Policies
Terms and Conditions
Effective Date: 8 November 2024
Welcome to FM Design by using our website and purchasing our products, you agree to comply with the following terms and conditions. Please read them carefully before placing an order. If you do not agree, you may not access or use our services.
1. General Information
1.1. www.fmdesign.co.za(“we,” “us,” “our”) operates this website.
1.2. By accessing the website, you confirm that you are at least 18 years old or have obtained consent from a legal guardian.
1.3. These Terms apply to all users, including visitors, customers, and merchants.
2. Products and Customization
2.1. All our products are handmade and may have slight variations in design, colour, and dimensions.
2.2. Custom orders are made based on the design specifications provided by the customer. It is the customer’s responsibility to ensure that all provided information is accurate.
2.3. We reserve the right to refuse designs that are offensive, violate copyrights, or are technically unfeasible.
3. Ordering Process
3.1. Orders must be placed through our website.
3.2. Full payment is required at the time of purchase.
3.3. Once a custom order is placed, cancellations or changes can only be made within 24 hours. After this period, the design process begins, and orders are non-refundable.
4. Pricing and Payment
4.1. All prices are listed in ZAR and include applicable taxes unless otherwise stated.
4.2. We accept payment through EFT or cash.
4.3. Prices are subject to change without notice due to fluctuating exchange rates and other commodities eg gold.
5. Shipping and Delivery
5.1. We offer local shipping. Please note that times and costs vary depending on the destination and selected shipping method.
5.2. Risk of loss and title for items pass to the customer upon delivery to the carrier.
6. Returns and Refunds
6.1. Custom-made jewellery is non-refundable unless defective or damaged upon delivery.
6.2. For non-custom items, returns must be initiated within [Insert Timeframe] of receipt, and items must be in their original condition and packaging.
6.3. Refunds for approved returns will be issued to the original payment method, excluding shipping costs.
7. Care and Maintenance
7.1. We provide care instructions with every product. Failure to follow these may void any warranty or claims of defect.
7.2. Repairs or maintenance outside of our warranty may incur additional costs.
8. Intellectual Property
8.1. All content, including images, text, designs, and graphics, are the intellectual property of www.fmdesign.co.za
8.2. Unauthorized reproduction or distribution is prohibited.
9. Limitation of Liability
9.1. We are not liable for any indirect, incidental, or consequential damages arising from the use of our website or products.
9.2. In no event shall our liability exceed the value of the purchased product.
10. Privacy Policy
10.1. Your personal information is collected, stored, and processed in accordance with our Privacy Policy.
11. Governing Law
11.1. These Terms and Conditions are governed by the laws of South Africa.
11.2. Any disputes shall be resolved in the courts of South Africa.
12. Changes to Terms
12.1. We reserve the right to modify these Terms and Conditions at any time. Any updates will be posted on this page with the new effective date.
Contact Information:
If you have any questions about these terms, please contact us at:
Email: info@fmdesign.co.za
Phone: 0027823314778
Privacy Policy
Who We Are
FM Design is a fine jewelry design and manufacturing company based in South Africa. Our website URL is [fmdesign.co.za]. For any privacy-specific concerns, you can contact us at:
FM Design
0027823314778
info@fmdesign.co.za
What Personal Data We Collect and Why We Collect It
We collect various types of personal data to enhance your shopping experience and ensure we deliver our products and services efficiently. The data we may collect includes:
- Personal Information: Name, email address, phone number, shipping address, and billing details.
- Purchase Data: Information related to transactions such as order history and payment details.
- Technical Data: Information from cookies, IP addresses, and browsing history, which helps us improve our website functionality and customer experience.
- Preferences: Account preferences, including saved items and past purchases.
This data is collected to fulfill orders, communicate with customers, and improve our services. Data retention is based on legal obligations, performance of contracts, and customer consent.
Comments
When visitors leave comments on our website, we collect the data shown in the comments form, along with the visitor’s IP address and browser user agent string to help detect spam.
Media
If you upload images to our website, be aware that these files may be publicly accessible. Avoid uploading images with embedded location data (EXIF GPS) included.
Contact Forms
We use contact forms to allow visitors to reach us easily. Personal data collected through these forms, such as name and email address, is retained for customer service purposes only. We do not use the information submitted through contact forms for marketing purposes unless consent is provided.
Cookies
Our website uses cookies to enhance user experience. These include:
- Session Cookies: Temporary cookies that expire once you close your browser.
- Analytics Cookies: We use third-party services like Google Analytics to track site performance and user interaction. These cookies collect anonymous data about site usage and help us improve our services.
- Functionality Cookies: These remember your preferences and allow for personalized experiences.
You can opt-out of cookies or manage your cookie settings directly in your browser.
Analytics
We use Google Analytics to analyze site traffic and improve our services. You can learn more about their privacy policy here: [Google Analytics Privacy Policy Link]. You may also opt out of Google Analytics tracking by using browser add-ons.
Who We Share Your Data With
We share data with trusted third parties necessary for operating our business, including:
- Payment Processors: To handle transactions securely.
- Shipping Providers: To deliver your purchases.
- Cloud-Based Service Providers: For storing and managing data securely.
- Analytics Providers: To improve website performance.
Each of these providers complies with data protection standards, and you can review their respective privacy policies through the links provided on our website.
How Long We Retain Your Data
We retain personal data based on the following schedule:
- Contact Form Submissions: Retained for 6 months.
- Analytics Records: Retained for 1 year.
- Customer Purchase Records: Retained for 10 years, in compliance with South African tax and legal requirements.
What Rights You Have Over Your Data
You have the right to:
- Access your personal data.
- Request corrections to inaccurate data.
- Request the deletion of your data.
- Object to the processing of your data in certain cases.
- Withdraw consent for marketing communications.
To invoke these rights, please contact us at .info@fmdesign.co.za
Where Your Data Is Sent
Our website data is primarily stored in South Africa. However, some of our service providers may store data outside the country. We ensure that any data transferred outside of South Africa is handled with the same level of security and compliance with privacy laws.
Contact Information
For privacy-specific concerns, please contact our Data Protection Officer:
FM Design Privacy Officer
[info@fmdesign.co.za)
0027823314778
How We Protect Your Data
We implement strict security measures to protect your data, including encryption of sensitive information, regular security audits, and staff training in data protection practices.
What Data Breach Procedures We Have in Place
In case of a data breach, we will promptly inform affected users and take appropriate steps to minimize the impact. We also report breaches to the relevant authorities in compliance with South African law.
What Third Parties We Receive Data From
We do not receive personal data about users from third parties, except where required for processing payments and shipments.
Automated Decision Making and Profiling
We do not use automated decision-making or profiling that significantly impacts users.
Industry Regulatory Disclosure Requirements
As a member of the jewelry industry, FM Design complies with applicable South African privacy laws, including the Protection of Personal Information Act (POPIA).