Terms And Conditions

BLACK BETTY TERMS & CONDITIONS

Detailed Description of Goods and Services

Black Betty Design (Pty) Ltd (“Black Betty”, “we”, “us” or “our”) is a South African jewellery and piercing business offering jewellery, bespoke and made-to-order pieces, professional piercing services, permanent jewellery and related products and services.

By purchasing from Black Betty, placing an order through our website, commissioning a bespoke piece, booking a service or using our website, you agree to these Terms & Conditions.

Nothing in these Terms & Conditions is intended to limit any rights you may have under applicable South African consumer law.

1. ORDERS

1.1 Purchase of Products

When you place an order through our website, you are offering to purchase the selected product at the price displayed, subject to these Terms & Conditions.

We take reasonable care to ensure that product descriptions, photographs, availability and prices displayed on our website are accurate. However, errors may occasionally occur.

Black Betty reserves the right to decline or cancel an order where, for example:

• a product is unavailable;

• payment cannot be authorised or received;

• an incorrect price, promotion or product description has been displayed;

• we reasonably suspect fraudulent activity; or

• circumstances outside our reasonable control prevent us from fulfilling the order.

If payment has already been received for an order that we are unable to fulfil, the applicable amount will be refunded.

1.2 Order Acceptance

Receiving an automated order or booking confirmation does not necessarily constitute final acceptance of an order.

Once an order has entered production or been dispatched, cancellation may not always be possible.

Your statutory consumer rights remain unaffected.

2. OUT-OF-STOCK & MADE-TO-ORDER JEWELLERY

2.1 Out-of-Stock Products

If an item purchased is unexpectedly out of stock and can be manufactured, additional production time may be required.

Manufacturing generally takes approximately 4–7 weeks depending on the piece, materials, suppliers and production requirements.

All production dates are estimates and may change due to circumstances outside our reasonable control.

Where an order contains both available and made-to-order or back-ordered items, the order will ordinarily be dispatched once all pieces are ready unless alternative arrangements are made.

2.2 Made-to-Order Pieces

Certain Black Betty pieces are handmade or made to order.

Estimated production times will be communicated on the product page or at the time of ordering.

Any modifications requested after an order has been placed may result in additional costs and revised production timelines.

3. BESPOKE & CUSTOM-MADE JEWELLERY

Bespoke and custom-made jewellery is created specifically for an individual customer and is therefore subject to additional terms.

3.1 Deposit

A 50% non-refundable deposit is generally required before bespoke production begins.

Once design, sourcing, CAD development or manufacturing has commenced, the deposit covers work and costs already committed to the project.

3.2 Design & CAD Approval

Where CAD drawings, renders, sketches or other designs are supplied for approval, the customer is responsible for reviewing the design carefully before approving production.

Once approved, subsequent changes may incur additional CAD, labour, gemstone, metal and manufacturing costs.

3.3 Production Times

Bespoke production timelines are estimates.

Casting, stone sourcing, setting, engraving, specialist manufacturing and other processes may occasionally cause delays.

We will communicate significant changes to expected completion dates wherever reasonably possible.

3.4 Final Payment

The full outstanding balance must be paid and cleared before bespoke jewellery is collected or dispatched.

3.5 Bespoke Returns

Because bespoke and custom-made jewellery is made specifically for the customer, change-of-mind returns or exchanges are generally not available.

This does not affect any rights relating to a verified manufacturing fault or other rights available under applicable consumer law.

4. RING SIZING & RESIZING

Customers are responsible for providing or confirming the correct ring size before production.

We strongly recommend having your finger professionally sized, particularly for bespoke, engagement, wedding and wide-band rings.

If a ring requires resizing after completion, additional labour and metal charges may apply.

Some designs, gemstones, settings or construction methods may limit the amount by which a ring can safely be resized.

Where a ring was manufactured to the size confirmed by the customer, subsequent resizing is not considered a manufacturing fault.

5. GEMSTONES & HANDMADE JEWELLERY

Natural gemstones are unique.

Variations in colour, tone, clarity, inclusions, markings, shape and internal characteristics are part of the natural character of gemstones and are not necessarily defects.

Handmade jewellery may also show slight variations between individual pieces or from website photographs, samples or renders.

Product photographs are intended to represent our jewellery as accurately as reasonably possible, but screen settings, lighting and natural materials may cause slight visual differences.

6. PRICES & PAYMENT

All prices displayed on our South African website are in South African Rand (ZAR) and include VAT where applicable.

