Conditions of Sale
GENERAL
Please read the following Conditions of Sale, as they apply to sales of all products made on this website (www.kirstendrew.com) as well as our other platforms, such as mobile or digital applications, and sales made by customer care representatives over the phone.
By clicking on Place your order, you agree to our Conditions of Sale, Privacy Policy and Terms of Service, you are considered to be aware of, and in agreement with these conditions. You will also be considered to have agreed to the Conditions of Sale if you place an order with a customer representative. Please note that we will not process any orders until you have indicated your acceptance of these conditions.
The Conditions of Sale may be changed at any time. We therefore request that you check them regularly to ensure you know and understand their contents.
PURCHASING ELIGIBILITY
You may order through Kirsten Drew only if you have reached the age of majority or if you have legal capacity to enter into contracts. If this is not the case, please ask a parent or guardian to place your order on your behalf; otherwise, your order will be considered null and void.
When placing an order with Kirsten Drew, either on our website or through a customer care representative, you agree that you are the end-user and are not purchasing the jewellery with the intention of delivering, selling or distributing it for commercial gain.
PRODUCT AVAILABILITY
All orders are subject to availability.
All orders must be accepted by Kirsten Drew before they are dispatched. We reserve the right to limit the number of items that may be purchased by one customer at a single time, or to change the variety of goods on offer, without prior notice.
Please note that items that do not carry an ‘Add to shopping bag’ icon are not for sale. For further information about these products, please contact info@kirstendrew.com
PRODUCT DESCRIPTIONS
We do our utmost to ensure that all product information, as well as pictures and descriptions thereof, are accurate and complete. This pertains to the colour, dimension and description of all products. However, we cannot take responsibility for any differences which occur as a result of how the product or its attributes are displayed on your computer monitor; nor do we make any guarantees regarding the reliability, accuracy and completeness of information supplied. If you have any queries in this regard, please contact info@kirstendrew.com.
REGISTRATION ON THE KIRSTEN DREW PLATFORM
Customers my select to register and create an online account on our website before making a purchase or to check out as a guest. To do so, you will be asked to provide valid, up-to-date information, including your legal name, phone number and email address, and age. Once you have registered your account, you will be emailed an a link, which allows you to log in and create your permanent user name and password, and your personal information will be confirmed. Please note that you are responsible for keeping all information related to your account safe and secure, including your log in details and password. Kirsten Drew does not accept responsibility for misuse of the account coming about through unauthorised access to these details. You will be asked to provide additional personal information when you place an order, some of which may be used to prevent fraud and ensure security.
If you prefer not to create an online account, you may select the ‘Guest checkout option’. You will be asked if you would like to create an online account once your order has been confirmed; however, you will not be able to view your transaction history.
Our Privacy Policy contains information about the use of your personal information. Personal information provided by customers who choose a ‘Guest Checkout’ option will not be used for any purposes besides processing an order.
When creating your account, you undertake to guarantee that the information provided is true, valid, complete and up to date, and that unless you are purchasing an item as a gift, you are the true end user. Please record any changes to your personal information by logging into your account; alternatively, email info@kirstendrew.com
ORDERS
To order an item, click on the ‘Add to shopping bag’ icon. If you would like to pay for the item and end your session, click ‘checkout’; alternatively, you may add more items to your shopping bag. If you decide that you no longer wish to purchase an item, click ‘X’ to remove it from your shopping bag.
You will be directed to the payments page once you are ready to make your purchase. Here, you will be asked to confirm your personal information and order details, as well as your acceptance of the terms and conditions before you place your order by making payment.
Kirsten Drew reserves the right to refuse, cancel or terminate orders at any time if, for example, you have violated our Conditions of Sale; if you are suspected of fraud or if there is a dispute concerning payment and/or return of a previous order.
By clicking on Place your order, you agree to our Conditions of Sale, Privacy Policy and Terms of Service.
PAYMENTS WITH CREDIT CARD
Payments are processed in ZAR, currency conversions are determined by the bank which issued your card, and cannot in any way be influenced by Kirsten Drew.
Kirsten Drew accepts Visa and MasterCard credit cards.
Please note that customers using their credit cards to pay will be required to submit their payment details on the appropriate form.
Kirsten Drew reserves the right to conduct a validation check on credit and debit card holders, and all purchases must be validated by the issuer of the card. Kirsten Drew will not be held liable if the issuer declines authorisation; nor do we take responsibility for resulting delays or non-delivery. It is the responsibility of the customer to discuss this matter directly with the issuer.
