privacy

Pearl & Diamond Designs - Privacy Policy

Introduction

This Privacy Policy outlines Pearl & Diamond Designs (" we ", " our " or " the Company ") practices with respect to information collected from users who access our website at [Fill in applicable linkable address] (" Site "), or otherwise share personal information with us (collectively: " Users ").

Grounds for data collection

Processing of your personal information (meaning, any information which may potentially allow your identification with reasonable means; hereinafter " Personal Information ") is necessary for the performance of our contractual obligations towards you and providing you with our services, to protect our legitimate interests and for compliance with legal and financial regulatory obligations to which we are subject.

When you use the Site, you consent to the collection, storage, use, disclosure and other uses of your Personal Information as described in this Privacy Policy.

We encourage our Users to carefully read the Privacy Policy and use it to make informed decisions.

What information we collect?

We collect two types of data and information from Users.

The first type of information is un-identified and non-identifiable information pertaining to a User(s), which may be made available or gathered via your use of the Site (“ Non-personal Information ”). We are not aware of the identity of a User from which the Non-personal Information was collected. Non-personal Information which is being collected may include your aggregated usage information and technical information transmitted by your device, including certain software and hardware information (e.g. the type of browser and operating system your device uses, language preference, access time, etc.) in order to enhance the functionality of our Site. We may also collect information on your activity on the Site (e.g. pages viewed, online browsing, clicks, actions, etc.).

The second type of information Personal Information which is individually identifiable information, namely information that identifies an individual or may with reasonable effort identify an individual. Such information includes:

Device Information: We collect Personal Information from your device. Such information includes geolocation data, IP address, unique identifiers (e.g. MAC address and UUID) and other information which relates to your activity through the Site
Registration information: When you register to our Site you will be asked to provide us certain details such as: full name; e-mail or physical address, and other information.

How do we receive information about you?

We receive your Personal Information from various sources:

When you voluntarily provide us your personal details in order to register on our Site;
When you use or access our Site in connection with your use of our services;
From third party providers, services and public registers (for example, traffic analytics vendors).

What information we collect?

We do not rent, sell, or share Users’ information with third parties except as described in this Privacy Policy.

We may use the information for the following:

Communicating with you – sending you notices regarding our services, providing you with technical information and responding to any customer service issue you may have;
To communicate with you and to keep you informed of our latest updates and services;
To serve you advertisements when you use our Site (see more under "Advertisements");
To market our websites and products (see more under "Marketing");
Conducting statistical and analytical purposes, intended to improve the Site.

In addition to the different uses listed above, we may transfer or disclose Personal Information to our subsidiaries, affiliated companies and subcontractors.

In addition to the purposes listed in this Privacy Policy, we may share Personal Information with our trusted third party providers, who may be located in different jurisdictions across the world, for any of the following purposes:

Hosting and operating our Site;

Providing you with our services, including providing a personalised display of our Site;
Storing and processing such information on our behalf;
Serving you with advertisements and assist us in evaluating the success of our advertising campaigns and help us retarget any of our users;
Providing you with marketing offers and promotional materials related to our Site and services;
Performing research, technical diagnostics or analytics;

We may also disclose information if we have good faith to believe that disclosure of such information is helpful or reasonably necessary to: (i) comply with any applicable law, regulation, legal process or governmental request; (ii) enforce our policies (including our Agreement), including investigations of potential violations thereof; (iii) investigate, detect, prevent, or take action regarding illegal activities or other wrongdoing, suspected fraud or security issues; (iv) to establish or exercise our rights to defend against legal claims; (v) prevent harm to the rights, property or safety of us, our users, yourself or any third party; or (vi) for the purpose of collaborating with law enforcement agencies and/or in case we find it necessary in order to enforce intellectual property or other legal rights.

User Rights

You may request to:

Receive confirmation as to whether or not personal information concerning you is being processed, and access your stored personal information, together with supplementary information.
Receive a copy of personal information you directly volunteer to us in a structured, commonly used and machine-readable format.
Request rectification of your personal information that is in our control.
Request erasure of your personal information.
Object to the processing of personal information by us.
Request to restrict processing of your personal information by us.
Lodge a complaint with a supervisory authority.

However, please note that these rights are not absolute, and may be subject to our own legitimate interests and regulatory requirements.