Prices may change due to fluctuations in precious metal prices, gemstone prices, exchange rates, supplier costs or other market conditions.

Delivery charges may be added separately.

Payment options available at checkout or through Black Betty may change from time to time.

Orders will only be dispatched once the required payment has been received and cleared.

For bespoke work, production will ordinarily commence once the required deposit has been received.

7. DELIVERY

Courier charges are calculated according to the destination and service required.

A valid physical delivery address and accurate contact information must be supplied.

Black Betty cannot be responsible for delays or additional charges caused by incorrect or incomplete delivery information supplied by the customer.

Once an order has been dispatched, tracking information will be provided where available.

Delivery times are estimates and may be affected by courier delays, public holidays, customs or circumstances outside Black Betty's reasonable control.

7.1 International Orders

International customers are responsible for any customs duties, import taxes, clearance charges or other fees imposed by the destination country.

These charges are not included in Black Betty's product or shipping prices unless expressly stated otherwise.

International delivery times are estimates and may be affected by customs processes in the destination country.

8. RETURNS & EXCHANGES

We want you to love your Black Betty purchase.

For eligible change-of-mind returns, please contact us within 14 days of receiving your purchase.

Eligible pieces must be:

• unused;

• unworn;

• undamaged;

• in their original condition; and

• accompanied by proof of purchase.

Subject to applicable consumer law, eligible change-of-mind returns may be offered as store credit or exchange according to Black Betty's current returns policy.

For hygiene, personalisation and other practical reasons, certain products may not qualify for change-of-mind returns, including:

• earrings and body/piercing jewellery once worn or where hygiene integrity has been compromised;

• bespoke or custom-made jewellery;

• personalised or engraved jewellery;

• special-order products; and

• sale products where the restriction was disclosed at purchase.

These exclusions do not remove any rights a customer may have where goods are defective or otherwise protected by applicable consumer law.

Return courier charges for change-of-mind returns are generally for the customer's account.

9. MANUFACTURING FAULTS, DAMAGE & REPAIRS

Black Betty stands behind the craftsmanship of our jewellery.

If you believe your jewellery has a manufacturing fault, please contact us with proof of purchase and, where possible, photographs of the piece.

The jewellery may need to be returned to Black Betty for physical assessment before we can determine the cause of the problem and the appropriate remedy.

9.1 Three-Month Black Betty Repair Policy

Where a sterling silver or solid gold Black Betty piece develops a manufacturing fault within 3 months of purchase, we will assess the piece and, where confirmed as a manufacturing fault, repair it at no charge.

This three-month repair policy is an additional Black Betty service policy and does not limit any rights or remedies available under applicable consumer law.

After 3 months, we are still happy to assess your jewellery. Repair charges may apply depending on the nature of the damage, materials required and work involved.

We will advise you of applicable costs before proceeding.

9.2 Normal Wear & Accidental Damage

Jewellery is designed to be worn, but precious metals, chains, claws, clasps and stone settings can be delicate.

A damaged piece is not automatically considered to have a manufacturing fault.

Damage may occur through:

• impact;

• pulling or catching;

• bending or crushing;

• incorrect storage;

• exposure to chemicals;

• improper care;

• normal wear and tear; or

• other accidental damage.

Where damage is not caused by a manufacturing fault, Black Betty will assess whether the piece can be repaired and provide a quotation where applicable.

10. CHAINS

Fine jewellery chains are delicate by nature and should be worn and handled with care.

Chains can break if they are pulled, caught or placed under sufficient force. A broken chain is therefore not automatically considered a manufacturing fault.

If a Black Betty chain breaks, we are happy to assess it.

Where we determine that a manufacturing fault is responsible, the piece will be handled in accordance with our manufacturing fault policy and applicable consumer law.

Where the break has resulted from accidental damage or normal wear, a repair charge may apply.

11. STONE SETTINGS

Fine pavé, flush-set and other small stone settings are delicate and can occasionally loosen through everyday wear.

We recommend regularly inspecting frequently worn stone-set jewellery, particularly rings.

If a pavé or flush-set stone is lost within 3 months of purchase and our assessment determines that the loss resulted from a manufacturing fault, Black Betty will replace the stone at no charge.

After 3 months, or where the loss results from wear or accidental damage, repair and replacement costs will depend on the stone, setting and work required.

This policy does not limit any statutory consumer rights.

12. TARNISHING

Tarnishing is a natural process that can affect precious metals to varying degrees.

