“the Company” means Skorter Jewellery Studio T/A SA Jewellery Reg No: 1993/010463/23 or any of its holding, subsidiary, associated or affiliated companies, their successors in title and assigns.
“the Customer” means any person at whose request or on whose behalf the Company undertakes any business or provides any advice, information or services, whether gratuitous or not.
All and any business undertaken or advice, information or services provided by the Company, is undertaken or provided subject to these trading terms and conditions.
These trading terms and conditions shall prevail over those of any Customer or other party with whom the Company contracts, even if any applicable terms and conditions contain a clause similar in meaning and intention to this one, or if such terms and conditions were concluded at any other time.
Where these trading terms and conditions are inconsistent with any applicable tariff, these trading terms and conditions shall prevail.
CREDIT TERMS & CONDITIONS
Payment terms: 30 days from date of invoice.
The Applicant shall be liable to pay interest 3.75% per month on all overdue amounts compounded monthly.
The Individual signing Business Account Agreement on behalf of the Customer warrants that he/she has the necessary authority to bind the Customer. In the event that it transpires that the said signatory did not have the necessary authority, then in that event, the said signatory will be liable for all the obligations of the applicant, in his/her capacity as co-principal debtor.
In addition, the signatory hereto binds him/herself as surety and co-principal debtor, entitling the Company to recover payment from him/her in his/her personal capacity in the event that the applicant fails to tmeously pay any amount due.
The signatory in his/her capacity as surety hereby renounces all benefit arising from or out of the legal exceptions which may be applicable namely the benefits of "excussion", "division", "cession of action", "non causa debiti", "no value received" and "errori calculi", with the meaning, force and effect whereof the signatory acknowledges him/herself to be fully acquainte.
No relaxation or indulgence granted to the applicant by the Company at any time, shall be deemed to be a waiver of any of its rights in terms hereof, and such relaxation or indulgence shall not be deemed a novation of any of the terms and conditions set out herein, or create any estoppel against the Customer.
The Customer warrants that all the information contained in this credit application form is true and correct. The Customer (and co-principal Debtor with the Customer) agreed that Company may monitor all my information, instruction and transaction relating to this agreement continuously, contact any credit bureau, the SA Freud Prevention Service, Crooks - SA Jewellery and Diamond Industry Database and any other person or institution I deal with to get and share information about my credit profile or payment history and report to above institutions any incorrect information I have given and the information about my unpaid account.
The Customer indemnifies the Company and against any all legal costs (on an attorney and own client scale), including tracing agency fees and collection charges incurred by the Company and in the event that it instructs attorneys to recover any amounts owing to it by the Customer. Our terms provide that in the event of this account remaining unpaid and being referred to a debt collection agency and/or law firm, Attorney and Client cost and legal demand costs or any other related costs will be added to the account.
The Customer nominates its Physical address set out above as its chosen domicilum citandi et executandi for service of any legal notices, pleading or documents.
Any agreement purporting to vary the terms of Business Account Application, or any consensual cancellation, shall not be valid unless reduced to writing and signed by both the Applicant and the Creditor.
The Company is not obliged to obtain insurance in respect of the Goods, and is not obliged to procure any insurance cover for and on behalf of the Customer.
We deploy all efforts to protect the private nature of your personal/business information.
We will not, in any circumstances, share or sell your personal/business information with other organizations without your permission, including public organizations, corporations or individuals.
EXCHANGES AND RETURNS POLICY
No return or exchange after 14 days of your purchase.
All returned items need to be unused and in perfect original condition, with swing/ price/ care tags attached and in their original packaging.
Items under warranty may be subject to assessment or repair if returned as faulty.
Please allow 7 working days from the day your return is processed for your account to be credited.
DOMICILIUM AND NOTICES
The Customer’s physical address as set out in the credit application form or, failing which, on the Customer’s most recently reviewed letterhead or, failing which, the Customer’s registered or physical address, shall constitute the Customer’s domicilium citandi et executandi for all purposes in connection with any agreement entered into by the Customer and the Company, unless the Customer provides an alternative domicilium by written notice to the Company.
No variation of these trading terms and conditions, including this clause, shall be binding on the Company unless it is in writing and signed by a duly authorized director and prescribed officer of the Company, which director and prescribed officer must have the actual authority to vary these terms and conditions.
Any purported variation or alteration of these trading terms and conditions otherwise than described above shall be of no force and effect.
No extension of time or waiver or relaxation of any of these trading terms and conditions shall operate as an estoppel against the Company or the Customer in respect of its rights under these trading terms and conditions, and shall not preclude the Company or the Customer from thereafter exercising its rights strictly in accordance with these trading terms and conditions.
LAW AND JURISDICTION
These trading terms and conditions and all agreements entered into between the Company and the Customer pursuant thereto and on the terms thereof shall be governed by and construed in accordance with the laws of the Republic of South Africa.
The Customer hereby consents to the non-exclusive jurisdiction of the High Court of South Africa, South Gauteng Local Division, Johannesburg, exercising its Admiralty Jurisdiction.