Terms & Conditions
Introduction and Legal Entity Information
Trading Name: SJ Gems
Legal Entity: SJ Gems (PTY) LTD
Reg No.: 2018/056153/07| VAT No. Pending
Address: We are not open to public visits. Meetings can be arranged in Johannesburg area.
Telephone: +27 83 259 9518
Email: admin@sjgems.co.za
These Terms and Conditions apply to all websites operated by SJ Gems, including but not limited to sjgems.co.za and related subdomains.
By using our website and online platforms, you agree to these Terms and Conditions, which form a binding legal agreement between you and SJ Gems. These terms are governed by the laws of South Africa, and your use of our services implies consent to these laws.
Acceptance of Terms
By accessing and using our website, you agree to comply with these Terms and Conditions, which govern your use of our services, products, and platforms. These Terms and Conditions are subject to the Consumer Protection Act (CPA), and nothing herein is intended to limit your rights or our obligations under the CPA. If you do not agree with these terms, please do not use our services.
Modification of Terms
SJ Gems reserves the right to update or revise these Terms and Conditions at its discretion. Any changes will be effective immediately upon posting on our website, and you will be notified of material changes where possible. It is your responsibility to review our website regularly for updates that may affect your rights or obligations. Continued use of our services after such changes indicates your acceptance of the updated terms. If you do not agree with the revised terms, you must discontinue use of our website and services.
Content Ownership
All content on the SJ Gems website, including but not limited to text, graphics, logos, images, designs, and software, is the exclusive property of SJ Gems or its licensors. This content is protected under South African copyright, trademark, and other intellectual property laws. Unauthorized use of our intellectual property, including copying, reproducing, or distributing content without explicit written permission, may result in legal action.
Trademarks
The name “SJ Gems,” the SJ Gems logos, and any related product or service names or slogans displayed on our website are trademarks of SJ Gems or its licensors. These trademarks may not be copied, imitated, or used without prior written permission from SJ Gems or the respective trademark holders. Use of metatags or hidden text that incorporates SJ Gems trademarks or related names is strictly prohibited.
Use of the Site
SJ Gems grants you a personal, limited, non-transferable license to access and use our website for personal, non-commercial purposes. This license allows you to view, copy, and print portions of the content for informational use only. Any other use, including commercial exploitation, modification, distribution, or data mining, is strictly prohibited without prior written consent. Unauthorized use may result in termination of this license and could constitute a violation of applicable laws. This license is revocable at any time.
Information on Our Site
SJ Gems strives to provide accurate and current information on our website through email and other communications in compliance with the Electronic Communications and Transactions Act (ECT Act). However, we cannot guarantee that all information is always correct or complete. Occasionally, errors such as incorrect pricing or descriptions may occur due to system or typographical issues. These errors are not binding on SJ Gems and may be corrected at any time. If a product is listed at an incorrect price, we reserve the right to cancel or amend orders affected by the error and will notify customers accordingly.
We take your privacy seriously and handle your personal information in accordance with the Protection of Personal Information Act (POPIA). Any personal data collected during your interactions with our site will be processed in line with our Privacy Policy, ensuring your data is securely stored and used only for its intended purpose.
Your Account and Orders
When using the SJ Gems website you are responsible for maintaining the confidentiality of your account information, including your password and for restricting access to your computer. You accept responsibility for all activities that occur under your account. If you are under 18, you may only use the site under the supervision of a parent or guardian who agrees to be bound by these Terms and Conditions. SJ Gems reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its discretion.
In the event of a chargeback, SJ Gems reserves the right to recover any costs incurred and may cancel any associated promotional benefits, such as free shipping at its sole discretion.
Gemstone Reports
Customers purchasing natural diamonds, lab-grown diamonds or gemstones will receive an online report via email after their purchase. These reports are detailed documents prepared by expert gemologists at recognized laboratories. Due to the high cost of replacing these reports, SJ Gems requires that the original report be included with any returned gemstone. If the report is not included, a replacement fee of ZAR 4,500 will be charged.
Passage of Title
Ownership of goods purchased from SJ Gems transfers to the purchaser or their designated recipient at the moment the goods are delivered to the specified delivery address.
Order Approval and Cancellation
Receiving an order confirmation from SJ Gems indicates that your order request has been received, but it does not constitute acceptance of your order. Orders are only accepted once they have been processed. SJ Gems reserves the right to cancel any order at its discretion for any reason. If your order is cancelled, your sole remedy will be a full refund of any payment made for the cancelled products.
