Terms and Conditions

Introduction and Legal Entity Information

Trading Name: Ralph Jacobs
Legal Entity: Coscoroba Group Holdings (PTY) LTD
Reg No.: 2019/101093/07 | VAT No. 434028992 | Credit Provider Reg. NCRCP14398
Address: 1 Kiewiet Street, Lake Umuzi Waterfront, Secunda, 2302, Mpumalanga, South Africa.
Telephone: +27.87.551.7635

These Terms and Conditions apply to all websites and online platforms operated by Ralph Jacobs Jewellers, including but not limited to ralphjacobs.co.za, ralphjacobs.blog, ralphjacobs.help and related subdomains.

By using our website and online platforms, you agree to these Terms and Conditions, which form a binding legal agreement between you and Ralph Jacobs Jewellers. These terms are governed by the laws of South Africa, and your use of our services implies consent to these laws.

Scope

Acceptance of Terms

By accessing and using our websites, you agree to comply with these Terms and Conditions, which govern your use of our services, products, and platforms. These Terms and Conditions are subject to the Consumer Protection Act (CPA), and nothing herein is intended to limit your rights or our obligations under the CPA. If you do not agree with these terms, please do not use our services.

Modification of Terms

Ralph Jacobs Jewellers reserves the right to update or revise these Terms and Conditions at its discretion. Any changes will be effective immediately upon posting on our website, and you will be notified of material changes where possible. It is your responsibility to review our website regularly for updates that may affect your rights or obligations. Continued use of our services after such changes indicates your acceptance of the updated terms. If you do not agree with the revised terms, you must discontinue use of our website and services.

Content Ownership

All content on the Ralph Jacobs Jewellers website, including but not limited to text, graphics, logos, images, designs, and software, is the exclusive property of Ralph Jacobs Jewellers or its licensors. This content is protected under South African copyright, trademark, and other intellectual property laws. Unauthorized use of our intellectual property, including copying, reproducing, or distributing content without explicit written permission, may result in legal action.

Trademarks

The name “Ralph Jacobs,” the Ralph Jacobs logos, and any related product or service names or slogans displayed on our website are trademarks of Ralph Jacobs Jewellers or its licensors. These trademarks may not be copied, imitated, or used without prior written permission from Ralph Jacobs Jewellers or the respective trademark holders. Use of metatags or hidden text that incorporates Ralph Jacobs trademarks or related names is strictly prohibited.

Use of the Site

Ralph Jacobs Jewellers grants you a personal, limited, non-transferable license to access and use our website for personal, non-commercial purposes. This license allows you to view, copy, and print portions of the content for informational use only. Any other use, including commercial exploitation, modification, distribution, or data mining, is strictly prohibited without prior written consent. Unauthorized use may result in termination of this license and could constitute a violation of applicable laws. This license is revocable at any time.

Information on Our Site

Ralph Jacobs Jewellers strives to provide accurate and current information on our website, through email, and other communications, in compliance with the Electronic Communications and Transactions Act (ECT Act). However, we cannot guarantee that all information is always correct or complete. Occasionally, errors such as incorrect pricing or descriptions may occur due to system or typographical issues. These errors are not binding on Ralph Jacobs Jewellers and may be corrected at any time. If a product is listed at an incorrect price, we reserve the right to cancel or amend orders affected by the error and will notify customers accordingly.

We take your privacy seriously and handle your personal information in accordance with the Protection of Personal Information Act (POPIA). Any personal data collected during your interactions with our site will be processed in line with our Privacy Policy, ensuring your data is securely stored and used only for its intended purpose.

Your Account and Orders

When using the Ralph Jacobs Jewellers website or your personalized account, you are responsible for maintaining the confidentiality of your account information, including your password, and for restricting access to your computer. You accept responsibility for all activities that occur under your account. If you are under 18, you may only use the site under the supervision of a parent or guardian, who agrees to be bound by these Terms and Conditions. Ralph Jacobs Jewellers reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its discretion.

In the event of a chargeback, Ralph Jacobs Jewellers reserves the right to recover any costs incurred and may cancel any associated promotional benefits, such as free shipping, at its sole discretion.