Please note that by submitting an offer to purchase an item through Kirsten Drew, you agree to allow us to perform security checks, and to transmit and gather information to authenticate your identity and validate your credit card.
The amount will be blocked on your card until the security check has been conducted; and will be charged once your order has been approved and the delivery dispatched.
Please note that Kirsten Drew undertakes to keep your personal information as safe as possible through the implementation of administrative, technical and physical measures. While we do our utmost to prevent unauthorised access, disclosure, alteration and destruction, it must be noted that we cannot guarantee the security of any data transmitted over the Internet. We cannot be held liable for the misuse of this information, and transmission thereof remains the responsibility of the customer.
Please check our Privacy Policy (insert link ) for information about the measures in place to protect your personal information.
PAYMENTS MADE WITH PAYFAST
Customers may opt to pay for their order with PayFast using either Visa or Mastercard debit or credit cards.
PAYMENTS MADE WITH PAYPAL
Customers may opt to pay for their order with PayPal.
PAYMENTS MADE BY WIRE TRANSFER
Kirsten Drew does not charge fees on bank wire transfers for purchases; however, the customer’s financial institution may implement such a fee.
All orders paid for with a bank wire transfer must be confirmed via a telephonic order approval process. Moreover, we will not process any orders paid for using this method until payment has been received, even if we have acknowledged your order. Please check your email for confirmation.
Please note that if we have not received your wire transfer payment within 14 (fourteen) days of your order, the order will be cancelled.
REVIEW AND CONFIRMATION
Please review and confirm all details provided on the payment page before concluding your order. You will be asked to confirm these details verbally if you are placing your order with a customer care representative.
ORDER ACKNOWLEDGMENT
We will send you an Acknowledgement of Order by email once you have placed your order. Please save this important email as it contains your order reference number, which you will use should you have any queries pertaining to your order. It also contains the Conditions of Sale, which must be read carefully and fully understood.
Please note that this email does not serve as an acceptance of your order, which will be processed only once we have conducted all necessary checks, including anti-fraud, security and credit checks, amongst others.
CONFIRMATION OF ORDER
Once we have completed our anti-fraud, credit and security checks, we will email your Confirmation of Order, which serves as a binding sales contract. At this point, we will ship your order.
PROOF OF AGREEMENT
When you can access the Acknowledgement and Confirmation of Order on your device, they are deemed to have been received, and will be considered proof of a binding sales contract.
REPAIRS
We take pride in offering beautiful items of the highest quality, sustainably sourced and crafted with immense care. However, if your Kirsten Drew piece requires repair, please contact info@kirstendrew.com. Our Repair Representative will be in touch to evaluate the item, as each repair is handled on an individual basis. We will request a photograph so that we can determine whether the damage is the result of a factory fault and, if this is the case, we will be happy to handle the repair. Please ensure that your item is insured at retail value. Kirsten Drew cannot be held responsible for losses or missing stones.
Any pieces that has been delivered broken will repaired at no cost. Please inform the repairs department (info@kirstendrew.com) immediately with photos of the item and a repair form will be sent to you. The item must be returned within 8 (eight) days of receipt. We will replace the faulty product, if the product is no longer available, we may suggest an exchange for a product. If you opt for a more expensive product, you will be charged only the difference in price, and Kirsten Drew will deduct the original cost. To Repair/ Return a product, please email info@kirstendrew.com. We will respond with a Repair Authorisation Number, which is necessary to make the return. You will also be required to supply addition information on the return/exchange form. We will supply a shipping waybill, which may be affixed to the sealed package. Please be sure to use no other waybill, besides that which has been issued to you.
Please note that customers who repeatedly return items or cancel orders will be considered in violation of our Conditions of Sale. We reserve the right to refuse future orders and close your account.
COMPLIMENTARY SERVICES
We are proud to offer the following complimentary services:
Gift wrap:
All packages are presented in a branded Kirsten Drew box, placed inside a branded Kirsten Drew bag. You may personalise your order with the addition of a gift note, which will be printed on a branded Kirsten Drew card. Please note that we reserve the right to reject any message which may be deemed offensive or which we believe is not congruent with the Kirsten Drew brand.
Engraving:
We offer an engraving and embossing service on rings and other items where this is appropriate. These are noted as items that can be engraved on the website, which also contains information about possible placement and the number of characters that may be included. If you would like to take advantage of this service, please provide details on the platform or to a customer care representative at the time of order. Please note that we do not accept engraved or embossed products for exchange or refund.
