Terms and Conditions
IMPORTANT LEGAL NOTICE
These Terms and Conditions contain provisions that limit the liability of Surita du Toit Fine Jewellery (Pty) Ltd. and allocate risk between the Business and the Customer. By placing an order on this website, you acknowledge that you have read, understood, and agreed to these Terms.
1. DEFINITIONS
"Business" / "we" / "us" refers to Surita du Toit Fine Jewellery (Pty) Ltd., operating from South Africa.
"Customer" / "you" refers to any person or entity purchasing products from the website.
"Products" refers to jewellery and related items offered for sale.
"Website" refers to www.suritadutoit.com.
2. APPLICABILITY & TERRITORIAL SCOPE
These Terms apply to all sales concluded via the Website, whether the Customer is located in South Africa, the United States of America, the United Kingdom, the European Union, Australia, Argentina, or any other jurisdiction worldwide.
Where mandatory consumer protection laws of the Customer’s country provide greater protection than these Terms, such mandatory provisions shall apply to the extent required by law.
3. LEGAL COMPLIANCE
These Terms are drafted to comply with, where applicable:
• South African Consumer Protection Act 68 of 2008 (CPA)
• South African Electronic Communications and Transactions Act 25 of 2002 (ECTA)
• South African Financial Intelligence Centre Act 38 of 2001 (FICA)
• UK Consumer Rights Act 2015
• EU Consumer Rights Directive (2011/83/EU)
• US Federal Trade Commission consumer principles
• Australian Consumer Law (ACL)
• Argentine Consumer Protection Law No. 24.240
Nothing in these Terms excludes rights that may not lawfully be excluded in the Customer’s jurisdiction.
4. PRODUCTS & DESCRIPTIONS
4.1 All Products are handcrafted and may exhibit natural variations in colour, texture, size, weight, gemstones, and finish.
4.2 Product images are illustrative. Minor variations do not constitute defects.
4.3 Measurements and weights are approximate.
5. PRICING & PAYMENT
5.1 Prices are displayed in the currency selected on the Website and are based on prevailing precious metal and material costs at the time the listing was last updated.
5.2 Prices exclude customs duties, import taxes, VAT, GST, sales tax, or similar charges imposed by the destination country.
5.3 The Customer is solely responsible for all import-related charges.
5.4 Payment is processed through secure third-party payment gateways.
5.5 The Business does not store credit card details.
5.6 Precious Metal Price Fluctuations
(a) The Customer acknowledges that precious metal prices (including but not limited to gold, silver, platinum and palladium) are subject to significant market volatility.
(b) In the event that the market price of the relevant precious metal increases by 10% or more within a short period of approximately seven (7) calendar days between:
- the last update of the Product listing price; and
- the date on which the Customer places an order,
or within seven (7) calendar days after order placement but prior to commencement of manufacture, the Business reserves the right, acting reasonably and in good faith, to:
(i) notify the Customer of a revised purchase price reflecting the increased metal cost; or
(ii) cancel the order and issue a full refund of all amounts paid.
(c) Where a revised price is offered, the Customer shall be entitled to accept or decline the revised price within a reasonable time. Failure to respond shall be deemed a decline, and the order may be cancelled with a full refund.
(d) The Business undertakes to review pricing regularly and shall not exercise this right arbitrarily or unreasonably.
(e) This clause does not affect any mandatory consumer rights that may not lawfully be excluded in the Customer’s jurisdiction.
6. ORDER ACCEPTANCE & FORMATION OF CONTRACT
6.1 An order constitutes an offer to purchase.
6.2 A binding contract is formed only once payment is received and the order is accepted by the Business.
6.3 The Business reserves the right to refuse or cancel any order for lawful reasons, including stock availability, pricing errors, suspected fraud, or FICA compliance requirements.
7. FICA COMPLIANCE (SOUTH AFRICA)
As an accountable institution under the Financial Intelligence Centre Act 38 of 2001 (FICA), the Business is required to collect certain information from Customers for qualifying transactions.
7.1 CASH TRANSACTIONS
- Cash received or paid of R50 000 or more (or equivalent foreign currency) must be reported to the Financial Intelligence Centre (CTR).
- “Cash” includes South African legal tender and foreign currency notes customarily used as a medium of exchange, including Krugerrands if treated as legal tender in the transaction.
7.2 ELECTRONIC TRANSACTIONS
- Certain international or cross-border electronic funds transfers of R19 999.99 or more may also require reporting to the FIC (IFTR), depending on regulatory requirements.
