Terms of service
Studio Broder Fine Jewellery Design
The terms on which we sell to you.
Who we are
This website and online store at studiobroder.co.za are operated by Studio Broder CC, a close corporation registered in the Republic of South Africa under registration number CK97/21154/23, trading as Studio Broder Fine Jewellery Design ("Studio Broder", "we", "us", "our").
We design and manufacture fine jewellery. Our pieces are hand-crafted, and many are one of a kind.
Our store is hosted on the Shopify platform. All sales are made by Studio Broder directly, not by Shopify.
1. These terms, and your rights under South African law
These Terms of Service, together with our Privacy Policy, Returns, Refunds & Exchanges Policy and Shipping & Delivery Policy, form the agreement between you and us when you use this website or buy from us.
Nothing in these terms limits or excludes any right you have under the Consumer Protection Act 68 of 2008 ("CPA"), the Electronic Communications and Transactions Act 25 of 2002 ("ECTA") or any other law that cannot lawfully be excluded. Where any provision of these terms conflicts with such a right, that right prevails and the conflicting provision does not apply to you.
By using this website or placing an order, you confirm that you have read and accept these terms. If you do not accept them, please do not use the site.
2. Using our site and your account
You must be 18 years or older, or have the assistance of a parent or guardian, to buy from us.
You may be asked to provide information such as your name, email address, delivery address and payment details. You agree that the information you give us is accurate, current and complete, and you agree to keep it up to date.
If you create an account, you are responsible for keeping your login details secure. Please tell us immediately if you believe your account has been used without your permission.
You may not use our site for any unlawful purpose, to infringe anyone’s rights, to send spam or malicious code, to scrape or harvest data, to impersonate anyone, or to interfere with the operation or security of the site.
3. Our products
We make every effort to describe and photograph our pieces accurately. Because our jewellery is hand-crafted, small variations in finish, stone placement and weight are normal and are part of the character of a handmade piece. Colours may also appear differently on your screen depending on your device and its settings.
Where a piece contains laboratory-grown diamonds or other created or treated stones, this is disclosed in the product description. If a description does not say a stone is laboratory-grown, it is a natural stone. If you are unsure about any piece, please ask us before ordering.
Metal content, mass, stone weights, colour and clarity grades and dimensions given in product descriptions are accurate to the best of our knowledge at the time of listing.
Because many of our pieces are unique, stock is limited to a single item. We may change or discontinue any product at any time.
4. Orders
When you place an order, you are making an offer to buy. A contract of sale comes into existence only when we accept your order. We will confirm acceptance by email.
We may decline an order, or cancel it after acceptance, if the item is no longer available, if there has been a pricing or description error, if we cannot authorise your payment, or if we reasonably suspect fraud. If we cancel an order you have already paid for, we will refund you in full, and we will tell you as soon as we can using the contact details you gave us.
If we are unable to supply an item you have paid for because it has already been sold, we will refund you in full together with interest, and we will reimburse you for any reasonable costs you incurred as a direct result, as required by section 47 of the CPA.
5. Prices and payment
All prices are shown in South African Rand (ZAR) and include VAT at 15%. The price you see is the full price payable for the item — there is nothing added at checkout except delivery. Delivery charges are shown to you before you pay and also include VAT.
Studio Broder CC is a registered VAT vendor. VAT registration number: 4020166320. A tax invoice is issued with every order and is available from us on request.
The price that applies to your order is the price displayed at the time you place it, as confirmed in your order confirmation. Prices, discounts and promotions may change at any time before you place an order. Prices online may differ from prices in our store.
We accept payment through Payfast, a South African payment gateway. Payfast processes your card details on its own secure, PCI-DSS compliant systems. We never see or store your full card number. Accepted payment methods are shown at checkout: American Express, Apple Pay, credit card, debit card, GooglePay, instant EFT, Mobicred, Moretyme, Mukuru Cash, SCode, QR Code Apps, SnapScan, Store Card, Zapper. Lay-by is not accepted.
By submitting payment details, you confirm that you are authorised to use the payment method and that the details you have given are correct.
6. Delivery and risk
We deliver within South Africa only. Delivery charges, timeframes and collection arrangements are set out in our Shipping & Delivery Policy, which forms part of these terms.
Delivery timeframes are estimates. Where a delivery date has been agreed and we fail to meet it, you may accept a later delivery or cancel the order and receive a full refund, as provided in section 19 of the CPA.
Risk in the goods remains with us until they are delivered to you and you have accepted delivery. If a parcel is lost or damaged in transit, that is our responsibility and we will replace the item or refund you. Please inspect your parcel on arrival and tell us as soon as possible if anything is wrong.
7. Your right to cancel
Because you are buying online, section 44 of ECTA gives you the right to cancel your order within 7 days of receiving the goods, for any reason and without penalty. If you cancel under this right, the only cost you bear is the direct cost of returning the goods to us, and we will refund the full purchase price.
In addition to that statutory right, we offer a 14-day change-of-mind returns window as a matter of policy. Full details, including how to start a return and which items are excluded, are in our Returns, Refunds & Exchanges Policy.
The 7-day statutory cancellation right does not apply to goods made to your own specifications, as provided in section 42(2) of ECTA. Please see section 8 below.
8. Custom-made and altered pieces
Where we make a piece to your specification, alter a piece for you, or resize a ring at your request, that piece is made to your specifications. Section 42(2) of ECTA excludes such goods from the 7-day cancellation right, and we are not able to accept them back for a change of mind.
