1. Introduction

1.1. This website can be accessed at www.12amstudio.com, related mobi-sites and software applications (the “Website”) and is owned and operated by 12AM STUDIO (Proprietary) Limited (“12AM STUDIO”, “we”, “us” and “our”).

1.2. These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Goods, and the use of the Website.

1.3. These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”). By using the Website and by clicking on the “Register Now” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.

1.4. The Website enables you to shop online for an extensive range of jewellery (“Goods”).

1.5. 12AM STUDIO does not allow third party sellers to list and sell their Goods on the Website. This will be made clear in the relevant clause.

2. Important Notice

2.1. These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).

2.2. These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –
2.2.1. may limit the risk or liability of 12AM STUDIO or a third party; and/or
2.2.2. may create risk or liability for the user; and/or
2.2.3. may compel the user to indemnify 12AM STUDIO or a third party; and/or
2.2.4. serves as an acknowledgement, by the user, of a fact.

2.3. Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.

2.4. If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask 12AM STUDIO to explain it to you before you accept the Terms and Conditions or continue using the Website.

2.5. Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or 12AM STUDIO in terms of the CPA.

2.6. 12AM STUDIO permits the use of this Website subject to 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.

3. Registration and use of the website

3.1. Only registered users may order Goods on the Website.

3.2. To register as a user, you must provide a unique username and password and provide certain information and personal details to 12AM STUDIO. You will need to use your unique username and password to access the Website in order to purchase Goods.

3.3. You agree and warrant that your username and password shall:
3.3.1. be used for personal use only; and
3.3.2. not be disclosed by you to any third party.

3.4. For security purposes you agree to enter the correct username and password whenever ordering Goods, failing which you will be denied access.

3.5. You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms and Conditions.

3.6. You agree to notify 12AM STUDIO immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.

3.7. By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.

3.8. You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised 12AM STUDIO representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).

3.9. You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.

3.10. You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised 12AM STUDIO representative.

4. Conclusion of sales and availability of stock

4.1. Registered users may place orders for Goods, which 12AM STUDIO may accept or reject. Whether or not 12AM STUDIO accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation the price) and receipt of payment or payment authorisation by 12AM STUDIO for the Goods.

4.2. NOTE: 12AM STUDIO will indicate the acceptance of your order by delivering the Goods to you or allowing you to collect them, and only at that point will an agreement of sale between you and 12AM STUDIO come into effect (the “Sale”). This is regardless of any communication from 12AM STUDIO stating that your order or payment has been confirmed. 12AM STUDIO will indicate the rejection of your order (by 12AM STUDIO itself) by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.

4.3. Prior to delivery or your collection of the Goods, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. After delivery or your collection of the Goods, you may return the Goods only in accordance with the Returns Policy.

4.4. You acknowledge that stock of all Goods on offer is limited and that pricing may change at any time without notice to you. In the case of Goods for sale by 12AM STUDIO, 12AM STUDIO will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When Goods are no longer available after you have placed an order, 12AM STUDIO will notify you and you will be entitled to a refund of any amount already paid by you for such Goods.

5. Payment

5.1. We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology through our paygate service, Netcash.

5.2. Whether the Goods are for sale by 12AM STUDIO, payment can be made for Goods through our paygate service, via –
5.2.1. debit card;
5.2.2. credit card: where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the Goods will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the Goods. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;

5.2.3. Instant EFT;

5.2.4. 12AM STUDIO Vouchers and Coupons; 12AM STUDIO may from time to time make physical or electronic gift vouchers (“Gift Vouchers”) and promotional coupons or discounts (“Coupons”) available for use on the Website towards the purchase of 12AM STUDIO Goods. Gift Vouchers and Coupons can only be redeemed while they are valid and their expiry dates cannot be extended.

5.3. 12AM STUDIO will not accept your order if payment has not been received and/or cleared.

5.4. Once you have selected your payment method you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.

5.5. If you wish to purchase any product made available through the website (each such purchase, a “Transaction”), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address and your shipping information.

5.6. You grant 12AM STUDIO the right to provide information you provided in connection with the Transaction to third parties (Netcash) for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

5.7. Site Transactions- We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

5.8. Risk of Loss- Except as otherwise set forth herein, the risk of loss for and title to products purchased from 12AM STUDIO passes to the purchaser upon delivery to the carrier.

5.9. Limited 90-day Warranty: 12AM STUDIO will repair any breakage caused by manufacturer defect within 90 days of receipt of purchase at no cost. Repairs needed after 90 days of receipt, or caused by misuse or typical wear and tear, will incur an additional repair charge.

6. Delivery of goods

6.1. 12AM STUDIO offers 2 (two) methods of delivery of Goods to you. You may elect delivery via:
6.1.1. courier; or
6.1.2. self-collection.

6.2. Where it accepts your order, 12AM STUDIO will deliver the Goods to you as soon as reasonably possible, but no later than 30 (thirty) days of receipt of your payment (“Delivery Period”). We will notify you if we are unable to deliver the Goods during the Delivery Period. You may then, within 7 (seven) working days of receiving such notification elect whether or not to cancel your order for the Goods. If you elect to cancel your order, we will reimburse you for the purchase price.

6.3. 12AM STUDIO’s obligation to deliver a product to you is fulfilled when we deliver the product to the physical address nominated by you for delivery of the order. 12AM STUDIO is not responsible for any loss or unauthorised use of a product, after it has delivered the product to the physical address nominated by you.

6.4. Most items ship immediately, provided the item(s) is in stock. If an item(s) is sold out or on backorder, our concierge will contact you with an estimated delivery date. All personalised orders placed for production will take 10-12 working days to receive. If your order is ready before the estimated date, the item will ship as soon as it is complete. You will receive an email once your order ships with tracking information and an estimated delivery date.

6.5. Returns and shipping insurance lies solely with the responsibility of the buyer.

6.6. More information on our shipping guidelines can be found [here].

7. Returns

7.1. More information on our Returns Policy can be found [here].

8. Errors

8.1. We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy.


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