Terms of service

1. Who we are and acceptance

These Terms govern your access to and use of the Miller Gold and Co website and purchases from us. “Miller Gold and Co”, “we”, “us” and “our” mean Miller Gold House (Pty) Ltd, registration number 2012/193876/07, with its principal place of business at 1 Thibault Square, 14th Floor, Foreshore, Cape Town, 8001. By placing an order, you accept these Terms, the Privacy Policy, Delivery Policy and Returns Refunds and Exchanges Policy, available on our website.

2. Eligibility and lawful use

You may use the website only for lawful purposes. You may not interfere with security, submit false information, introduce malicious code, scrape the site without permission, or infringe intellectual-property or privacy rights. If acting for an entity, you confirm authority to bind it.

3. Products and product information

We take reasonable care to describe products accurately. Product images are illustrative and screen colours may differ from the physical item. Unless expressly stated otherwise, precious-metal weight, purity, stone information, dimensions, certificates and other specifications are those shown on the relevant product page or supplied certificate. Natural variations and stated manufacturing tolerances are not defects. This does not limit rights that cannot lawfully be excluded.

4. Prices taxes and availability

Prices are in South African rand and include VAT (VAT number 4350252799). Delivery and other mandatory charges will be shown before order submission. Prices and availability may change before acceptance. If a genuine pricing, listing or stock error is identified, we may cancel the affected order and refund all amounts paid, or offer the option to proceed at the correct price. We will not substitute a product without express agreement.

5. Orders and contract formation

Submitting an order is an offer to buy. An automated acknowledgement is not acceptance. A contract is formed only when we send written acceptance or dispatch the goods, whichever happens first. We may decline an unaccepted order where reasonably necessary, including uncleared payment, unavailable stock, inaccurate information, suspected fraud, or legal/compliance requirements. If payment was received, we will refund it without undue delay.

6. Payment clearance and ownership

Payment must clear in full before release for dispatch or collection. We may request reasonable payment verification for a higher-value or unusual transaction. Ownership passes after cleared payment in full. This does not change allocation of delivery risk required by consumer law.

7. Delivery collection and risk

We deliver nationally within South Africa using MDS or another courier selected by us. Delivery costs are for the customer’s account and are generally approximately R300, subject to the delivery destination and any quoted amount at checkout. Estimated delivery is 3 to 5 working days after cleared payment and completion of any required verification. Collection is available from 1 Thibault Square, 14th Floor, Foreshore, Cape Town, 8001, by prior arrangement. Delivery dates are estimates unless expressly agreed. Risk passes in accordance with applicable law and ordinarily on delivery or collection.

8. Verification and compliance

We may require FICA or other identity and payment verification for orders over R49 000, and for selected high-value or unusual transactions. We may request reasonable identity, address, source-of-funds or payment-authority information before accepting, releasing or dispatching an order. We may delay, decline or cancel an order if we cannot complete verification reasonably required by law or our compliance procedures; if cancelled, we will refund cleared funds unless law requires otherwise.

9. Privacy and marketing

We process personal information in accordance with POPIA and our Privacy Policy. The CEO acts as Miller Gold House (Pty) Ltd’s Information Officer and can be contacted at info@mgandco.co.za. Marketing communications will be sent only where permitted by law and will include a practical way to opt out.

10. Returns refunds and exchanges

Subject to these Terms and applicable law, we may accept a change-of-mind return within 14 days after delivery or collection. The item must be returned to 1 Thibault Square, 14th Floor, Foreshore, Cape Town, 8001, unused, in its original condition, with all packaging, certificates, accessories and proof of purchase. The customer bears the return-delivery cost for a discretionary change-of-mind return. This policy does not limit a consumer right that cannot lawfully be limited.

11. Return handling charge

For an approved change-of-mind return, Miller Gold House may, on a case-by-case basis, deduct a reasonable handling charge of up to 10% of the purchase price where permitted by law and reasonably connected to inspection, repackaging, restoration or re-stocking costs. No handling charge applies to defective goods, incorrectly supplied goods, valid online cooling-off cancellations, unopened goods returned under section 20 of the Consumer Protection Act, or any return where law requires a full refund. The customer bears return-delivery costs for a discretionary change-of-mind return.

12. Cooling off and quality rights

Where section 44 of the Electronic Communications and Transactions Act applies, you may cancel an online purchase within seven days after receipt without reason or penalty; the only charge may be the direct cost of returning goods. Separately, goods that fail statutory quality, safety or fitness standards may be returned within six months under section 56 of the Consumer Protection Act, at our risk and expense and without penalty.

13. Special orders alterations and personalised goods

We offer personalised, engraved, resized and made-to-order items. Deposits may be required for custom work and are refundable, subject to applicable law and the terms confirmed in the relevant quotation or order confirmation. Change-of-mind and cooling-off rights may be restricted where law permits for custom-made goods; rights relating to defects, incorrect supply, misdescription or legal non-compliance remain unaffected. Before starting chargeable work, we will confirm the scope, price and estimated completion time.