It can occur through contact with oxygen, moisture, skin chemistry, cosmetics, perfume, chemicals and environmental conditions.

Tarnishing is not necessarily an indication of a manufacturing fault.

Proper care and storage can help minimise tarnishing.

Where possible, Black Betty is happy to clean Black Betty jewellery in-store free of charge.

13. GOLD VERMEIL & GOLD PLATING

Gold vermeil describes sterling silver coated with a layer of gold.

Black Betty's gold vermeil jewellery is plated with approximately 2.5 microns of 22ct gold.

Gold plating is a surface finish and will naturally wear or fade over time.

The speed at which plating wears varies depending on factors including:

• frequency of wear;

• individual skin chemistry;

• perspiration;

• exposure to water;

• perfume and cosmetics;

• cleaning products and chemicals; and

• the amount of friction the piece experiences.

The gradual wearing or fading of gold plating is considered normal wear rather than a manufacturing fault.

For this reason, Black Betty does not provide a commercial warranty against the normal fading or wearing of gold plating.

We do, however, offer a re-plating service. Charges depend on the size and nature of the piece.

14. JEWELLERY CARE

To help protect your Black Betty jewellery:

• store jewellery carefully when it is not being worn;

• avoid unnecessary pulling, bending or impact;

• avoid exposing jewellery to harsh chemicals and cleaning products;

• minimise contact with perfume, cosmetics and lotions;

• take particular care with fine chains and delicate settings; and

• periodically check stone settings, clasps and frequently worn pieces.

Fine jewellery may require professional maintenance over its lifetime.

15. PIERCING SERVICES

Black Betty offers professional piercing services at selected studios.

15.1 Piercing Suitability

Not every anatomy is suitable for every piercing.

Our professional piercers reserve the right to decline, modify or postpone a piercing where they believe:

• the customer's anatomy is unsuitable;

• the requested placement cannot be safely performed;

• there is a health, hygiene or safety concern;

• the customer appears intoxicated or otherwise unable to provide informed consent; or

• proceeding would not be in the customer's best interests.

15.2 Age, Identification & Consent

Age restrictions, identification requirements and parental or legal guardian consent requirements may apply depending on the piercing requested.

Customers are responsible for ensuring that the required identification and consent are available at the appointment.

Where a parent or legal guardian is required, they may need to be physically present.

Black Betty reserves the right to refuse a piercing where appropriate proof of age, identity or consent cannot be provided.

15.3 Healing & Aftercare

Healing times vary considerably between individuals and between piercing types.

Any healing timeframe provided by Black Betty is an estimate and not a guarantee.

Clients are responsible for following the aftercare instructions provided by their piercer.

Avoid unnecessary touching, twisting or fiddling with a healing piercing. Clients should also be mindful of anything that may catch, pull or place pressure on the piercing.

If you have any concerns about the healing of your piercing, please contact our piercing team as soon as possible.

Where appropriate, medical concerns should be assessed by a suitably qualified healthcare professional.

15.4 Downsizing & Jewellery Changes

Certain piercings may require downsizing or jewellery changes as swelling reduces and healing progresses.

Your piercer will advise you where this is recommended.

Additional jewellery or service charges may apply unless expressly stated otherwise.

15.5 Migration, Rejection & Scarring

Some piercings may migrate, reject or leave scarring despite being correctly performed and appropriately cared for.

Individual healing responses cannot be guaranteed.

16. PIERCING JEWELLERY

Our piercers will ensure that your piercing jewellery is properly and comfortably fitted before you leave the studio.

Piercing jewellery is fine jewellery and should be treated with care, particularly while the piercing is healing.

Jewellery can occasionally loosen over time.

If your jewellery feels loose, uncomfortable or unusual, please contact Black Betty as soon as possible so that our piercing team can assess it.

Lost or accidentally damaged piercing jewellery after leaving the studio is not automatically considered a manufacturing fault.

If you believe the jewellery itself is defective, please retain the jewellery where possible and return it to us for assessment.

17. PIERCING & PERMANENT JEWELLERY BOOKINGS

We understand that plans change and are always happy to assist with moving your booking to another available time wherever reasonably possible.

For piercing and permanent jewellery appointments:

• cancellations made more than 48 hours before the appointment may be refunded via EFT, subject to the applicable booking terms;

• cancellations made within 48 hours of the appointment may be refunded to a Black Betty gift card or credit; and

• same-day cancellations or no-shows will result in forfeiture of the booking fee.