If you wish to exercise any of the aforementioned rights, or receive more information, please contact our Data Protection Officer (“DPO”) using the details provided below:

Pearl & Diamond Designs

customercare@pddesigns.co.za

Retention

We will retain your personal information for as long as necessary to provide our services, and as necessary to comply with our legal obligations, resolve disputes, and enforce our policies. Retention periods will be determined taking into account the type of information that is collected and the purpose for which it is collected, bearing in mind the requirements applicable to the situation and the need to destroy outdated, unused information at the earliest reasonable time. Under applicable regulations, we will keep records containing client personal data, account opening documents, communications and anything else as required by applicable laws and regulations.

We may rectify, replenish or remove incomplete or inaccurate information, at any time and at our own discretion.

Cookies

We and our trusted partners use cookies and other technologies in our related services, including when you visit our Site or access our services.

A "cookie" is a small piece of information that a website assign to your device while you are viewing a website. Cookies are very helpful and can be used for various different purposes. These purposes include allowing you to navigate between pages efficiently, enable automatic activation of certain features, remembering your preferences and making the interaction between you and our Services quicker and easier. Cookies are also used to help ensure that the advertisements you see are relevant to you and your interests and to compile statistical data on your use of our Services.

The Site uses the following types of cookies:

a. 'session cookies' which are stored only temporarily during a browsing session in order to allow normal use of the system and are deleted from your device when the browser is closed;

b. 'persistent cookies ' which are read only by the Site, saved on your computer for a fixed period and are not deleted when the browser is closed. Such cookies are used where we need to know who you are for repeat visits, for example to allow us to store your preferences for the next sign-in;

c. 'third party cookies' which are set by other online services who run content on the page you are viewing, for example by third party analytics companies who monitor and analyze our web access.

Cookies do not contain any information that personally identifies you, but Personal Information that we store about you may be linked, by us, to the information stored in and obtained from cookies. You may remove the cookies by following the instructions of your device preferences; however, if you choose to disable cookies, some features of our Site may not operate properly and your online experience may be limited.

We also use a tool called “Google Analytics” to collect information about your use of the Site. Google Analytics collects information such as how often users access the Site, what pages they visit when they do so, etc. We use the information we get from Google Analytics only to improve our Site and services. Google Analytics collects the IP address assigned to you on the date you visit sites, rather than your name or other identifying information. We do not combine the information collected through the use of Google Analytics with personally identifiable information. Google’s ability to use and share information collected by Google Analytics about your visits to this Site is restricted by the Google Analytics Terms of Use and the Google Privacy Policy.

Third party collection of information

Our policy only addresses the use and disclosure of information we collect from you. To the extent you disclose your information to other parties or sites throughout the internet, different rules may apply to their use or disclosure of the information you disclose to them. Accordingly, we encourage you to read the terms and conditions and privacy policy of each third party that you choose to disclose information to.

This Privacy Policy does not apply to the practices of companies that we do not own or control, or to individuals whom we do not employ or manage, including any of the third parties which we may disclose information as set forth in this Privacy Policy.

How do we safeguard your information?

We take great care in implementing and maintaining the security of the Site and your information. We employ industry standard procedures and policies to ensure the safety of the information we collect and retain, and prevent unauthorised use of any such information, and we require any third party to comply with similar security requirements, in accordance with this Privacy Policy. Although we take reasonable steps to safeguard information, we cannot be responsible for the acts of those who gain unauthorised access or abuse our Site, and we make no warranty, express, implied or otherwise, that we will prevent such access.

Transfer of data outside the EEA

Please note that some data recipients may be located outside the EEA. In such cases we will transfer your data only to such countries as approved by the European Commission as providing adequate level of data protection, or enter into legal agreements ensuring an adequate level of data protection.

We may use a third-party advertising technology to serve advertisements when you access the Site. This technology uses your information with regards to your use of the Services to serve advertisements to you (e.g., by placing third-party cookies on your web browser).

You may opt-out of many third-party ad networks, including those operated by members of the Network Advertising Initiative ("NAI") and the Digital Advertising Alliance ("DAA"). For more information about this practice by NAI and DAA members, and your choices regarding having this information used by these companies, including how to opt-out of third-party ad networks operated by NAI and DAA members, please visit their respective websites: http://optout.networkadvertising.org/#!/ and http://optout.aboutads.info/#!/.

Marketing

We may use your Personal Information, such as your name, email address, telephone number, etc. ourselves or by using our third party subcontractors for the purpose of providing you with promotional materials, concerning our services, which we believe may interest you.

Out of respect to your right to privacy we provide you within such marketing materials with means to decline receiving further marketing offers from us. If you unsubscribe we will remove your email address or telephone number from our marketing distribution lists.