Gifts:
If you have purchased a Kirsten Drew product as a gift, you may request for your invoice to be sent via email, where it will be included as a PDF attachment. Although you may request for a jewellery valuation to be sent to the recipient (which we highly recommend, for insurance purposes). Please include your own contact details should you wish duties and taxes to be for your own account, rather than the recipient.
RETURNS AND EXCHANGES
Please note the following terms and conditions, which apply to all returns and exchanges. Returns which do not comply with these terms and conditions may be rejected by Kirsten Drew and sent back to the recipient or purchaser.
Items marked as ‘final sale’ may not be returned or exchanged. Other items which may not be returned, include items that have been embossed, engraved, personalised, made according to special order or otherwise customised, items showing signs of wear, items which have been marked down, or gift receipts.
Kirsten Drew reserves the right to retain any such products which have been submitted for return or exchange, without issuing a refund or credit.
Please submit a receipt or proof of purchase with your return. Items must be in the original packaging.
Returns must be made within eight days following delivery. To return a product, please email info@kirstendrew.com. We will respond with a Return Authorisation Number, which is necessary to make the return. You will also be required to supply additional information on the return/exchange form. We will supply a shipping waybill, which may be affixed to the sealed package. Please be sure to use no other waybill, besides that which has been issued to you.
You are responsible for contacting DHL to collect the parcel or for delivering it to DHL. You will also be responsible for return shipping costs and for parcel insurance. We strongly recommend the latter, as Kirsten Drew will not be held responsible for any loss or damage which may take place when an item is shipped back for return.
Please retain your proof of return shipment along with your DHL tracking number, as Kirsten Drew cannot accept responsibility if these documents cannot be produced.
We will grant your exchange once we have received the product and are satisfied that it is eligible for return. Please note that we will not accept products that show signs of wear and tear or use, which are no longer in their original condition, or which do not meet our requirements for quality control.
Unfortunately we are unable to refund Tax and Duties paid.
Exchanges (if applicable) Only items which are damaged upon arrival will be replaced. Please contact info@kirstendrew.com if you seek a replacement.
Any product which is deemed eligible for return may be exchanged for another Kirsten Drew item. Should you wish to make an exchange, please do so within 14 (fourteen) days of delivery. Please also make sure that your product is eligible for return, according to the above terms and conditions.
We will then issue an invoice (attached as a PDF to an email), detailing the value of the returned product and the price of the item which has been requested for exchange. If the new item is more expensive than the original purchase, the customer will be required to pay the difference. If it is less expensive, the customer (or gift recipient) will receive a voucher, merchandise or gift receipt to the value of the price difference.
Please note that it may take some time for your exchange item to reach you, depending on where you live.
REFUNDS
Customers are entitled to a full refund if their product cannot be repaired or replaced. This refund will be made within 30 (thirty) days of the original purchase.
The refund process commences once we have received your returned item, whereupon we will email you confirmation of receipt. We will then inspect the product, notifying you whether your application for a refund has been accepted or rejected. In the case of the former, a credit will be applied to your credit card or original payment method.
Late or missing refunds (if applicable) Refunds are typically processed seven working days after the item has been returned and inspected. Please note that it may take some time for your refund to reflect in your bank account. If it seems that this is taking longer than usual, please consult your credit card company, as the delay may originate from their side. You may also consult your bank, as processing the refund may take some time. If you have asked both of these parties and have not received a satisfactory answer, please contact us at info@kirstendrew.com.
Please note that we will not grant a refund to anyone besides the original purchaser, and will not place a refund on the card of any other cardholder. The refund will not, therefore, be paid to a gift recipient.
Please note that the cost of shipping an item for return will be deducted from your refund, as the customer remains responsible for this cost, along with parcel insurance (unless the returned item is damaged or defective).
Sale items (if applicable)
Please note that we do not offer refunds on sale items.
Gifts: Should you wish to return an item that was gifted to you, we will issue you with a gift voucher to the value of the original item. We will then email you a gift certificate, once we have received the returned item. Refunds if applicable may only be made directly to the original customer. Please note that we will not grant a refund to anyone besides the original purchaser, and will not place a refund on the card of any other cardholder. The refund will not, therefore, be paid to a gift recipient.
DELIVERY
Please note that stock availability may change; however, if the piece you wish to purchase is out of stock, we will happily refund you. Alternatively, you may select a different piece for the same price.