18. PERMANENT JEWELLERY / ZAPPING

Permanent jewellery is intentionally fitted without a traditional clasp.

“Permanent” does not mean indestructible. The chains used are delicate fine jewellery chains and may break if caught, pulled or placed under sufficient pressure.

If your permanent bracelet disconnects specifically at the soldered link completed by a Black Betty technician within 7 days of your appointment, we will happily re-zap the existing chain at no charge.

Breakage elsewhere on the chain, stretching, accidental damage, cutting or loss is not automatically considered a manufacturing fault.

If you still have the chain, please bring it into one of our stores and we will assess whether it can be repaired or re-zapped.

Replacement charges may apply where a chain or charm has been lost or damaged.

19. PIERCING PASSPORT

The Black Betty Piercing Passport is valid for one customer only and is non-transferable.

One stamp is earned per qualifying piercing received, including the applicable jewellery and service.

After 5 qualifying stamps, the customer may redeem one complimentary full piercing service valued up to R550.

If the selected piercing and jewellery exceed R550, the customer is responsible for paying the balance.

The complimentary piercing must be redeemed within 12 months of the first stamp date.

The Piercing Passport:

• cannot be used in conjunction with another promotion or discount;

• excludes sale items and discounted jewellery;

• must be physically presented at each qualifying visit;

• cannot be retrospectively stamped; and

• is valid only at participating Black Betty piercing studios.

Lost or damaged passports cannot be reissued or backdated unless Black Betty has an independent record confirming the applicable visits.

20. PROMOTIONS & DISCOUNT CODES

Individual promotions may have their own specific Terms & Conditions.

Unless expressly stated otherwise:

• promotional codes apply only to eligible full-price products;

• one code may be used per qualifying order;

• codes cannot be combined with other promotions or discounts;

• discounts cannot be retrospectively applied;

• promotional discounts are not transferable or redeemable for cash or credit;

• excluded products and services may apply; and

• promotions may be subject to specific validity periods, minimum spends or customer eligibility requirements.

If a product purchased using a promotional discount is returned, the promotional discount itself will not be refunded.

Any exchange will be based on the amount actually paid for the returned item, subject to the applicable promotion and consumer law.

Black Betty reserves the right to amend, suspend or end a promotional offer where reasonably necessary, subject to applicable law.

21. GIFT CARDS & STORE CREDIT

Gift cards and store credits may be subject to validity periods and other conditions communicated at the time of issue.

They cannot ordinarily be exchanged for cash except where required by applicable law.

Where an item purchased using store credit is exchanged, any resulting credit will remain subject to the applicable store-credit terms.

22. ADVERTISING, PRODUCT INFORMATION & PRICING ERRORS

Black Betty takes reasonable care to ensure that product descriptions, imagery and pricing are accurate.

If a genuine error occurs in pricing, product information, stock availability or promotional information, we reserve the right to correct the error and, where permitted by law, decline or cancel an affected order.

Where payment has already been taken and an order is validly cancelled, the relevant payment will be refunded.

23. REPAIRS & RETURNING JEWELLERY FOR ASSESSMENT

Jewellery generally needs to be physically assessed before Black Betty can determine the cause of damage or confirm an appropriate repair, replacement or other remedy.

Where possible, pieces may be returned to a Black Betty store.

Customers who are unable to visit one of our stores may need to courier their jewellery to us for assessment.

Courier charges may apply depending on the circumstances and whether the issue is determined to be a manufacturing fault.

Black Betty will communicate any applicable repair charges before proceeding with chargeable work.

24. PRIVACY

Black Betty takes reasonable steps to protect customers' personal information and processes personal information in accordance with applicable South African privacy legislation.

Personal information may be used where reasonably necessary to:

• process and fulfil orders;

• provide Black Betty services;

• administer appointments and bookings;

• communicate with customers;

• process payments and deliveries; and

• fulfil our legal and operational obligations.

Further information is available in our Privacy Policy.

25. CHANGES TO THESE TERMS

Black Betty may update these Terms & Conditions from time to time to reflect changes to our products, services, policies or applicable law.

The version applicable to a transaction will ordinarily be the version in effect at the time the relevant purchase or booking is made, subject to applicable law.

26. COMPANY INFORMATION

Black Betty Design (Pty) Ltd

Company Registration No: 2014/177860/07

Director: Kristin Weixelbaumer

77 Hout Street
Cape Town
8001
South Africa

Customer Support

Tel: +27 71 672 6856
Email: info@blackbettydesign.com