Terms & Conditions

Article 1 - Scope of application

These General Terms and Conditions of Sale (“Terms”) apply to all purchases made through www.latelierparis.co.za (the “Website”) from LATELIER DBN (PTY) LTD, trading as L’Atelier Paris (the “Seller”, “we”, “us” or “our”), by consumers purchasing products for personal use (the “Customers”, the “Customer”, “you” or “your”).

These Terms govern the ordering, payment, delivery, cancellation, return and warranty conditions applicable to products offered on the Website, including watches, wedding rings, pendants, bracelets, rings, solitaires and earrings (the “Products”).

By visiting our Website or/and placing an order, you confirm that you have read and accepted these Terms. The version applicable to an order is the version published on the Website when the order is placed.

The Seller’s contact details are as follows:

LATELIER DBN (PTY) LTD trading as L’Atelier Paris
Platinum Walk, Oceans Mall
7 Lagoon Drive
Umhlanga, Durban, 4320
South Africa
contact@latelierparis.co.za
+27 031 001 7076
Registration number: 2022/430512/07
VAT number: 45 903 07 270

These Terms apply to the exclusion of all other conditions, and in particular those applicable to sales in store or through other distribution and marketing channels.

These Terms are accessible at any time on the Website www.latelierparis.co.za and shall, where applicable, prevail over any other version or any other contradictory document.

The Customer confirms that they have read and accepted these Terms by ticking the box provided for this purpose before submitting an order through the Website.

As these Terms may be subject to subsequent modifications, the version applicable to the Customer’s purchase is the one in force on the Website on the date the order is placed.

Unless proven otherwise, the data recorded in the Seller’s computer system constitute proof of all transactions concluded with the Customer.

In accordance with the Protection of Personal Information Act 4 of 2013 (‘POPIA’), the Customer has the right to request access to, correction or deletion of their personal information, and to object to certain processing, subject to the conditions prescribed by law. You can do so by writing to:

L'Atelier Paris
Platinum Walk, Oceans Mall
7 Lagoon Drive
Umhlanga, Durban, 4320
South Africa

Validation of the order by the Customer constitutes acceptance without restriction or reservation of these Terms. The Customer acknowledges having the capacity required to contract and acquire the Products offered on the Website www.latelierparis.co.za.

Amendments to these Terms are enforceable against users of the Website www.latelierparis.co.za from the time they are posted online and cannot apply to transactions concluded previously.

Article 2 - Products

The main characteristics of each Product are described on the relevant product page of the Website. You are responsible for reviewing the description, dimensions, materials, specifications and available options before placing an order.

We make reasonable efforts to display Product images, colours and finishes accurately. However, the appearance of colours may vary according to the screen or device used, and photographs may not reproduce the exact scale of a Product.

Product offers are subject to availability, as indicated at the time of ordering. We may correct obvious typographical, descriptive or pricing errors and may withdraw a Product from sale, subject always to applicable law and your statutory rights.

Article 3 - Orders

You must have full legal capacity to enter into a binding agreement. If you are under the age of majority, you may use the Website and place an order only with the involvement and consent of a parent or legal guardian.

The Website and Products may not be used for any unlawful or unauthorised purpose. You may not introduce viruses, malicious code or other material intended to interfere with the operation or security of the Website.

To place an order, you will generally be required to:

• select the Product and, where applicable, the size, material, colour or other option;
• add the Product to your cart;
• review the order and select an available delivery or collection method;
• provide accurate billing, contact and delivery information;
• select a payment method and provide the required payment information;
• and confirm the order and payment.

You must check the accuracy of your order before submitting it. An order is an offer to purchase. The sale is concluded only when we send you an order acceptance or confirmation and receive the required payment. It is the Customer’s responsibility to verify the accuracy of the order and immediately report any error.

We may refuse or cancel an order where permitted by law, including where a Product is unavailable, payment is not authorised, there is an obvious pricing or description error, fraud is suspected, the order appears to be for resale, or a previous payment dispute remains unresolved. If we cancel an order after payment has been received, we will refund the amount paid using an appropriate method.

If we need to change or cancel an order, we will use the contact details supplied at checkout to notify you.

Article 4 - Prices and payment

Prices are displayed in South African Rand (ZAR) and include VAT (15%) where applicable, unless expressly stated otherwise.

Delivery, insurance or other applicable charges are shown before the order is submitted and form part of the total amount payable.

The full price is payable when the order is placed, using one of the payment methods offered at checkout: by payment card or bank transfer.

Payment information is transmitted using encrypted connections. Payment processing may be performed by third-party payment providers whose own terms and privacy practices may apply.

We may change prices at any time, but a change will not affect an order already accepted, except where an obvious error is corrected in accordance with applicable law.

Article 5 - Diamonds, gemstones and pearls

To the best of our knowledge and on the basis of information and warranties received from our suppliers, diamonds supplied by us originate from legitimate sources and are not knowingly involved in the financing of armed conflict.

Certain gemstones and pearls may have undergone customary enhancement processes, including heat treatment, the use of colourless substances, or pearl bleaching. Where we are aware of another material treatment, we will identify it in the Product description where reasonably required.