Gemstone Reports

Customers purchasing natural diamonds, lab-grown diamonds, or gemstones will receive an online report via email after their purchase. These reports are detailed documents prepared by expert gemologists at recognized laboratories. Due to the high cost of replacing these reports, Ralph Jacobs Jewellers requires that the original report be included with any returned gemstone. If the report is not included, a replacement fee of ZAR 4,500 will be charged.

Passage of Title

Ownership of goods purchased from Ralph Jacobs Jewellers transfers to the purchaser or their designated recipient at the moment the goods are delivered to the specified delivery address.

Order Approval and Cancellation

Receiving an order confirmation from Ralph Jacobs Jewellers indicates that your order request has been received, but it does not constitute acceptance of your order. Orders are only accepted once they have been processed and approved at our headquarters. Ralph Jacobs Jewellers reserves the right to cancel any order at its discretion for any reason. If your order is canceled, your sole remedy will be a full refund of any payment made for the canceled products or services.

Privacy

Please review our Privacy Policy, which outlines how Ralph Jacobs Jewellers collects, uses, stores, and protects your personal information in compliance with the Protection of Personal Information Act (POPIA). Your personal information will only be processed for the specific purpose for which it was collected, and we require your explicit consent for this processing unless another lawful basis applies. You have the right to access, correct, or request the deletion of your personal information at any time.

We are committed to maintaining the security of your personal information and have implemented appropriate measures to protect it against unauthorized access, loss, or destruction. Ralph Jacobs Jewellers reserves the right to cooperate with legitimate governmental requests, subpoenas, or court orders and may disclose necessary information in such cases, as required by law. This right to disclose information will take precedence over any conflicting terms in our Privacy Policy.

Advertisements and Promotions

Ralph Jacobs Jewellers may display advertisements and promotions from third parties on our website. These are managed by the respective third parties, and Ralph Jacobs Jewellers is not responsible for any loss or damage resulting from your interactions with these third parties. Any business dealings, participation in promotions, or correspondence with advertisers are solely between you and the third party, and are subject to the terms and conditions of those third parties.

Feedback and Submissions

By providing feedback, suggestions, ideas, or other submissions to Ralph Jacobs Jewellers regarding our website, products, or services, you agree that such submissions are non-confidential and become the exclusive property of Ralph Jacobs Jewellers. We reserve the right to use, reproduce, and distribute your submissions without any obligation to acknowledge or compensate you. You confirm that you own or have the right to submit this content, and that its use will not infringe upon the rights of any third party or cause harm.

Social Media User Content

Ralph Jacobs Jewellers may request permission to use content you’ve shared on social media, including photos, text, and videos, for business purposes such as marketing and promotions. By granting permission, you provide Ralph Jacobs Jewellers and its affiliates with a worldwide, royalty-free, perpetual license to use, modify, and distribute your content in any media. You also agree that Ralph Jacobs Jewellers can use your name, likeness, and other identifying information in connection with the content. You represent that you own the content and that its use by Ralph Jacobs Jewellers will not violate any third-party rights or applicable laws.

Please note that the content you share is non-confidential, and Ralph Jacobs Jewellers has no obligation to keep it private. By sharing your content, you consent to the collection, use, and transfer of your personal information as described in this clause and in accordance with our Privacy Policy.

Product Reviews and User Content

Ralph Jacobs Jewellers may offer interactive areas on our website and social media platforms where users can post reviews, comments, or other content (“User Content”). By using these areas, you agree to be solely responsible for the content you post. You are prohibited from posting any content that is unlawful, defamatory, infringing on others’ rights, or otherwise objectionable. By posting User Content, you grant Ralph Jacobs Jewellers a non-exclusive, royalty-free, perpetual license to use, reproduce, and distribute your content across various media.

Ralph Jacobs Jewellers disclaims any responsibility for User Content posted by third parties and reserves the right to remove any content that violates these terms. Your use of our interactive areas is at your own risk, and you are responsible for keeping backups of your content. Any violation of these conditions may result in the suspension or termination of your rights to use our interactive areas.

Marketing Communications via SMS and WhatsApp

By enrolling in our messaging program, you consent to receive automated promotional and personalized marketing messages from Ralph Jacobs Jewellers via SMS and WhatsApp, in accordance with the Electronic Communications and Transactions Act (ECT Act). These messages may include reminders, discounts, and other promotions sent to the mobile number you provide. You may opt-out of these communications at any time by following the instructions provided in the message or by contacting our customer service. Consent to receive these messages is not required as a condition of purchase. Message and data rates may apply, and message frequency may vary. You must be at least eighteen years old and responsible for any charges incurred. Ralph Jacobs Jewellers is not liable for delays or undelivered messages. Please ensure your contact information is accurate and up-to-date. Our messaging program is available only for mobile numbers registered in South Africa. Refer to your mobile carrier for any applicable fees or restrictions.

