Terms & Conditions

1. Introduction

These Website Standard Terms And Conditions (these “Terms”or these “Website Standard Terms And Conditions”) contained herein on this webpage, www.night-sky.com (“the Website”) , shall govern your use of this Website. By using this Website, you expressly accept all terms and conditions contained herein in full, and agree to be bound by these terms and conditions. www.night-sky.com, reserves the right to change or modify any of these Terms and Conditions in its sole discretion, which changes and/or modifications shall be effective immediately upon posting on “the Website”. You should frequently review these Terms and Conditions and any other applicable policies to continue to understand the Terms and Conditions that apply to your use of the Website.

You must not use this Website, and should exit such, if you have any objections to any of these Website Terms and Conditions.

This Website is not for use by any minors (defined as those who are not at least 18 [eighteen] years of age), and you must not use, and must exit this Website if you are a minor.

2. Restrictions

You are expressly and emphatically restricted from all of the following:-

1. Publishing any Website material in any media;
2. Selling, sublicensing and/or otherwise commercialising any Website material;
3. Publicly performing and/or showing any Website material;
4. Using this Website in any way that is, or may be, damaging to this Website;
5. Using this Website in any way that impacts user access to this Website;
6. Engaging in data harvesting, data extraction, data mining or any such other similar activity in relation to this Website, or while using this Website;
7. Using this Website to engage in any advertising or marketing;
8. Using this Website contrary to applicable laws and regulations, or in any way that causes, or may cause, harm to the Website, or to any person or business entity.

3. Intellectual Property Rights

www.night-sky.com and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved. You are granted a limited license only, subject to the restrictions provided in these Terms And Conditions, for the purpose of viewing and purchasing the material contained on this Website.

4. Trademarks and Copyrights

www.night-sky.com and any other product or service name or slogan, and still photography and video photography are trademarks and copyrights of www.night-sky.com and may not be copied, imitated or used in whole or in part by you.

5. Product information (Appearance, Availability, Pricing, Payment)

Because Diamonds are a Dollar based commodity, prices are quoted in US Dollars, the Rand/Dollar exchange rate at the time of viewing will also be displayed. This Rand price may be updated daily/ twice daily; as per Night Sky’s discretion and based on the exchange rate displayed on www.xe.com. The final Rand price will only be secured once the item has been checked out in the cart.

Whilst every effort has been made to ensure that our Website is as accurate and complete as possible, variations in the appearance of products in terms of size and colour may occur. In addition, we reserve the right to correct any pricing error that may occur. If for any reason, the product’s listed price is lower than the actual price, we will at our sole discretion, either contact you for further instructions, or, cancel the order and notify you of such cancellation. If the order has already been dispatched, you agree to either return the product, which cost will be borne by us, or pay the difference between the charged price and the actual price. Please note that all prices are subject to change without notice.

You acknowledge that products that have been purchased, may no longer be available, in which case we will contact you to either cancel your order or to find a suitable replacement.

By entering your payment information, including but not limited to your credit card information, and/or any promotional codes or vouchers, you authorise us and our third-party payment agents to process payment of your order accordingly. We are committed to providing secure online payment facilities, and payment for goods can be made via:-

1. Debit card
2. Credit card
3. Electronic funds transfer(EFT)
4. Paypal
5. Payfast
6. Paygate

PAYGATE Internet Merchant Card Processing Terms and Conditions

1. www.night-sky.com is a business in the diamond and jewellery industry that sells and manufactures diamonds and jewellery.
2. Subject to availability and receipt of payment, requests will be processed within two working days, and delivery confirmed by way of a tracking and/or waybill number issued by the courier company as represented by DHL/RAM.
3. The offering on this website is available to South African and international clients.
4. Returns and Refunds Policy:- see Night Sky Terms and Conditions clause 5.
5. Customer Privacy Policy:- see Night Sky Terms and Conditions clause 6.
6. Payment options:- see Night Sky Terms and Conditions clause 5.
7. Card transactions will be acquired for www.night-sky.com via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. DPO PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
8. Customer details will be stored by www.night-sky.com separately from card details which are entered by the client on the DPO Paygate’s secure site. For more details on DPO PayGate refer to www.paygate.co.za.
9. The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR) though the price in US Dollars is displayed.
10. www.night-sky.com takes responsibility for aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods:- see clause 5 of Night Sky Terms And Conditions.
11. This website is governed by the laws of South Africa and www.night-sky.com chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice or other documents or communication of whatsoever nature, www.night-sky.com.
12. www.night-sky.com, at its sole discretion, change this agreement or any part thereof at any time without notice.
13. This website’s company registration number K2011/130659/07.
14. Night Sky is a brand of Ramsden Diamonds (Pty) Ltd.
15. Company Contact Details
    Telephone: 011 404 5010
    Email: info@night-sky.com

PayGate(Pty)Ltd trading as DPO SA
Registration no: 1999/017441/07
www.paygate.co.za
Tel no: +27 087 820 2020
Email: conectsa@dpogroup.com