We offer free shipping anywhere within South Africa. Fees for international delivery vary according to the destination and shipping method. We will provide a quote when you place your order. Free shipping applies to orders over $1000.
Please note that orders placed on a Friday, Saturday or Sunday or public holiday within the Republic of South Africa will be processed and delivered the following working day. Please allow extra time for deliveries over weekends, holidays and other busy periods.
Please note that, at this stage, we are unable to make deliveries to multiple addresses. Please place orders for different locations separately.
Please note that we deliver only to street addresses. We do not deliver to PO boxes, APO addresses or Aramex addresses.
MY ORDER HASN'T ARRIVED
This is most likely because of processing delays or examinations at customs. Unfortunately, we cannot be held responsible for factors outside of our control, which is why the delivery times provided are an estimate only. Please contact your carrier for more information, using the waybill number provided to track your product. Please email info@kirstendrew.com should you need further assistance.
RESTRICTIONS
Please contact info@kirstendrew.com to confirm that we deliver to your country, as there are certain destinations where we are unable to ship orders. If this is the case, please select an alternative delivery destination.
Please note that we deliver only to street addresses. We do not deliver to PO boxes, APO addresses or Aramex addresses.
If you live in the Middle East and have selected standard shipping, please provide a PO box address, as DHL will not deliver to residential or business addresses in the United Arab Emirates, Saudi Arabia, Oman and Qatar.
Please note that we are unable to deliver items to Russia and North Korea.
TRACKING YOUR ORDER
Once we have dispatched your order, you will receive an email containing all relevant information, including a link which enables you to track your delivery.
Please note that we may need to confirm your details with the bank that has issued your card before we can dispatch your order. We undertake to do this as quickly as possible.
We strive to keep all delays to a minimum, but we are not responsible for delays relating to customs.
DELIVERY AND INSURANCE OF YOUR PURCHASE
Your order is insured against theft and accidental damage during delivery; however, this insurance ends once your items have been delivered.
We will make two attempts to deliver your package to the specified address should you not be available at the time of delivery.
CUSTOMS DUTIES AND SALES TAX
All prices quoted, whether on this website or by a customer care representative, are in US dollars. Currency conversions are determined by the bank which issued your card, and cannot in any way be influenced by Kirsten Drew.
Please note that prices exclude customs duties and local taxes, as these vary according to the shipping destination and are calculated at check out. This is not an additional charge imposed by Kirsten Drew. Please note that we cannot influence duties and tax, as these are governed by the custom laws of your country. These are among the terms and conditions you accept when making a purchase. Should you refuse to pay customs or duties, your item will be returned to us and you will receive a refund, less shipping costs and any other expenses incurred.
LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, we disclaim and exclude all other terms, conditions and warranties in relation to the products and any orders placed through the website or customer care representative, whether express or implied by statute or otherwise or arising from any previous course of dealing or usage or trade practice.
Nothing in these Conditions of Sale limits or excludes our liability for any liability which cannot be limited or excluded by applicable law. Subject to the preceding sentence, our aggregate liability to you under these Conditions of Sale for any order whether in contract, delict/tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages shall in no event exceed the price of the product(s) in your order.
GENERAL PROVISIONS
If any provision, or part of a provision, of these Conditions of Sale is deemed to be illegal, invalid or unenforceable, the remainder of the provisions of these Conditions of Sale shall be unaffected and shall continue to be fully valid, binding and enforceable.
These Conditions of Sale (and associated terms incorporated by reference) constitute the entire agreement between you and us in relation to the order of products or services, and replace and extinguish all prior agreements, draft agreements, arrangements, undertakings, or collateral contracts of any nature made by the parties, whether oral or written, in relation to such subject matter.
We are not responsible for any failure or delay in performing or complying with our obligations under these Conditions of Sale which arises from any cause beyond our reasonable control.
The waiver by us of a breach of any provision of these Conditions of Sale will not operate to be interpreted as a waiver of any other or subsequent breach.
This contract is between us and you. No other person shall have any rights to enforce any of its terms. However, if you purchase a product as a gift, the recipient of your gift will have the benefit of the applicable Kirsten Drew Guarantee.
GOVERNING LAW
These Conditions of Sale shall be governed by and construed in accordance with the laws of the Republic of South Africa. In the event of a dispute of these Conditions of Sale, any competent division of the High Court of the Republic of South Africa will have jurisdiction.