TERMS & CONDITIONS

These terms and conditions apply to the Bresco Diamonds web site (Site): www.brescodiamonds.co.za. Please read these terms and conditions carefully.

By using this site, you agree to be bound by these terms and conditions.

These Terms and Conditions govern your use of, and any purchase from, Bresco Diamonds, and constitute an agreement between you and Bresco Diamonds. We reserve the right to change or modify any of these Terms and Conditions or any policy or guideline of the Site at any time, and in our sole discretion. Any change or modification will be effective immediately upon posting of the revisions on the Site. Your continued use of the Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review these Terms and Conditions and any other applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, you must stop using the Site.

Buying with Confidence

As members of the Jewellery Council of South Africa (JCSA), we endeavour to adhere to, support and promote the JCSA Code of Conduct – http://www.jewellery.org.za/buying-with-confidence/

Warranty

At Bresco Diamonds, we subject each of our products to rigorous standards of quality. Each piece is manufactured using only the most premium materials and methods of craftsmanship. We carefully inspect each item to ensure that it meets our strict criterion before shipping it to you.

Due to the nature of our business and the fact that all designs are crafted to order and according to your requested specifications, purchased items cannot be returned and money cannot be refunded. Section 20 of the Consumer Protection Act (Act No. 68 of 2008) provides for special circumstances under which goods cannot be returned. These circumstances apply to hand-made and customised goods such as jewellery made to order. While your item cannot be returned for the refund we will do our best to accommodate your modification or repair and in accordance with our warranty.

In the rare event that you find an imperfection or defect, please contact us immediately via telephone, e-mail, or visit our retail store. We will provide you the return instructions for your purchased item.  If the defect is determined to have occurred during the manufacturing process, we’ll replace or repair the item at no cost to you. If we determine that the damage was due to normal wear-and-tear, we will quote you and repair the product at cost. We cannot guarantee the work of another jeweller who may have worked on your jewellery item. (Please note we do not replace lost or missing diamonds and gems from rings or settings.)

When sending an item back to us for service or repair please address all packages to:

Bresco Diamonds

Shop 45, Glenfair Boulevard

3 Daventry Street

Lynwood Manor

Pretoria

0081

 Product Availability and Pricing

Data, including prices, may be inaccurately displayed on our Site due to system or typographical errors. While we make every attempt to avoid these errors, they may occur. We reserve the right to correct all errors when they do occur. If a product’s listed price is lower than its actual price, we will, at our discretion, either contact you for instructions before shipping the product or cancel the order and notify you of such cancellation. Our prices are also subject to change without notice due to R/$ exchange rate fluctuations or precious metals price fluctuations on the international markets. If you have any questions, please do not hesitate to contact us at:

info@brescodiamonds.co.za or

+27 12 998 3150

Payment Options & Shipping

All transactions will be processed in South African Rands (ZAR) and are inclusive of VAT. We endeavour to offer you competitive prices on current products; your total order price will include the price of the purchase plus any applicable sales tax and shipping charges (on the day of shipping). Shipping is free in South Africa.

Diamond Certificates

When you order a loose diamond, we ship it to you with the accompanying diamond grading report (also called a diamond certificate). These grading reports are detailed documents created by diamond grading experts at highly-respected diamond laboratories – making it expensive to replace a diamond grading report. Please note that we require each diamond grading report to be included with each returned diamond. If you do not include the diamond grading report with your return, you will be charged a replacement fee.

Information on Our Site

We make every attempt to ensure that our online catalogue is as accurate and complete as possible. To give you the opportunity to view our products in great detail, some products may appear larger or smaller than their actual size in our pictures; and since every computer monitor is set differently, colour and size may vary slightly.

Our objective is to provide you with as much information and detail about your prospective purchase as possible so that you can see the beauty and shape of a particular item. In compliance with industry standards, carat total weight on all purchases may vary 0.05 carats from stated weight. Where we provide the measurement of our products based on our manufacturing specifications, slight tolerances may be accounted for based on finishing during the manufacturing. Width tolerance on machine made wedding bands of 0.20mm is allowed. Cast manufactured rings can vary slightly more. For gemstone and pearl measurements, a tolerance of 0.25mm is allowed. For diamond jewellery set with multiple diamonds, we provide the approximate total carat weight for the piece. Colour and clarity grades are expressed as either a minimum or an average depending on the number of diamonds. If stated as a minimum, all diamonds within the piece are at or above the stated quality. If expressed as an average, collectively the quality is equal to or exceeds the grade stated.

Policy on Ethical Sourcing

At Bresco Diamonds, we only purchase diamonds through the most respected suppliers who, like us, proudly adhere to and enforce the standards established by the Kimberley Process, an international system that polices the trade of diamonds to ensure they are from sources free of conflict.

Site Content

The Site and all content and other materials, including, without limitation, our logos, and all designs, text, graphics, pictures, selection, coordination, ‘look and feel’, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “Site Materials”) are the proprietary property of Bresco Diamonds and are protected by copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Disclaimer of Warranty

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY BRESCO DIAMONDS, THIS SITE, THE CONTENT CONTAINED THEREIN, AND THE PRODUCTS AND SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE “PRODUCTS AND SERVICES”) ARE PROVIDED ON AN “AS IS” BASIS. WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT, AND MATERIALS IN OUR SITE. BRESCO DIAMONDS DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN OUR SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WE DO NOT REPRESENT OR WARRANT THAT OUR SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

IN NO EVENT SHALL BRESCO DIAMONDS, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR SITE, THE PRODUCTS AND SERVICES, OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH OUR SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CASED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM OURSELVES, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO BRESCO DIAMONDS’ RECORDS, PROGRAMS OR SERVICES.

Applicable Law and Venue

These Terms and Conditions and your use of this site will be governed by and construed in accordance with the laws of South Africa, applicable to agreements made and to be entirely performed within South Africa, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms and Conditions shall be filed only in the Republic of South Africa and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of your use of this site, any purchase from this site, or these Terms and Conditions.

Modification and Notice

You agree that Bresco Diamonds may modify these Terms and Conditions and any other policies on our Site at any time and that posting the modified Terms and Conditions or policies on our Site will constitute sufficient notice of such modification.

Severability

If any provision of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.

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Bresco Diamonds (Pty) Ltd

Shop 45, Glenfair Boulevard

3 Daventry Street

Lynwood Manor

Pretoria

0081