Terms of service

Forever Gems Terms of Service

Last updated: 21 June 2026

These Terms of Service ("Terms") govern your use of the Forever Gems website and any purchases made through it.

This website is operated by Forever Gems ("Forever Gems", "we", "us", or "our"). Throughout the site, the terms "you" and "your" refer to the user, customer, or visitor.

By accessing our website, creating an account, or purchasing products from us, you agree to be bound by these Terms, our Privacy Policy, Return & Refund Policy, and any other policies referenced on our website.

If you do not agree to these Terms, you must not use this website or purchase products through it.

1. Business Information

Trading Name: Forever Gems

Physical Address:

81 General Hertzog Boulevard
Wellington, Western Cape, 7654
South Africa

Email: kobus@forevergems.co.za

Website: www.forevergems.co.za

Our online store is hosted by Shopify Inc., which provides the e-commerce platform enabling us to offer our products and services online.

2. Consumer Rights

Nothing in these Terms limits, excludes, or replaces any rights afforded to consumers under applicable South African law, including:

The Consumer Protection Act 68 of 2008 ("CPA");
The Electronic Communications and Transactions Act 25 of 2002 ("ECT Act");
The Protection of Personal Information Act 4 of 2013 ("POPIA"); and
Any other applicable laws and regulations.

If any provision of these Terms conflicts with applicable law, the relevant legal provisions shall prevail.

3. Eligibility and Acceptable Use

By using this website, you confirm that:

You are at least 18 years old or have the consent of a parent or legal guardian;
You have the legal capacity to enter into binding agreements;
You will provide accurate, current, and complete information when placing orders or creating an account;
You will not use our website for any unlawful or unauthorised purpose.

You must not:

Transmit viruses, malware, or other harmful code;
Interfere with the security or operation of the website;
Use automated tools to scrape, harvest, or collect data from the website;
Infringe our intellectual property rights or those of third parties;
Use the website in any way that violates applicable laws.

We reserve the right to suspend or terminate access to our website if these Terms are breached.

4. Products and Availability

Many Forever Gems products are unique, handmade, natural, or one-of-a-kind items.

All product descriptions, images, dimensions, weights, and pricing are provided in good faith and are as accurate as reasonably possible. Due to the natural characteristics of gemstones, minerals, fossils, meteorites, and handcrafted jewellery, slight variations in colour, size, shape, inclusions, and appearance may occur.

We cannot guarantee that your device's display will accurately represent product colours.

All products are subject to availability.

We reserve the right to discontinue products, limit quantities, or refuse orders where permitted by law.

5. Pricing and Order Acceptance

All prices displayed on our website are in South African Rand (ZAR) unless otherwise stated.

Prices may change without notice, but any changes will not affect orders that have already been accepted.

An order is only confirmed once payment has been successfully processed and you have received an order confirmation email.

We reserve the right to cancel or refuse an order where:

A product is no longer available;
A product has been damaged prior to dispatch;
An obvious pricing error has occurred;
We cannot deliver to your location using our service providers;
Fraudulent or suspicious activity is suspected.

If we cancel an order, we will notify you promptly and issue a full refund to your original payment method.

6. Delivery and Transfer of Risk

Estimated delivery times are provided for guidance only and are not guaranteed.

Ownership of products passes to you once full payment has been received.

Risk in the products passes to you upon delivery to the address specified in your order.

You are responsible for ensuring that delivery information is accurate and complete.

Additional customs duties, taxes, and import fees for international orders are the responsibility of the customer.

7. Returns and Refunds

Our Return & Refund Policy forms part of these Terms and is incorporated by reference.

Please review our Return & Refund Policy for details regarding:

Your seven-day cooling-off rights under the ECT Act;
Change-of-mind returns;
Defective products and your rights under the CPA;
Refund processing times.

8. Third-Party Services and Links

Our website may contain links to third-party websites, applications, payment gateways, or services.

We are not responsible for the content, availability, privacy practices, or terms of any third-party websites or services.

Your use of third-party services is at your own risk and subject to their applicable terms and conditions.

9. Intellectual Property

All content on this website, including text, photographs, logos, graphics, designs, product descriptions, and trademarks, is owned by or licensed to Forever Gems and is protected by applicable intellectual property laws.

You may not reproduce, distribute, modify, publish, or exploit any content from this website without our prior written consent.

10. User Content and Reviews

If you submit reviews, photographs, comments, suggestions, or other content to us, you grant Forever Gems a non-exclusive, royalty-free, worldwide licence to use, reproduce, publish, and display such content for marketing and business purposes.

You warrant that any content you submit:

Is accurate and lawful;
Does not infringe any third-party rights;
Does not contain defamatory, harmful, unlawful, or misleading material.

We reserve the right to remove user content at our discretion.

11. Personal Information

We process personal information in accordance with our Privacy Policy and applicable data protection laws, including POPIA.

By using our website, you consent to the collection, use, storage, and processing of your personal information as described in our Privacy Policy.

12. Disclaimer and Limitation of Liability

Except as required by applicable law, Forever Gems makes no warranties or representations beyond those expressly stated in these Terms or required under the CPA.

To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, consequential, or special damages arising from your use of our website or the purchase of our products.

Nothing in these Terms excludes or limits liability for:

Death or personal injury caused by negligence;
Fraud or fraudulent misrepresentation;
Gross negligence;
Defective products causing harm;
Any rights or remedies that cannot be excluded under South African law.

13. Indemnity

You agree to indemnify and hold Forever Gems, its owners, employees, contractors, and service providers harmless against any claims, damages, losses, liabilities, and expenses arising from your breach of these Terms or your unlawful use of the website.

14. Severability

If any provision of these Terms is found to be invalid, unlawful, or unenforceable, that provision will be severed, and the remaining provisions will continue in full force and effect.

15. Changes to These Terms

We reserve the right to update or amend these Terms at any time.

Any changes will be effective when published on this website.

Your continued use of the website after changes have been posted constitutes acceptance of the updated Terms.

16. Governing Law and Dispute Resolution

These Terms are governed by the laws of the Republic of South Africa.

We encourage customers to contact us directly to resolve any concerns or complaints.

If a dispute cannot be resolved directly, consumers may refer complaints to the Consumer Goods and Services Ombud or any other relevant dispute resolution body.

17. Contact Information

If you have any questions regarding these Terms, please contact us:

Forever Gems