7.3 SUSPICIOUS TRANSACTIONS
- Any transaction that appears unusual or suspicious must be reported to the FIC regardless of the amount (STR).
7.4 CUSTOMER INFORMATION REQUIRED
Customers may be required to provide:
• Full legal name
• Identity document or passport
• Residential or business address
• Proof of address (e.g., utility bill, bank statement)
• Source of funds / occupation
• Any additional information reasonably required to comply with FIC reporting obligations
Failure to provide requested information may result in order cancellation or delay.
7.5 DATA PROTECTION
- Personal information collected under FICA will be handled in accordance with POPIA, GDPR where applicable, and other relevant privacy laws.
- Data is collected solely for regulatory compliance, fraud prevention, and audit purposes.
8. PRODUCTION & LEAD TIMES
8.1 Many Products are made to order.
8.2 Production times are estimates only and not guaranteed.
8.3 Delays due to supply shortages, customs issues, force majeure, or courier delays do not constitute breach of contract.
9. SHIPPING & DELIVERY
9.1 Shipping times are estimates and not guaranteed.
9.2 Risk of loss passes to the Customer upon delivery to the courier.
9.3 The Business is not responsible for delays, loss, or damage caused by third-party couriers.
9.4 Customers must ensure accurate delivery information.
10. CUSTOMS, IMPORTS & INTERNATIONAL SHIPPING
10.1 International shipments may be subject to customs inspection.
10.2 The Business is not responsible for delays, seizures, or additional charges imposed by customs authorities.
10.3 Failure to pay customs charges resulting in return or destruction of goods is the Customer’s responsibility.
11. RETURNS, REFUNDS & CANCELLATIONS
11.1 Custom & Made-to-Order Items
Custom-made or personalised jewellery is non-refundable and non-returnable, except where required by mandatory law.
11.2 Ready-to-Wear Items
Returns may be accepted within 7 days (South Africa) or 14 days (EU/UK) of receipt, subject to:
• Item being unused and in original condition, and in original packaging
• Written notice provided within the applicable period
Return shipping costs are the Customer’s responsibility unless otherwise required by law.
11.3 Hygiene & Safety
Returns on earrings and items worn through piercings may be refused for hygiene reasons, where legally permitted, at the discretion of the Business.
12. WARRANTIES & CONSUMER GUARANTEES
12.1 Products are warranted against manufacturing defects for a reasonable period as required by applicable law.
12.2 Normal wear and tear, misuse, accidental damage, improper care, or unauthorised repairs are excluded.
12.3 Jewellery requires ongoing care; guidance provided by the Business must be followed.
13. ALLERGIES & MATERIAL DISCLOSURE
13.1 Jewellery may contain precious metals, alloys, or gemstones.
13.2 The Customer is responsible for determining suitability, including metal sensitivities or allergies.
13.3 No liability is accepted for allergic reactions, except where prohibited by law.
14. LIMITATION OF LIABILITY
To the fullest extent permitted by law:
• The Business shall not be liable for indirect, consequential, or economic loss
• Total liability shall not exceed the purchase price of the Product
Nothing limits liability for death, personal injury caused by negligence, gross negligence, or fraud where such limitation is unlawful.
15. INTELLECTUAL PROPERTY
All content, designs, images, and trademarks remain the intellectual property of Surita du Toit Fine Jewellery (Pty) Ltd. and may not be reproduced without written consent.
16. FORCE MAJEURE
The Business is not liable for failure to perform due to events beyond reasonable control, including but not limited to war, natural disasters, strikes, pandemics, supply chain disruptions, or government action.
17. PRIVACY & DATA PROTECTION
Personal information, including FICA-related data, is processed in accordance with the Business Privacy Policy and applicable data protection laws, including POPIA, GDPR where applicable, and other relevant laws.
18. GOVERNING LAW & JURISDICTION
These Terms are governed by the laws of the Republic of South Africa.
Where mandatory consumer protection laws of the Customer’s country require otherwise, disputes may be resolved in that jurisdiction.
19. DISPUTE RESOLUTION
The Business encourages amicable resolution of disputes. Customers may lodge complaints with relevant consumer bodies in their jurisdiction where required by law.
20. SEVERABILITY
If any provision is found unenforceable, the remaining provisions shall remain in full force.
21. AMENDMENTS
The Business reserves the right to amend these Terms at any time. Updated Terms will be published on the Website.
