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Terms and Conditions
The following is the terms of the agreement between EKAPA MINERALS (PTY) LTD (“Company”) and the buyer (“Buyer”) of Polished Diamonds through www.kimberleysadiamonds.com (the “Site”). If you do not agree to these terms, you will not be able to purchase any Polished Daimonds, so please review these terms carefully:

1. INTRODUCTION

Buyer agrees to the terms and conditions outlined in this Online Contract ("Contract") with respect to the Polished Diamonds and information provided by or through the Site. This Contract constitutes the entire and only agreement between the Company and Buyer, and supersedes any and all prior or contemporaneous agreements, representations, warranties, and understandings with respect to Polished Diamonds and information provided by or through the Site, and the subject matter of this Contract. Buyer agrees to review this Contract prior to purchasing Polished Diamonds and purchase of Polished Diamonds shall be deemed acceptance of this Contract.

2. COPYRIGHT

The content, organization, gathering, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights, and, the copying, redistribution, use or publication by a Buyer of any such content or any part of the Site is prohibited.

3. EDITING, DELETING, AND MODIFICATION

Company reserves the right in its sole discretion to edit or delete any information or content appearing on the Site and to remove any Polished Diamonds for sale. Upon notice published over the Service, Company may modify this Contract, or prices, and may discontinue or revise any or all aspects of the Site in its sole discretion and without prior notice. Modification of this Contract will be deemed effective upon publication on the Site with respect to transactions occurring after said date.

4. RIGHT TO REFUSE

Company reserves the right in its sole discretion to refuse service at any time. Sales of any Polished Diamonds are subject to availability.

5. INDEMNIFICATION

Buyer agrees to indemnify, defend and hold Company and its affiliates, licensors and suppliers harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to a Buyer's violation of this Contract or use of the Site.

6. NON-TRANSFERABLE

Buyer's right to use the Service is not transferable and is subject to any limits established by Company or by Buyer's credit card company.

7. DISCLAIMER

THE SERVICE, CONTENT, AND POLISHED DIAMONDS FROM OR THROUGH THE SERVICE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE SOLE AND ENTIRE MAXIMUM LIABILITY OF COMPANY, FOR ANY REASON, AND BUYER'S SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE PARTICULAR POLISHED DIAMONDS PURCHASED. COMPANY AND ANY OF ITS AFFILIATES, DEALERS OR SUPPLIERS ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND BUYER. THIS SITE AND GOODS AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. SOME STATE STATUTES MAY APPLY REGARDING LIMITATION OF LIABILITY.

8. ACKNOWLEDGMENT

IF YOU AGREE TO BE BOUND BY THE TERMS OF THIS ONLINE AGREEMENT, please click the "I Agree" button before making a purchase. If you do not agree to the terms of the Subscriber Agreement, please click the “I Don’t Agree” button to log off the system.
If you don’t click on “I Agree” then you will not be able to purchase any goods or services.

SHIPPING POLICY

  • 14% Value Added Tax must be added to all purchases in South Africa

  • Due to the tedious and costly South African Export requirement, we will only conduct international exports for Polished Diamond purchases greater than US$ 2500-00, which can comprise one or more polished diamonds.

  • Fully insured shipping costs are to be added to the price. US$250-00 for International shipping and R250-00 for local shipping in South Africa

  • Due to the costly commission charges by Banks and Credit Card companies, we only accept Direct Bank Transfers (EFT) as a method of payment. We will provide our Banking information upon confirmation of an order.

  • Polished Diamonds are usually shipped within 2 -3 business days upon receipt of payment by our Bankers, as no Polished Diamond will be shipped until payment has been received in full.

  • Polished Diamond shipments cannot be made to P.O. Boxes, only to confirmed physical addresses

  • Every Polished Diamond is shipped with an invoice and an original grading certificate as well as a source verification certificate, and is fully insured for shipping.

  • RAM International is our preferred hand to hand courier for our Polished Diamonds

REFUND POLICY

Ekapa Minerals will accept the return of any polished diamond sold, subject to the following conditions:

  • For a full refund, polished diamonds  must be returned to us within 10 days of receiving them in their original condition.

  • Refunds will be in the original form of payment or by electronic funds transfer. Original shipping costs will be deducted from all refunds.

  • Polished Diamonds returned for refunds are inspected by GIA upon receipt prior to any refunds. Polished Diamonds that do not match product data in our records will be returned and a refund refused.

  • After returning polished diamods, please notify us directly of a tracking number and date. Please insure the polished diamonds against loss in transit, and prepay freight and handling costs.

Ekapa Minerals will not be held responsible for any polished diamond that is not returned in accordance with these terms.