Article 6 - Deliveries

Available delivery areas, delivery methods, estimated preparation times and delivery charges are displayed on the Website or at checkout. Delivery is only available within South Africa. Unless a specific date has been agreed, stated delivery dates are estimates.

We will take reasonable steps to deliver the Products within the agreed period or, if no period has been agreed, within a reasonable time as required by applicable law. Delays caused by circumstances beyond our reasonable control may affect delivery.

Delivery is completed when the Product is delivered to the address supplied by you or collected by you or your authorised representative. Risk in the Product passes in accordance with applicable South African consumer law.

Unless otherwise agreed between the parties, we will execute the order within 30 days after receiving it, in accordance with section 46 of the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”).

If we fail to execute the order within 30 days after receiving it or within any other period agreed with the Customer, the Customer may cancel the agreement by giving us seven days’ written notice, in accordance with section 46(2) of ECTA. Any payment due to be refunded following such cancellation will be refunded within the period required by applicable law.

If a Product is unavailable, we will notify the Customer immediately and refund any payment made in respect of that Product within 30 days after the date of such notification, in accordance with section 46(3) of ECTA.

Free in-store collection may be available at:

L'Atelier Paris
Platinum Walk, Oceans Mall
7 Lagoon Drive
Umhlanga, Durban, 4320
South Africa

You must provide complete and accurate delivery information. We are not responsible for a failed or delayed delivery caused by incorrect information supplied by you, although we will make reasonable efforts to assist.

Please inspect the parcel and Product as soon as reasonably possible after delivery. If the parcel appears damaged, or if the Product is incorrect, incomplete, damaged or defective, contact us promptly and retain the packaging and supporting photographs.

A request that you notify us promptly does not remove or reduce any rights you may have under the Consumer Protection Act 68 of 2008 or other applicable law.

Article 7 - Ownership

Ownership in a Product passes to you once we have received full payment and the Product has been delivered or collected, unless applicable law provides otherwise.

Article 8 - Returns and refunds

Article 8.1 - Voluntary return

Subject to the terms and exclusions set out below, if you are unhappy with your purchase, you may request an exchange or refund within 14 business days after receiving the Product.

This commercial return period is offered in addition to any applicable statutory rights, including any cooling-off right available under section 44 of the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”).

To qualify for a change-of-mind return, the Product must:

• be in the same condition in which it was received;
• be unworn and unused;
• retain all tags;
• be returned in its original packaging;
• be accompanied by the original sales receipt and all certificates supplied with the Product;
• and otherwise be suitable for resale as new.

Products that are worn, used, damaged, soiled, incomplete or returned without the required documentation may not qualify for a change-of-mind return. These conditions do not limit any statutory rights that may apply where a Product is defective, unsafe, damaged or does not comply with applicable legal requirements.

To request a return, you can either contact us at contact@latelierparis.co.za or complete the online return form within the applicable return period. We will provide you with the relevant return instructions.

Returns must be sent to:

L’Atelier Paris
Platinum Walk, Oceans Mall
7 Lagoon Drive
Umhlanga, Durban, 4320
South Africa

For a voluntary return, the Customer is responsible for the direct cost and risk of returning the Product, to the extent permitted by section 44 of ECTA and other applicable law.

We recommend using a reputable insured courier service that provides shipment tracking. Courier IT may be used for this purpose. The Customer should retain proof of dispatch until the return has been completed.

We cannot be responsible for a voluntary return that is lost before it reaches us where the Customer selected and arranged the return carrier. This does not apply where applicable law places the risk or expense of returning the Product on us.

You may contact us with any questions regarding a return at contact@latelierparis.co.za.

Article 8.2 - Defective, damaged or incorrect Products

Please inspect your order as soon as reasonably possible after delivery and contact us promptly if the Product:

• is defective or unsafe;
• is damaged upon delivery;
• is not the Product ordered;
• or otherwise fails to comply with the quality standards required by applicable law.

Please contact us at contact@latelierparis.co.za and provide the order details, a description of the issue and, where reasonably possible, supporting photographs.

Your rights in relation to defective, unsafe or non-compliant Products are governed by applicable South African consumer law, including sections 55 and 56 of the Consumer Protection Act 68 of 2008 (“CPA”).

Where a Product fails to satisfy the requirements and standards set out in section 55 of the CPA, the Customer may, within six months after delivery and subject to the CPA, return the Product without penalty and at the Seller’s risk and expense. At the Customer’s direction, the Seller must either repair or replace the Product, or refund the price paid, in accordance with section 56 of the CPA.

If a Product or component is repaired and, within three months after the repair, the original defect has not been remedied or another failure, defect or unsafe feature is discovered, the Seller will replace the Product or refund the price paid, as required by section 56(3) of the CPA.

The conditions applicable to voluntary returns, including the requirement that a Product be unused and suitable for resale, do not remove or restrict the Customer’s statutory rights in respect of defective, unsafe or non-compliant Products.