This does not affect your rights if the piece is defective, unsafe or does not match the specification you approved. Those rights are set out in section 9.
Where we make or alter a piece to your specification, we will confirm that specification with you in writing before we begin, and we will not start work until you have approved it. Please check it carefully — particularly the ring size — as it is the standard against which the finished piece is measured.
9. Quality, defects and warranty
Under sections 55 and 56 of the CPA, you have the right to receive goods that are of good quality, in good working order, free of defects, and reasonably suitable for the purpose for which they are generally intended.
If, within six months of delivery, a piece fails, is defective or is unsafe, you may return it to us and choose whether we refund you, replace the piece, or repair it. Return and collection in these circumstances is at our risk and expense. This right cannot be excluded or limited by these terms.
Our Returns, Refunds & Exchanges Policy explains how to make a warranty claim, what we treat as a defect, what falls outside the warranty (such as fair wear and tear, accidental damage, or work carried out by another jeweller), and how rhodium plating on white gold behaves over time.
10. Intellectual property
All content on this site — including our designs, photographs, text, graphics, logos and their selection and arrangement — belongs to Studio Broder or our licensors and is protected by South African and international intellectual property law.
You may view and use the site for your own personal, non-commercial purposes. You may not copy, reproduce, republish, distribute, modify or create derivative works from our content, or use our designs or photographs commercially, without our prior written permission.
"Studio Broder" and "Studio Broder Fine Jewellery Design", and our logos, are our trade marks. Shopify’s marks belong to Shopify. All other marks belong to their respective owners.
11. Reviews, feedback and submissions
If you send us reviews, ideas, photographs or other content, you give us permission to use, reproduce and publish that content in connection with our business, without payment. You confirm that the content is yours to share, that it is not unlawful, defamatory, offensive or infringing, and that you have disclosed any incentive you received for providing it.
We may remove or decline to publish any submission. We are not obliged to keep submissions confidential or to respond to them.
12. Third-party links, tools and Shopify
Our site may link to, or embed functionality from, third-party websites and services. We do not control those services and are not responsible for their content, products or practices. Please read their terms and privacy policies before using them.
Our store is hosted by Shopify. Shopify processes information about your use of the site in order to provide the platform to us. Any purchase you make is a contract with Studio Broder, and Shopify is not a party to it.
13. Errors
Despite our care, the site may occasionally contain errors in product descriptions, prices, availability or delivery costs. We may correct such errors at any time, including after you have placed an order. Where an error affects an order you have placed, we will contact you and give you the choice of proceeding at the corrected price or cancelling for a full refund.
14. Suspension and termination
We may suspend or withdraw access to the site, or close an account, where there has been a material breach of these terms or where we reasonably suspect fraudulent or unlawful activity. Doing so does not affect any order already accepted, or any rights that have already accrued to either of us.
15. Availability of the site
We aim to keep the site available and accurate, but we do not guarantee that it will be uninterrupted, error-free or secure at all times, or that general information on the site is complete or current. This does not affect the quality of the goods we sell you, which is dealt with in section 9.
16. Limitation of liability
Subject always to section 51 of the CPA, and to the extent the law allows:
- we are not liable for indirect or consequential loss, loss of profit, or loss of data arising from your use of this site; and
- our total liability arising out of any order is limited to the amount you paid for that order.
Nothing in these terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud, for gross negligence, for any liability under section 61 of the CPA (harm caused by goods), or for any other liability that cannot lawfully be limited.
17. Indemnity
You agree to reimburse us for losses, damages and reasonable legal costs that we suffer as a direct result of your breach of these terms, your unlawful use of the site, or your infringement of someone else’s rights. This does not apply to the extent that the loss was caused by us, and it does not apply where the CPA prohibits such an indemnity.
We will notify you promptly of any claim to which this section applies and give you a reasonable opportunity to participate in its defence.
18. Privacy
We process personal information in accordance with the Protection of Personal Information Act 4 of 2013 ("POPIA"). Our Privacy Policy explains what we collect, why, who we share it with, how long we keep it, and the rights you have. Please read it together with these terms.
19. Complaints and dispute resolution
If something has gone wrong, please contact us first at broderscharein@icloud.com or +27 43 726 0225. We aim to acknowledge complaints within 3 business days and resolve them within 15 business days.
If we cannot resolve your complaint, you may escalate it at no cost to you to:
- the National Consumer Commission — www.thencc.org.za, 012 428 7000; or
- a court of competent jurisdiction, including the Magistrate’s Court in your area.
20. General
If any provision of these terms is found to be unenforceable, the rest remains in force. Our failure to enforce a right is not a waiver of it. These terms, with the policies they refer to, are the whole agreement between us about your use of the site and your purchases. You may not transfer your rights under these terms without our consent; we may transfer ours on notice to you.
21. Governing law
These terms are governed by the law of the Republic of South Africa. You may bring proceedings in any court having jurisdiction, including the Magistrate’s Court in the area where you live or work, as contemplated by section 115 of the CPA.
22. Changes to these terms
We may update these terms from time to time. The current version is always available on this page, with the date it was last updated. Changes do not apply retrospectively to orders we have already accepted.
23. Contact us
Studio Broder CC t/a Studio Broder Fine Jewellery Design
Studio Broder CC (CK97/21154/23) · Terms of Service