Acceptance of Terms
Penchant Design CC permits the use of this Website subject to these terms and conditions (“the Terms and Conditions”). By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions. In the event of any conflict between the Terms and Conditions and any other conditions stipulated elsewhere, including in one of our supplier’s terms and conditions, the Terms and Conditions as contained herein will prevail.
Use of the Website
The contents of this Website, including any content, information, software, icons, text, links, graphics, lay-outs, images, sound clips, trade names, logos, trademarks and service marks are protected by law, including but not limited to copyright and trade mark law, and are owned by or licensed to Penchant Design CC. No license to or right in any of such contents is granted to or conferred upon you. Any unauthorized use, distribution or reproduction of the said contents is prohibited.
By entering this Website, you agree that you will not use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of the Website and that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. In addition, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy the pages of the Website or the content contained herein, without the prior written consent from an authorized Penchant Design CC representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website). You may not use the Website to distribute material which is defamatory, offensive, and unlawful or contains hate speech.
While Penchant Design CC takes reasonable measures to ensure that the contents of this Website are accurate and complete, Penchant Design CC makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of this Website or as to the accuracy, completeness or reliability of any information on this Website. Penchant Design CC reserves the right to make changes, corrections and/or improvements to the information and to the products and programs described in such information, at any time without notice.
Penchant Design CC will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and reserves the right to discontinue providing the Website or the service or any part thereof with or without notice to you.
Any person who accesses this Website or relies on this Website or on the information contained in this Website does so at his or her own risk.
In addition to the disclaimers contained elsewhere in these Terms and Conditions, Penchant Design CC also makes no warranty or representation, whether express or implied, that the information or files available on this Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise or jeopardise the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. Penchant Design CC does not accept any responsibility for any errors or omissions on this Website.
Penchant Design CC has a strong commitment to providing excellent service to all of our customers and visitors of this Website, including respecting concerns about privacy. Penchant Design CC will explicitly ask when we need information that personally identifies you or allows us to contact you (“personal information”). Generally this information is requested when making reservations; when requesting a particular service. You agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
The purposes for which Penchant Design CC will use your personal information are as follows: to transact with you via the website or email regarding purchase and reservation, to provide services to you via our website; to inform you of new features, services, special offers and products (provided you have consented to receiving such marketing material); to enable us to process, validate and verify reservations and requests for services and for the purposes for which you specifically provided the information; to improve your experience on our website.
Penchant Design CC shall be entitled to disclose personal information if required to do so (a) to comply with applicable law or with legal process served on Penchant Design CC; (b) to protect and defend the rights or property of Penchant Design CC, and (c) for the purposes of distributing same to various employees and/or third parties who assist Penchant Design CC in providing services to you and thus need to know your personal information in order to render a proper and efficient service to you. We will ensure that all such employees and/or third party service providers having access to your personal information are bound by appropriate and legally binding confidentiality and non-use obligations in relation to your personal information.
You are aware that information and data is automatically collected through the standard operation of the Internet servers and through the use of “cookies.” “Cookies” are small text files a website can use to recognise repeat users, facilitate the user’s on going access to and use of the website and allow a website to track usage behaviour and compile aggregate data that will allow content improvements and targeted advertising. Cookies are not programs that come onto your system and damage files. Generally, cookies work by assigning a unique number to you that has no meaning outside the assigning site.
WHILST PENCHANT DESIGN CC IS OF INTENT TO TAKE REASONABLE MEASURES TO KEEP PERSONAL INFORMATION ABOUT YOU CONFIDENTIAL, IT SHALL HOWEVER NOT BE LIABLE FOR ANY LOSS OR DAMAGE, HOWSOEVER ARISING, SUFFERED AS A RESULT OF THE DISCLOSURE OF SUCH INFORMATION.
Penchant Design CC will:
• treat your personal information as strictly confidential;
• take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
• promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;
• provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable request; and
• upon your request, promptly return or destroy any and all of your personal information in our possession or control.
We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.
Penchant Design shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/attachment.php?aa_id=3569.
Linked Third-Party Website and Third-Party Content
This Website may contain links or references to other websites outside of our control, including those of advertisers. These Terms and Conditions do not apply to those websites and Penchant Design CC is not responsible for the practices and/or privacy policies of those sites or the cookies those sites use. In addition, because Penchant Design CC has no control over such external sites and resources, you acknowledge and agree that Penchant Design CC is not responsible for ensuring the availability of such external websites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. Your use of such other websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such other websites or your reliance on any information contained on those websites.