Privacy
Please review our Privacy Policy which outlines how SJ Gems collects, uses, stores and protects your personal information in compliance with the Protection of Personal Information Act (POPIA). Your personal information will only be processed for the specific purpose for which it was collected and we require your explicit consent for this processing unless another lawful basis applies. You have the right to access, correct or request the deletion of your personal information at any time.
We are committed to maintaining the security of your personal information and have implemented appropriate measures to protect it against unauthorized access, loss or destruction. SJ Gems reserves the right to cooperate with legitimate governmental requests, subpoenas or court orders and may disclose necessary information in such cases as required by law. This right to disclose information will take precedence over any conflicting terms in our Privacy Policy.
Feedback and Submissions
By providing feedback, suggestions, ideas or other submissions to SJ Gems regarding our website, products or services, you agree that such submissions are non-confidential and become the exclusive property of SJ Gems. We reserve the right to use, reproduce and distribute your submissions without any obligation to acknowledge or compensate you. You confirm that you own or have the right to submit this content and that its use will not infringe upon the rights of any third party or cause harm.
Social Media User Content
SJ Gems may request permission to use content you’ve shared on social media, including photos, text and videos for business purposes such as marketing and promotions. By granting permission, you provide SJ Gems with a worldwide, royalty-free, perpetual license to use, modify and distribute your content. You also agree that SJ Gems can use your name and other identifying information in connection with the content. You represent that you own the content and that its use by SJ Gems will not violate any third-party rights or applicable laws.
Please note that the content you share is non-confidential and SJ Gems has no obligation to keep it private. By sharing your content, you consent to the collection, use and transfer of your personal information as described in this clause.
Product Reviews
SJ Gems may offer interactive areas on our website and social media platforms where users can post reviews (“User Content”). By using these areas, you agree to be solely responsible for the content you post. You are prohibited from posting any content that is unlawful, defamatory, infringing on others’ rights or otherwise objectionable. By posting User Content, you grant SJ Gems a non-exclusive, royalty-free, perpetual license to use, reproduce and distribute your content across various media channels.
SJ Gems disclaims any responsibility for User Content posted by third parties and reserves the right to remove any content that violates these terms. Your use of our interactive areas is at your own risk and you are responsible for keeping backups of your content. Any violation of these conditions may result in the suspension or termination of your rights to use our interactive areas.
Disclaimer of Warranties
The SJ Gems website, its content and the products offered are provided on an “as is” and “as available” basis. SJ Gems makes no express or implied warranties regarding the operation of the site or the information, content, materials or products included. Your use of the site is at your own risk and SJ Gems disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not guarantee that the site, its servers or communications are free from errors, viruses or other harmful components.
Limitation of Liability
In no event shall SJ Gems, its directors and employees be liable for any damages arising from your use of our site or products, including direct, indirect, incidental, punitive or consequential damages. This includes, but is not limited to, loss of use, profits, or data, whether in contract, tort, or otherwise, even if SJ Gems has been advised of the possibility of such damages. Our liability will not exceed the amount paid for the product or service in question.
Indemnification
You agree to indemnify, defend and hold harmless SJ Gems and their respective directors, employees and agents from any claims, losses, damages, liabilities, costs and expenses (including reasonable legal fees) arising from your breach of these Terms and Conditions, your use of our site or any violation of the rights of a third party. This obligation applies even if the claim is made against SJ Gems or its representatives and includes any and all legal proceedings, whether they occur in court or in binding arbitration.
Termination
SJ Gems reserves the right, at its sole discretion and without prior notice to terminate your access to and use of the website. This includes the right to block or prevent future access if deemed necessary.
Dispute Resolution
For any disputes arising between you and SJ Gems, we strongly encourage resolving the matter through mediation with the Consumer Goods and Services Ombud (CGSO) as the first step. If mediation does not resolve the dispute, SJ Gems reserves the right to limit legal proceedings to the Small Claims Court or a Magistrate’s Court within the jurisdiction of our office, which is located in Linden, Johannesburg. This limitation is designed to control legal costs and ensure a fair and expedited resolution process.
Furthermore, SJ Gems reserves the right to seek a cost order against any party should litigation proceed. If the matter is eligible for Small Claims Court, the claimant may only pursue their claim in that forum. Should a consumer wish to escalate the matter beyond the Small Claims Court, they must do so in the Magistrate’s Court within our designated jurisdiction, waiving the right to bring the case in a High Court unless required by law.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of South Africa, without regard to its conflict of law principles. Any disputes arising under these Terms shall be