery fails due to an incorrect address or the recipient’s unavailability, re-delivery costs shall be borne by the purchaser.
9.8 International Import Duties and Fees: Customers outside South Africa may be liable for import duties, taxes, customs fees, and other charges as determined by their country of import. Such fees are the sole responsibility of the customer and are not included in iGemz prices or delivery fees.

10.

Returns and Cancellations
10.1 All returns, cancellations, and refunds are governed by the iGemz Returns and Refunds Policy, which is available online at: https://www.igemz.co.za/refund_returns/
10.2 By placing an order, you acknowledge that you have read, understood, and agree to be bound by the terms of the Returns and Refunds Policy.

11.

Gemstone Certification
11.1 Certification may be requested from recognised laboratories such as EGL SA or The Gem Lab.
11.2 Certification fees are determined by the laboratory and are non-refundable.
11.3 iGemz accepts no liability for laboratory outcomes, delays, or refusals.

12.

Product Availability
12.1 Stock is limited, and certain items are made-to-order or held off-site.
12.2 If iGemz cannot fulfil an order (in whole or in part), you will be notified and refunded in full, including delivery charges paid – but excluding any payment processing fees.
12.3 Where a partial fulfilment is agreed, any overpayment will be refunded proportionately.

13.

Security
13.1 Customers are responsible for safeguarding login credentials.
13.2 Any unauthorised attempts to access, hack, or damage the website shall be prosecuted
13.3 All online card transactions are encrypted and secure.

14.

Privacy
14.1 iGemz respects your privacy and will not sell or rent your personal information to third parties.
14.2 Customer details may be used to provide marketing communications, from which you may opt out at any time.
14.3 Information may be disclosed if required by law as per iGemz Privacy Policy, which is available online at: https://www.igemz.co.za/privacy-policy/

15.

Gift Cards and Coupons
15.1 The purchase and redemption of gift cards and coupons are governed by separate terms and conditions – which is available online at: https://www.igemz.co.za/gift-card-coupon-policy/.

16.

Errors and Omissions (E&OE)
16.1 iGemz takes reasonable care to ensure the accuracy of all information provided on this website.
16.2 Errors and Omissions Excepted (E&OE) means that iGemz shall not be bound by any obvious or inadvertent errors in content, pricing, or product details, provided such errors are corrected promptly once identified.
16.3 If an error affects your order, you will be notified and may elect to:
(a) proceed with the corrected details; or
(b) cancel the order, in which case a full refund shall be issued if payment has been made.
16.4 This clause shall not limit or exclude any rights afforded to you under the CPA.

17.

Governing Law and Jurisdiction
17.1 These Terms and Conditions shall be governed by and interpreted in accordance with the laws of the Republic of South Africa.
17.2 The customer hereby consents and submits to the jurisdiction of the Magistrates’ Court, Kempton Park, South Africa for all disputes arising from or in connection with these Terms, irrespective of the amount in dispute.
17.3 At the sole discretion of iGemz, proceedings may be instituted in the Magistrates’ Court or in any other court of competent jurisdiction, including the High Court of South Africa.

18.

Limitation of Liability
18.1 To the fullest extent permitted by law, iGemz shall not be liable for any indirect, incidental, consequential, or special damages arising out of or in connection with the use of this website or the purchase of products.
18.2 iGemz’s liability for direct damages shall, in any event, be limited to the purchase price of the product giving rise to the claim.
18.3 Nothing in this clause shall exclude or limit liability where such exclusion or limitation is prohibited under the CPA.

19.

Force Majeure
19.1 iGemz shall not be liable for any failure to perform or delay in performing any obligation where such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to natural disasters, strikes, trade restrictions, supplier delays, or government actions.

20.

Indemnity
20.1 By using this website, you agree to indemnify, defend, and hold harmless iGemz, its members, employees, agents, and suppliers against any claims, damages, losses, or expenses (including legal fees) arising from your breach of these Terms, misuse of the website, or violation of any applicable law.

21.

Customer Obligations
21.1 The customer is responsible for providing accurate and complete personal, billing, and delivery information.
21.2 Any delays or losses caused by inaccurate or incomplete information are the customer’s responsibility.

22.

Contact and Business Details
Business Name: Big Rock iGemz CC trading as iGemz
Registration Number: 2010/136975/23
Email: CLICK HERE to contact us.
Domicilium (Legal Address): As indicated on your invoice.