Article 8.3 - Customized Products

Products that have been personalized, customized or altered specifically for the Customer cannot be returned or exchanged for change-of-mind reasons. This includes, without limitation, Products that have been:

• engraved;
• embossed;
• resized;
• specially manufactured;
• modified;
• or otherwise personalized at the Customer’s request.

This exclusion is subject to sections 42 and 44 of ECTA and other applicable South African law.

The exclusion does not apply where the personalized or customized Product is defective, unsafe, incorrectly supplied or does not conform to the specifications agreed with the Customer. In those circumstances, the Customer retains any rights available under the CPA and other applicable law.

Article 8.4 - Refunds

Once we have received and inspected a returned Product, we will notify the Customer whether the return and refund have been approved.

For an eligible voluntary return, the refund will include the amounts that must be refunded under applicable law. The Customer remains responsible for the direct cost of returning the Product where permitted by section 44 of ECTA.

If the refund is approved, it will be processed using the original payment method within 10 business days after approval.

The time taken for the refunded amount to appear in the Customer’s account may depend on the relevant bank, card issuer or payment provider.

Where a statutory refund is due under ECTA, the CPA or any other applicable law, it will be processed within the period prescribed by that legislation. Nothing in this Article limits the Customer’s right to receive a refund within any mandatory statutory period.

If more than 15 business days have passed since we confirmed approval of the refund and the amount has not been received, please contact us at contact@latelierparis.co.za.

Article 9 - Liability

Nothing in these Terms excludes or limits any liability or consumer right that cannot lawfully be excluded or limited, including rights under the CPA and ECTA.

Subject to the preceding paragraph, we are not liable for losses caused by your misuse of a Product, failure to follow care or safety instructions, unauthorised modifications, or events beyond our reasonable control.

Any limitation or exclusion in these Terms must be interpreted only to the maximum extent permitted by South African law and must not be read as an attempt to avoid liability for gross negligence, prohibited conduct or any other liability that cannot lawfully be excluded.

Article 10 - Data Protection

Article 10.1 - Customer accounts and information

You agree to provide current, complete and accurate account, billing, contact and delivery information. You are responsible for keeping your account credentials confidential and for notifying us of suspected unauthorised use.

We may limit or cancel quantities purchased per person, household, account, payment method, billing address or delivery address where reasonably necessary to prevent fraud, abuse or unauthorised resale, subject to applicable law.

Article 10.2 - Personal information

We process personal information in accordance with the Protection of Personal Information Act 4 of 2013 (“POPIA”) and our Privacy Policy. Personal information may be used for purposes including processing orders, receiving payment, delivering Products, preventing fraud, providing customer support, complying with legal obligations and, where permitted, marketing.

We may share personal information with service providers involved in payment processing, hosting, delivery, customer communications, fraud prevention or other necessary operational services, subject to appropriate legal and contractual safeguards.

Please consult the Privacy Policy for information about your rights, how to contact us about personal information, and how to lodge a complaint with the Information Regulator where applicable.

Article 10.3 - User submissions and reviews

If you submit a review, comment, image, suggestion or other content, you confirm that you have the right to submit it and that it is accurate, lawful and does not infringe the rights of another person.

You grant us a non-exclusive, worldwide, royalty-free licence to use, reproduce and display that content for operating, promoting and improving our business and Website, subject to applicable privacy and consumer law. We may remove unlawful, misleading, abusive or infringing content.

Article 11 - Intellectual property

The Website and its content, including text, photographs, graphics, logos, designs, product presentations and software, are owned by or licensed to us and are protected by applicable intellectual property laws.

You may use the Website only for personal, lawful shopping and information purposes. You may not reproduce, distribute, modify, sell, exploit or create derivative works from the Website or its content without prior written permission, except as permitted by law.

Article 12 - Changes to the Website and these Terms

We may update the Website and these Terms from time to time. Changes apply prospectively from the date they are published and do not alter the terms of an order already accepted, unless the change is required by law or agreed with you.

We may suspend or discontinue parts of the Website for maintenance, security, operational or legal reasons. This does not affect rights already acquired under an accepted order.

Article 13 - Prohibited uses

You may not use the Website:

• for an unlawful, fraudulent or misleading purpose;
• to infringe intellectual property, privacy or other legal rights;
• to upload or transmit malicious code;
• to collect personal information unlawfully;
• to spam, phish, scrape or interfere with the operation or security of the Website;
• or to impersonate another person or submit false information.

Article 14 - Applicable law - Language

These Terms and the transactions arising therefrom are governed by and subject to South African law.

These Terms are written in English. In the event that they are translated into one or more foreign languages, only the English text shall prevail in the event of a dispute.

Article 15 - Disputes

These Terms and all online sales concluded through the Website are governed by the laws of the Republic of South Africa.

If a dispute arises, please first contact us at contact@latelierparis.co.za so that we can attempt to resolve it. Nothing in these Terms prevents either party from exercising any right or remedy available under applicable law or from approaching a competent court or statutory authority.

Promotional codes

The offer Newsletter is valid while stocks last. Offer not valid on second-hand products.

The operation applies after entering the code in the basket. Offer cannot be combined with other promotional operations in progress.