Terms of service

Terms of Service for Earth and Elegance

Welcome to Earth and Elegance, an online e-commerce store specialising in the sale of jewellery and natural soaps. These Terms of Service govern your access to and use of our website www.earthandelegance.co.za, including any content, functionality, and services offered on or through the site, whether as a guest or a registered user.
By accessing or using the site, placing an order, or creating an account, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the site or purchase any products.
We reserve the right to update or modify these Terms at any time. Your continued use of the site after any changes constitutes your acceptance of the new Terms. It is your responsibility to review these Terms periodically.
These Terms comply with South African laws, including the Consumer Protection Act 68 of 2008 (CPA), the Electronic Communications and Transactions Act 25 of 2002 (ECTA), and the Protection of Personal Information Act 4 of 2013 (POPIA). As a consumer, you have rights under the CPA, including the right to fair dealing, quality products, and cooling-off periods for certain transactions.

1. User Accounts

To make purchases or access certain features, you may need to create an account. You must provide accurate, current, and complete information during registration and keep your account information updated. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
We reserve the right to refuse registration, terminate accounts, or cancel orders at our sole discretion, including if we believe you have violated these Terms or applicable laws.

2. Products and Descriptions

We offer jewellery (such as necklaces, earrings, and rings) and natural soaps made from organic ingredients. All product descriptions, images, and prices are provided for informational purposes and are subject to change without notice. We strive for accuracy, but variations may occur due to the handmade nature of our products— for example, slight differences in colour, size, or scent for natural soaps, or gemstone variations in jewellery.
We warrant that products will be of good quality, in good working order, and free of defects as required by the CPA. If a product is not as described or defective, you may return it within 6 months of delivery under the CPA's implied warranty of quality, subject to our Return Policy.

3. Orders and Payments

When you place an order, you are offering to purchase a product subject to these Terms. All orders are subject to acceptance by us, and we may refuse or cancel any order for any reason, including limitations on quantities or errors in product information, but we will notify you promptly.
Prices are in South African Rand (ZAR) and exclude Value Added Tax (VAT) unless otherwise stated, as well as applicable shipping and handling fees. VAT will be added where required by law. We accept payments via credit/debit cards and EFT. Payment must be received in full before we dispatch your order.
You represent that you are authorised to use the payment method provided, and that the information you provide is accurate. Electronic contracts formed via the site are binding under the ECTA.

4. Shipping and Delivery

We ship products within South Africa. Shipping times are estimates only and not guaranteed. We are not responsible for delays caused by carriers, customs, or events beyond our control, but we will take reasonable steps to mitigate such issues.
Title and risk of loss pass to you upon delivery to you or your nominated address. For natural soaps, which may be sensitive to temperature, we recommend prompt retrieval upon delivery to avoid melting or damage. Jewellery items are packaged securely, but we advise inspecting them upon receipt. Under the CPA, if delivery is delayed beyond a reasonable time, you may cancel the order and receive a refund.
Please refer to our separate Shipping Policy [Link to shipping Policy] for more details.

5. Returns and Refunds

Refunds will be issued to the original payment method within 15 business days of receiving the returned goods, including reasonable return shipping costs if the return is due to our error or defect (per CPA). We do not refund original shipping fees unless required by law.
You must inspect goods upon delivery and notify us of any issues within a reasonable time. Please refer to our separate Return Policy [Link to Return Policy] for full details and procedures. 

6. Intellectual Property

All content on the site, including text, graphics, logos, images of jewellery and soaps, and software, is the property of Earth and Elegance or our licensors and is protected by South African copyright, trademark, and other intellectual property laws, including the Copyright Act 98 of 1978. You may not reproduce, distribute, or create derivative works from any content without our express written permission.

7. Prohibited Activities

You agree not to:

  • Use the Site for any unlawful purpose or in violation of any South African law, including the CPA or ECTA.
  • Post false, misleading, or defamatory content, including fake reviews.
  • Introduce viruses, malware, or engage in hacking activities.
  • Harvest or collect user data without consent, in violation of POPIA.
  • Misrepresent product qualities, such as claiming unverified health benefits for natural soaps without substantiation.

Violations may result in account suspension, order cancellation, or legal action, and may be reported to authorities if required.

8. Limitation of Liability

To the fullest extent permitted by South African law, including the CPA (which limits certain exclusions), Earth and Elegance shall not be liable for any indirect, incidental, special, or consequential damages arising from your use of the Site or purchase of products, including but not limited to loss of profits or data.
Our total liability for any claim related to these Terms or products shall not exceed the amount paid for the product in question, except where the CPA mandates otherwise. We provide products "voetstoots" (as is) where permitted, but this does not affect your CPA rights regarding quality and safety.
For natural soaps, we are not liable for allergic reactions—please review ingredients before purchasing and patch-test if necessary. For jewellery, we are not responsible for wear and tear or misuse.

9. Privacy

Your privacy is protected under POPIA. Our collection, use, and processing of personal information is governed by our Privacy Policy [Link to Privacy Policy], which is incorporated into these Terms and complies with POPIA requirements, including lawful processing and your rights to access and correction.

10. Governing Law and Dispute Resolution

These Terms shall be governed by the laws of the Republic of South Africa, without regard to conflict of law principles.
Any disputes arising from these Terms or your use of the Site shall be resolved in the first instance through good faith negotiation. If unresolved, you may approach the National Consumer Commission, a consumer court, or an ombud (e.g., the Consumer Goods and Services Ombud) as per the CPA. Formal disputes shall be subject to the exclusive jurisdiction of the courts of South Africa. You agree to waive any right to participate in class actions, to the extent permitted by law.

11. Contact Us

If you have questions about these Terms, our products, or your order, please contact us at:

  • Email: info@earthandelegance.co.za
  • WhatsApp: 079 726 2714

We are registered in South Africa with EARTH AND ELEGANCE (PTY) LTD (2025/773814/07)