Please note that even if you have unsubscribed from receiving marketing emails from us, we may send you other types of important e-mail communications without offering you the opportunity to opt out of receiving them. These may include customer service announcements or administrative notices.

Corporate transaction

We may share information in the event of a corporate transaction (e.g. sale of a substantial part of our business, merger, consolidation or asset sale). In the event of the above, the transferee or acquiring company will assume the rights and obligations as described in this Privacy Policy.

Minors

We understand the importance of protecting children’s privacy, especially in an online environment. The Site is not designed for or directed at children. Under no circumstances shall we allow use of our services by minors without prior consent or authorisation by a parent or legal guardian. We do not knowingly collect Personal Information from minors. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us at customercare@pddesigns.co.za

Updates or amendments to this Privacy Policy

We reserve the right to periodically amend or revise the Privacy Policy; material changes will be effective immediately upon the display of the revised Privacy policy. The last revision will be reflected in the "Last modified" section. Your continued use of the Platform, following the notification of such amendments on our website, constitutes your acknowledgment and consent of such amendments to the Privacy Policy and your agreement to be bound by the terms of such amendments.

How to contact us

If you have any general questions about the Site or the information we collect about you and how we use it, you can contact us at customercare@pddesigns.co.za

+27 83 440 0328

Last Modified 7 July 2020

Pearl & Diamond Designs Online Store - Terms and Conditions

General

These are the terms and conditions that apply when you use www.pearlanddiamonddesigns.co.za (‘our website’) to purchase goods from Pearl & Diamond Designs.

Your online profile

When you register a profile on our website, you will be required to select a user name and a password (i.e. your credentials). You will be asked for your credentials every time that you shop online on our website. It is your responsibility to keep your credentials private and secure and not share them with anyone. We accept no liability for any damages or losses that you may suffer from the unauthorised use of your profile.

Payments

Credit card, debit card and EFT payments are accepted for online purchases.

Gift certificates purchased online (issued by Pearl & Diamond Designs) may be redeemed online, whilst gift cards issued in store may be redeemed in store. Gift certificates may not be exchanged or refunded for cash. It is the buyers’ responsibility to keep the gift voucher code private and secure. When redeeming a gift certificate in store, the original certificate must be presented. If you have received a physical gift certificate and would like to spend it on our website or would like to spend your electronic gift card in store, please contact us at info@pearlanddiamonddesigns.co.za and our head office staff will assist you with redemption of the gift certificate.

Items will only be shipped once Pearl & Diamond Designs has received payment for the ordered items.

Cancellation of orders

Orders placed on our website may be cancelled by visiting Your Orders on our website or by emailing info@pearlanddiamonddesigns.co.za.

Cancellations must be received by midnight on the day prior to the date of delivery.

If you cancel your payment for any reason or if your payment card ceases to be valid for whatever reason, you will remain liable for the full purchase price, including all related costs.

Pearl & Diamond Designs reserves the right to cancel orders for the following reasons:

The product ordered is not available in stock.
We cannot manufacture the order in the requested time-frame.
We cannot obtain authorisation for the payment.
Extreme fluctuations in the exchange rate has resulted in it not being economic feasible to fulfil the order.

Any amounts paid to Pearl & Diamond Designs in respect of an order that has been cancelled by Pearl & Diamond Designs shall be refunded to you.

Custom Made Jewellery and Orders

A 50% deposit is payable upfront on all orders for custom made items.

Upon receiving a custom order, Pearl & Diamond Designs will estimate a date of completion. This date is merely an estimate and, wherever possible, any unexpected delays will be communicated to you.

Custom orders are made to your specific requirements and prices may vary from stock prices listed online due to additional designing costs required and varying quality factors of the selected materials.

Half of the 50% deposit paid (that is to say 25% of the total cost) is non-refundable in the event that the order is cancelled.

Returns and exchanges - general

If you are dissatisfied with any item purchased online from our website, you may return it within 14 calendar days from the date of purchase for an exchange or refund.

Pearl & Diamond Designs will conduct exchanges after 14 calendar days from the date of purchase only if there is a material defect in the product. Pearl & Diamond Designs will not exchange items with damage resulting from wear and tear, whether normal or heavy. Damage as a result of heavy wear is usually indicated by dents or scratches on the materials.

Should you request an exchange, the value of the item originally purchased will be applied towards the purchase price of the newly purchased item. Should the value of the originally purchased item be less than the newly purchased item, you will be liable to pay the balance. Should the value of the originally purchased item be more than the newly purchased item, you will be entitled to a refund of the balance.