14. Warranties and limitation of liability

We do not exclude warranties, remedies or liability that cannot lawfully be excluded. To the maximum permitted by law, we are not liable for unforeseeable indirect or consequential loss from website use. Nothing excludes fraud, gross negligence, unlawful exclusion of death or personal injury liability, or liability imposed by consumer law. Any limitation or assumption-of-risk term will be conspicuous before order placement.

15. Intellectual property and customer content

Website content, branding, photographs and text are owned by or licensed to us and may not be used without written permission except as law permits. If you submit a review, image, question or feedback, you grant a non-exclusive, royalty-free licence to use it for operating and promoting our business, subject to law and the Privacy Policy. Do not submit unlawful, infringing or confidential material.

16. Third party services

The website may link to or use third-party payment, courier, social-media or other services. Their terms and privacy practices apply to their services. We are not responsible for third-party content or services we do not control, subject to liability that cannot lawfully be excluded.

17. Suspension termination and force majeure

We may suspend access or cancel an unaccepted order where reasonably necessary for security, fraud prevention, legal compliance or a material breach. Neither party is liable for delay caused by events beyond reasonable control, except for refunds required by law. This does not excuse failures caused by lack of reasonable care or ordinary business planning.

18. Complaints and dispute resolution

Send complaints to info@mgandco.co.za with your order number and issue description. We aim to acknowledge them within 5 business days and substantively respond within 5 business days. You may use statutory consumer or alternative dispute-resolution channels. Nothing prevents either party approaching a court or regulator with jurisdiction.

19. Governing law and jurisdiction

These Terms are governed by South African law. A court or consumer forum with jurisdiction under applicable law may hear a dispute. This does not limit statutory rights as to forum or jurisdiction.

20. Changes severability and contact

We may update these Terms by posting a revised version with an effective date. Changes apply prospectively and do not alter an accepted order without your agreement, unless law requires otherwise. If one provision is unenforceable, the remainder continues. Contact us at info@mgandco.co.za or 073 039 5280.

21. General conditions

We may refuse service or access to the website where reasonably necessary for legal compliance, security, fraud prevention, protection of our rights, or a material breach of these Terms. Content other than payment-card information may pass through networks and systems operated by third parties. You may not reproduce, copy, resell or exploit the website or its content without our written permission, except where law permits.

22. Accuracy of website information

Website material is provided for general information. We take reasonable care but do not warrant that all website content is complete, current or error-free at all times. Product-specific information, price, availability and statutory consumer rights apply to an order. We may correct errors, inaccuracies or omissions and update website information at any time, subject to the order and refund provisions in these Terms.

23. Billing and account information

You must provide current, complete and accurate purchase, billing, contact and delivery information. You must promptly update information required for us to process an order or contact you. We may limit or cancel orders reasonably suspected to involve fraud, unauthorised resale, unlawful activity or inaccurate information.

24. Optional tools and third party links

We may provide access to third-party tools or links which are provided by third parties and not controlled by us. Your use of them is at your own discretion and subject to their terms. We make no endorsement or warranty regarding third-party tools or content, subject to rights that cannot lawfully be excluded.

25. User comments feedback and submissions

If you send us comments, feedback, ideas or other submissions, you grant us a non-exclusive, worldwide, royalty-free licence to use, reproduce, adapt, publish and distribute them for business purposes. We are not required to keep submissions confidential, compensate you or respond. You warrant that your submissions are lawful, accurate, non-infringing and free of malicious code.

26. Prohibited uses

You may not use the website or its content for an unlawful purpose; to violate applicable law; to infringe intellectual property; to harass, defame, discriminate against or harm another person; to submit misleading information; to introduce malware; to collect personal information without authority; to spam, phish, crawl or scrape; or to interfere with website security. We may terminate access for a prohibited use.

27. Indemnity

To the extent permitted by law, you indemnify Miller Gold & Co and its directors, employees, agents, suppliers and service providers against third-party claims, losses and reasonable legal costs arising directly from your unlawful use of the website, infringement of a third party’s rights, or material breach of these Terms. This does not apply to the extent caused by our own unlawful conduct, negligence or breach of statutory duty.

28. Severability

If any provision of these Terms is found unlawful, invalid or unenforceable, it will be severed only to the necessary extent. The remaining provisions continue in full force.

29. Termination

These Terms remain effective while you use the website. You may stop using the website at any time. We may suspend or terminate access where reasonably necessary in accordance with clause 17. Obligations and liabilities accrued before termination survive to the extent necessary.

30. Entire agreement

These Terms, together with our Privacy Policy, Delivery Policy and returns provisions in these Terms, constitute the entire agreement between you and Miller Gold & Co concerning use of the website and purchases made through it. They replace prior discussions, communications, representations and agreements relating to that subject matter. Nothing in this clause limits rights or remedies that cannot lawfully be limited or excluded, including rights under consumer-protection legislation.

Contact information

Questions about these Terms should be sent to info@mgandco.co.za or 073 039 5280.