Disclaimer of Warranties

The Ralph Jacobs Jewellers website, its content, and the products offered are provided on an “as is” and “as available” basis. Ralph Jacobs Jewellers makes no express or implied warranties regarding the operation of the site or the information, content, materials, or products included. Your use of the site is at your own risk, and Ralph Jacobs Jewellers disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that the site, its servers, or communications are free from errors, viruses, or other harmful components.

Limitation of Liability

In no event shall Ralph Jacobs Jewellers, its directors, employees, affiliates, or agents be liable for any damages arising from your use of our site or products, including direct, indirect, incidental, punitive, or consequential damages. This includes, but is not limited to, loss of use, profits, or data, whether in contract, tort, or otherwise, even if Ralph Jacobs Jewellers has been advised of the possibility of such damages. Our liability will not exceed the amount paid for the product or service in question.

Certain jurisdictions may not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations may not apply to you. It is your responsibility to check local laws for any restrictions. This limitation of liability does not extend to any damages caused by gross negligence or willful misconduct as defined under South African law.

Indemnification

You agree to indemnify, defend, and hold harmless Ralph Jacobs Jewellers, its affiliates, and their respective directors, officers, employees, and agents from any claims, losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising from your breach of these Terms and Conditions, your use of our site, or any violation of the rights of a third party. This obligation applies even if the claim is made against Ralph Jacobs Jewellers or its representatives, and includes any and all legal proceedings, whether they occur in court or in binding arbitration.

Links to Other Sites and Services

Links to third-party websites or services provided on the Ralph Jacobs Jewellers website do not imply sponsorship, endorsement, or approval of their content, policies, or practices. Ralph Jacobs Jewellers is not responsible for the availability, content, security, or privacy practices of these linked sites or services. It is your responsibility to review the terms and policies of any third-party sites you visit.

Termination

Ralph Jacobs Jewellers reserves the right, at its sole discretion and without prior notice, to terminate your access to and use of the website. This includes the right to block or prevent future access if deemed necessary.

Dispute Resolution

For any disputes arising between you and Ralph Jacobs Jewellers, we strongly encourage resolving the matter through mediation with the Consumer Goods and Services Ombud (CGSO) as the first step. If mediation does not resolve the dispute, Ralph Jacobs Jewellers reserves the right to limit legal proceedings to the Small Claims Court or a Magistrate’s Court within the jurisdiction of our head office, which is located in Secunda, Mpumalanga. This limitation is designed to control legal costs and ensure a fair and expedited resolution process.

Furthermore, Ralph Jacobs Jewellers reserves the right to seek a cost order against any party should litigation proceed. If the matter is eligible for Small Claims Court, the claimant may only pursue their claim in that forum. Should a consumer wish to escalate the matter beyond the Small Claims Court, they must do so in the Magistrate’s Court within our designated jurisdiction, waiving the right to bring the case in a High Court unless required by law.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of South Africa, without regard to its conflict of law principles. Any disputes arising under these Terms shall be resolved exclusively through mediation as outlined in our Dispute Resolution clause, or if necessary, through litigation in the Small Claims Court or Magistrate’s Court within the jurisdiction of our head office. By agreeing to these Terms, you acknowledge and accept the application of South African law to your use of our website and our products or services.

Miscellaneous

These Terms and Conditions constitute the entire agreement between you and Ralph Jacobs Jewellers regarding the subject matter hereof and supersede all prior agreements, representations, or understandings, whether written or oral. The failure of Ralph Jacobs Jewellers to enforce any provision of these Terms at any time shall not be construed as a waiver of such provision or the right to enforce it at a later time. Any waiver must be in writing and signed by an authorized representative of Ralph Jacobs Jewellers.

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. The remaining provisions shall remain in full force and effect and shall be enforced to the maximum extent permitted by law.

Provisions that by their nature should survive termination of these Terms shall continue to apply after termination, including but not limited to, provisions regarding dispute resolution, limitation of liability, and indemnification.