Are you thinking of getting engaged soon?
Book a free consultation (in person or via Zoom) and let me help you bring your idea to life. Free nationwide door-to-door shipping is included on all orders over R1500.
Frequently Asked Questions
How does it work? Where do I start?
The best place to start is with the gemstone that will be the central feature of the ring because this dictates many of the other proportions of the piece. For a detailed breakdown of the process, click here.
Can I bring my own diamond or other gemstones?
Yes, you are more than welcome to do that. Many people inherit a stone from a family member or would like to reuse a stone they bought on another occasion. That is perfectly fine with me.
What metals do you work in?
I work in all precious metals commonly used for jewellery, so that would be sterling silver, argentium silver, yellow gold and white gold (9K, 14K, 18K), and platinum. For more information on precious metals and the difference between them, click here.
What is the difference between white gold and platinum?
Platinum is an element on the periodic table, a metal in its own right, while white gold is an alloy of pure yellow gold and other metals. Here is a bit of history:
In the late 19th century bench jewellery was revolutionised by the invention of the
pressurised oxygen tank, or liquid oxygen, which for the first time became
commercially available at affordable prices. This led to the development of the
oxyacetylene mixing torch, invented in France by Edmond Fouché and Charles
Picard, and for the first time made possible a flame that could reach the
temperatures required for solid platinum (Pt) jewellery manufacturing.
Platinum quickly emerged as the new darling in the world of fine jewellery, with its
brilliant white colour it complimented white diamonds, which thanks to De Beers
were having a moment at the same time too, and its fantastic tensile strength
made extremely delicate designs possible for the first time in history.
With the end of the Edwardian era and the start of WWI, platinum all but disappeared in
jewellery, due to its usefulness as a catalyst in explosive devices but
experienced a brief period of resurging glory (the Art Deco period) between the
great wars, mostly thanks to the discovery of the Merensky Reef, a platinum
deposit which stretches from northern Gauteng into Mpumalanga and Limpopo.
During WWII the US government declared platinum a metal of strategic importance, and almost
completely banned its use in anything outside of military applications. This
led to the development of a new gold alloy we know today as white gold.
White gold is a mixture of pure yellow gold and other metals such as silver, copper and
zinc, which are common in other gold alloys, but with the addition of palladium
or nickel to bleach out the yellow colour. Because its base is still yellow
metal, it isn’t quite white and is usually plated with another, whiter metal to
create the crisp white finish consumers expect. This used to be done with
rhodium (Rh), but after that metal’s price skyrocketed in recent years, it has
been replaced by other metals.
Nickel alloys have almost completely fallen out of use because most people are
allergic to them. It perseveres in mass production white gold jewellery though,
so be sure to ask before you make a purchase. My preferred alloy contains 10%
palladium. Although the palladium content makes it quite a bit more expensive
than the nickel alloys, it has good tensile strength, is unlikely to cause
allergic reactions, and has a white enough finish for it to still appear white
even without the plating.
Because it contains gold (Au), white gold alloy fineness (purity) is expressed the same
way as yellow gold, in karatage (9K, 14K, 18K) or parts in 1000 (375, 585, 750). In South Africa platinum jewellery is usually 95% pure Pt, with a 5%
copper or ruthenium alloy.
You can read more about the composition of white gold here.
Can I buy a diamond from you?
Yes, I source quality diamonds based on your requirements. During your consultation we can discuss the pros and cons of both natural and laboratory-grown diamonds. I usually call a few options for you to view before making your decision. I do not keep diamonds on the premises for security reasons, so you will need to book this viewing in advance. For more information on how to choose a natural diamond, click here. For more information on laboratory-grown diamonds, click here.
What if I don't want a diamond?
I get you. There are plenty of other options. Moissanite is increasingly popular as a replacement for diamond, and lots of people are opting for coloured gemstones instead. I can source whatever you need. Click here to browse a selection of coloured gemstones I offer on behalf of a third party seller. Like with diamonds you will need to book viewings in advance because I need time to request the stone from the supplier.
What is moissanite?
Moissanite is a man-made gem which has very similar properties to diamond, although not quite as hard. Click here to read more about this affordable alternative.
What other services do you offer?
Other services include remodeling of old jewellery and insurance valuations. For a list of my services, click here.
Can I see some of the things you have made?
My social media accounts are really the best place to see this, but I have a small gallery on the website which you can find here.