Permission for Hyperlinks, Deep Linking, Crawlers and Metatags
Nobody may establish a hyperlink, frame, metatag or similar reference, whether electronically or otherwise (collectively referred to as linking), to this Website or any subsidiary pages before receiving the prior written approval of an authorised representative of Penchant Design CC, which may be withheld or granted subject to such conditions Penchant Design CC may specify from time to time. Furthermore, this Website or any part hereof may not be “framed” or “deep linked” in any way whatsoever. This Website may from time to time contain message boards which allow users to comment on their experience at Penchant Design CC. At times those comments may contain references to matters not related to Penchant Design CC. Those references do not necessarily represent the views of Penchant Design CC.
Limitation of Liability
PENCHANT DESIGN CC SHALL IN NO WAY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL INJURY, LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, ANY MATERIAL OR CONTENT CONTAINED IN THE WEBSITE OR ANY LINKED WEBSITE, OR ANY INABILITY TO USE THE WEBSITE, OR ANY UNLAWFUL ACTIVITY ON THE WEBSITE CAUSED BEYOND THE REASONABLE CONTROL OF PENCHANT DESIGN CC.
YOU HEREBY INDEMNIFY PENCHANT DESIGN CC AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE OR THE RECEIPT BY YOU OF AN ELECTRONIC MAIL FROM PENCHANT DESIGN CC OR ONE THAT PURPORTS TO EMANATE FROM PENCHANT DESIGN CC, UNLESS THE LOSS, CLAIM OR DAMAGE ARISES AS A RESULT OF THE GROSS NEGLIGENCE OF PENCHANT DESIGN CC.
General Terms and Conditions
1.1 Penchant Design CC has the right to request a deposit in circumstances of repair or adjustment services. The client has the right to cancel the service at any time, unless the goods ordered for repair or adjustment services are special-ordered goods. Special ordered goods may not be cancelled and the full charge will be charged for goods already ordered. Penchant Design CC may also charge a cancellation fee for cancellation of other general goods or service. The fee will depend but not limited to the labour for the work carried out up to time of the cancellation, a reassembling fee if required and the cost for all accessories and consumables installed.
1.2 The client has the right on completion of the repair or adjustment service to examine the repair and adjustment service at the premises of the client. Should the jewellery be damaged during the examination thereof as a result of my recklessness or deliberate behaviour, gross negligence or criminal conduct, the client will be liable for the payment of the authorised work and the cost for repair of the damage and indemnify Penchant Design CC for any loss, damage or injury.
1.3 The risk of damage or loss of the jewellery will remain the clients risk after delivery of the jewellery subsequent to the necessary alterations or repair services and Penchant Design CC will only be responsible for any loss, directly or indirectly because of Penchant Design CC’s gross negligence.
1.4. The time and date of completion of the service is an estimate due to availability of parts, possible other additional pre-authorised work to be performed and Penchant Design CC therefore does not warrant the exact dates and times.
Penchant Design CC warrants its customers that the jewellery which have been supplied by the Company and delivered to the Customer shall be free from defects and subject to the following:
The warranty is effective for a period of six months. The date is determined from date of delivery and will the Customer be entitled to either request a refund; replacement or repair of goods if goods are defective within such period;
Penchant Design CC shall not be liable or responsible in any way for any damages of whatsoever nature, including consequential and penal damages, caused by or due to any failure of operation or malfunction of the jewellery, unless such damages can be attributed to any circumstances reasonably within the control of Penchant Design CC.
The warranty shall immediately be rendered null and void in the event of any of the following:
Any alterations or modifications made to the jewellery supplied, without the prior consent of Penchant Design CC;
Failure to use jewellery in accordance with the instructions and specifications of Penchant Design CC; General misuse and abuse of goods by the Client;
Any damage caused by fire, flood, civil disturbance or act of God; o The jewellery supplied have not been inspected by a technical expert in order to evaluate/determine the reason for the defects in the jewellery, before the client requested its replacement, repair or refund.
I, the undersigned, acknowledges the risk involved in the supplying of jewellery by Penchant Design CC and hereby indemnify the supplier against claims for harm/damage cause to me/ due to reasons beyond the reasonable control or unintentional act of any person, whether or not in the employ of the supplier. This will any economical lost pertaining to the harm/damage caused.