Please note if you ordered more than one item in an order and only returned part of the original order, only what is returned will be exchanged or refunded, not the whole order.

For hygiene reasons earrings for pierced ears may not be returned or exchanged, unless faulty.

Refunds will not be given for special orders, discounted items or altered items (this includes items that have been engraved).

Pearl & Diamond Designs reserves the right to cancel any sale and/or your registration on our website in the event of a breach of any of the terms of the Terms.

Return options

You may return the item purchased online from our website either to our head office (by courier) or in person to any Pearl & Diamond Design (Gauteng) store. Returns are logged by sending an email to info@pearlanddiamonddesigns.co.za.

Our head office is located at 443 Ontdekkers road, Florida Park, 1709, South Africa. If you choose to return the item to head office by courier, please email us at info@pearlanddiamonddesigns.co.za with the tracking details.

Condition of items returned

The returned item must be accompanied by the original sales receipt, packaging and all certificates.

Unless the returned item is faulty, the returned item must be is in its original, new, unused, saleable condition.

All returns with items containing diamonds over R5 000 at valuation price will be subject to a certified diamond test. Any items failing the certified diamond test will not be refunded. We will immediately notify you should an item fail the certified diamond test and the item will be returned to you.

Processing of refunds

Subject to the inspection of the returned item, refunds will be processed within 10 - 14 calendar days from the date that the returned item has been received at the Pearl & Diamond Designs head office.

The refund may take a few more days to reflect in your account.

Please take note that our online store uses a separate bank account from the physical Pearl & Diamond Design stores. Refunds in respect of items purchased from our online store that are returned to our Pearl & Diamond Designs stores will not be processed in store upon the return of the item. Such items will be sent by the relevant Pearl & Diamond Designs store to head office, from where the refund will be processed, subject to the Terms.

Risk and Ownership

Risk in the purchased item will pass to you or your authorised representative on delivery in circumstances where Pearl & Diamond Designs has received full payment for the purchased item.

In other circumstances, Pearl & Diamond Designs will retain ownership of the item until payment is received in full.

It is your responsibility to inspect the purchased item immediately upon delivery and to inform Pearl & Diamond Designs within a reasonable time should the item be apparently defective or damaged.

Should an item be returned to Pearl & Diamond Designs, you will remain liable for the risk of any theft, loss or damage to the item, until such time as the item has reached the selected Pearl & Diamond Designs store or the Pearl & Diamond Designs head office, depending on the selected return option.

Shipping

Items purchased from our website will be shipped to you at any designated address in South Africa, once Pearl & Diamond Designs has received payment for the item in full. The shipping costs are borne by Pearl & Diamond Designs. As noted above, risk in relation to the purchased item will pass to you upon delivery.

Should an item be damaged or stolen prior to being delivered to you, all related risk will be borne by Pearl & Diamond Designs. Should an item be damaged in these circumstances, Pearl & Diamond Designs should be notified by email to info@pearlanddiamonddesigns.co.za and the item must be returned to Pearl & Diamond Designs. If possible, Pearl & Diamond Designs will repair the item, or replace the item if repair is not possible, at no additional cost to you. Should neither repair nor replacement be possible, you will be refunded.

Pearl & Diamond Designs is not responsible for any incorrect delivery addresses provided to us.

If you require international shipping, kindly contact info@pearlanddiamonddesigns.co.za prior to placing an order. Take note that you may become liable for customs and import duties and other taxes or fees in addition to the purchase price.

Should you return an item purchased on our website to Pearl & Diamond Designs for exchange or refund, any costs incurred to return the item to Pearl & Diamond Designs will be for your account. This includes courier fees, should you elect to courier the item to our head office. Take note that risk in relation to the returned item will pass back to Pearl & Diamond Designs only once the item has been received by Pearl & Diamond Designs, either at head office or at any of the three Pearl & Diamond Designs stores. We therefore recommend that you take out insurance when utilising a courier service.

Should an item be returned to you due to failing the certified diamond test, you will be responsible for any shipping costs incurred to effect the return of the item to you. Payment of shipping fees will need to be done via EFT.

Should you return an item to Pearl & Diamond Designs due to being faulty, but an inspection by Pearl & Diamond Designs reveals that the item is in fact not faulty, you will be responsible for any shipping costs incurred to effect the return of the item to you. Payment of shipping fees will need to be done via EFT Payment.

Pearl & Diamond Designs may debit your payment card for the delivery fees in respect of any late cancellations.

In the event that an item is exchanged, the customer will be liable for shipping fees except where orders (after discounts and promotions) exceed the value of R800.