TERMS AND CONDITIONS
1. Trading Name
Megan Goldner Designs (“MGD”, “we”, “our” or “us”) is the registered trading name of Megan Goldner Designs.
2. Orders & Acceptance
These Terms & Conditions govern all contracts of sale and override any terms provided by the purchaser (“Customer”).
All orders are subject to product availability and acceptance by MGD. We may decline any order at our discretion.
Customers confirm that all details supplied for an order are correct and that any credit/debit card used is authorised and has sufficient funds.
We reserve the right to obtain validation of payment details before dispatch.
Orders cannot be cancelled once dispatched.
If an account is not settled in full within three (3) months of the order date, MGD may cancel the order and all deposits will be forfeited.
3. Custom & Keepsake Pieces
We must receive your keepsake inclusions (e.g. breastmilk, cremains, hair, fur, flowers) within three (3) months of your order or payment date.
If inclusions are not received within that time, the order will be cancelled and any payments already made will be retained.
A “Custom Design” means any item not listed as a standard product on our website (excluding simple resin colour variations).
4. Prices, Quotes & VAT
All prices are quoted exclusive of VAT, unless otherwise stated.
Quotes remain valid for fourteen (14) days from the date of quotation.
We reserve the right to change prices without prior notice.
Prices charged will be those current at the time the order is placed.
5. Payment
Payment may be made by major credit or debit card and must clear before goods or services are dispatched.
All cardholders are subject to validation checks and authorisation by their card issuer. If the issuer refuses payment we are not liable for delay or non-delivery.
All orders must be fully paid within three (3) months. Unpaid orders will be cancelled and deposits forfeited.
6. Delivery, Title & Risk
Delivery dates are estimates only. We make every effort to dispatch promptly but are not liable for delays.
If we cannot deliver within 120 days of order, the Customer’s sole remedy is to cancel and receive a refund of monies paid for that order.
Risk in the goods passes to the Customer on delivery to the nominated address.
Title remains with MGD until full payment is received.
Goods in transit are not automatically insured. Customers who require insurance must request a quote before payment.
Shortages or damage must be reported in writing within four (4) days of receipt.
7. Product Specifications
We endeavour to supply goods as advertised but minor variations in colour, dimensions or specifications may occur as part of ongoing product development.
8. Refunds, Returns & Warranties
MGD has a strict no-refund policy.
Refunds are considered case-by-case only for orders not yet created and only within three (3) months of order date. A 20% administration fee will apply to any approved refund.
Shipping costs are non-refundable and return shipping fees are the Customer’s responsibility.
All custom orders, bracelets and rings are made to order to the specified size; we cannot exchange items if the incorrect size was ordered.
Please refer to our separate Warranty & Returns Policy for detailed warranty information.
9. Limitation of Liability
We are not liable for any consequential or indirect loss, including loss of profits, goodwill, data or other financial loss.
Our liability for any other losses is limited to the invoiced amount of the relevant order.
Nothing in these terms limits liability for death or personal injury caused by our negligence.
10. Health & Safety
Goods supplied are safe when properly used for their intended purpose and when normal precautions are taken.
11. Force Majeure
MGD is not liable for failure to perform obligations when such failure is due to events beyond our reasonable control.
12. Errors & Omissions
We take care to ensure prices and descriptions are accurate. Errors and omissions are excepted and we may cancel any purchase or refund payment in full before dispatch.
13. Website Use
Harassment, impersonation or uploading of defamatory, obscene or illegal content is strictly prohibited.
Users must not upload media or content that infringes copyright, trademark, privacy or any other rights.
By submitting content you grant MGD a royalty-free, perpetual, worldwide licence to use, reproduce, modify and display that content.
We reserve the right to remove any material that is abusive, fraudulent, or otherwise objectionable.
14. User Content & Media
You warrant that you have the right to upload any media and that all persons appearing have given consent.
You agree not to upload media containing hate speech, obscene material, or software viruses.
By uploading media you grant MGD a perpetual, non-exclusive, worldwide, royalty-free licence to use and display the media, and you indemnify MGD against any related claims.
15. Competitions & Giveaways
Unless otherwise stated, competitions are open to South African residents over 18 years.
One entry per person unless otherwise specified.
Prizes are not transferable or exchangeable for cash.
Winners have 30 days to claim their prize.
MGD’s decision is final and no correspondence will be entered into.
Participants enter at their own risk and MGD bears no responsibility for any loss or harm resulting from participation.
16. Indemnification
You agree to indemnify and hold harmless MGD, its officers, employees and agents from any losses, damages or costs (including legal fees) arising from any breach of these Terms or any activity related to your account.
17. Cookies & Tracking Technology
Our website uses cookies to collect statistical data, track interaction with direct marketing and enhance your browsing experience.
By accepting these Terms you also agree to our Cookie Policy and Privacy Policy.
Cookies may be functional (essential for features such as login), performance (anonymous usage statistics), targeted advertising or third-party social media cookies.
Session cookies last only until you close your browser; persistent cookies remain until deleted or they expire, never longer than two (2) years.
For full details and how to manage preferences, see our Privacy Policy.
18. Gift Vouchers
Gift vouchers issued by Megan Goldner Designs are valid for six (6) months from the date of purchase, in accordance with section 63 of the South African Consumer Protection Act.
After the 6-month validity period the voucher will expire automatically and any unused balance will be forfeited.
Gift vouchers are non-refundable and cannot be exchanged for cash.
Vouchers may be redeemed only for products or services offered by MGD and cannot be used to purchase additional gift vouchers.
Any remaining balance on a voucher can be used for future purchases within the original 6-month validity period.
19. Governing Law & General
These Terms & Conditions are governed by and construed in accordance with the laws of South Africa, and the parties submit to the exclusive jurisdiction of the South African courts.
Nothing in these terms affects your statutory rights as a consumer.
Any provision held invalid shall be severed without affecting the remaining provisions.
Any variation of these Terms must be in writing and signed by an authorised MGD representative.
Notices may be sent by email and are deemed served once delivery is confirmed.
By registering on our website you consent to receive emails, including invitations to review your order. You may opt out at any time.
20. Contact
For any queries relating to these Terms & Conditions, please contact us at megan@megangoldnerdesigns.co.za.
