Any reference to “we”; “us” and “our” in these Terms and Conditions is deemed to refer to SA Beauty Distributors (the “Company”). Any reference to “you” and “your” is deemed to refer to a user of the Website: www.sabeautydistributors.co.za (the “Website”) or purchaser of the products displayed on the Website (the “Goods”). Once the box labelled “I accept” has been ticked by you, a legally binding contract comes into existence between you and the Company.
TERMS AND CONDITIONS OF THE WEBSITE
The Terms and Conditions govern your use of the Website (www.sabeautydistributors.co.za).
1. Acceptance of the Terms and Conditions
The Company permits use of this Website subject to the Terms and Conditions. By making use of this Website you acknowledge that you are unconditionally bound by these Terms and Conditions. You may not use this Website if you do not agree to be bound to these Terms and Conditions.
2. Use of the Website
2.1. This Website is solely for use by individuals over the age of 18 years. If you are younger than 18 years old, you are required to have the involvement of a guardian. You acknowledge and agree that you are either: 18 years old or older; or you are being assisted by a guardian.
2.2. You may not use this Website to publish or display any graphics, words or printing of any kind that is offensive, rude, defamatory, insulting, or which amounts to hate speech or incitement to violence.
2.3. You agree that you may not copy or modify the Website or the information it contains. You may not display, publish, copy or print the information contained in this Website for any other purpose than that which it is intended.
2.4. No device, software or other instrument may be used to interfere or attempt to interfere with the proper workings of this Website.
3. Ownership and Copyright
3.1. Ownership of this Website, including the information, text, icons, graphics, layout, design, trade name vests in the Company and is subject to copyright in favour of the Company.
3.2. No unauthorised use, distribution or reproduction of the content of the Website is allowed and no licence or right in any contents is granted to or conferred upon you merely by your use of the Website.
4. Exclusion of liability and disclaimer
4.1. Any person who uses this Website or relies on the contents of the Website does so entirely at their own risk.
4.2. Despite the Company taking reasonable steps to ensure that the information displayed on this Website is accurate, the Company makes no representations as to the quality, timelines, availability or functionality of the Website or the accuracy or integrity of the information contained therein.
4.3. The Company provides no warranty, express or implied, in any of the information provided on this Website.
4.4. The Company makes no warranty or representation that the Website is free of viruses or destructive material of any kind that may cause damage to your computer system, computer network, hardware, software or any other computer apparatus.
4.5. The Company accepts no responsibility for errors or omissions on this Website.
5. Links/hyperlinks to third party websites
5.1. This Website contains links/hyperlinks to third party websites (“Third Party Websites”) outside of the control of the Company. The Company makes no representations as to the privacy policies of Third Party Websites, the accuracy of the information contained thereon or the practices of these Third Party Websites and no liability may be attributed to the Company in this regard.
5.2. Notwithstanding the fact that this Website contains links/hyperlinks to Third Party Websites, these Third Party Websites are used entirely at your own risk. Please ensure that you are familiar with the terms and conditions of each Website that you access.
6. Privacy
6.1. We respect your privacy. The only personal information we will require from you is your name, your e-mail address and your physical address.
6.2. We will not use or disclose your personal information (other than to those employees or third party service providers who may require this information to assist us with communicating with you) for any purpose without your consent unless the use or disclosure is required under any relevant law, is done by order of a court directive or other legal process or is required in order to protect our proprietary rights.
6.3. We will treat your personal information as strictly confidential and ensure that reasonable steps are taken to protect your personal information.
6.4. We will notify you if we become aware that the integrity of our security has been compromised or leaked and we will destroy all personal information relating to you promptly upon your request for us to do so.
6.5. In the event that you suffer any loss or damage as a result of the use by or disclosure of your personal information to a Third Party Website, the Company accepts no responsibility and advises you to ensure that you read all applicable terms and conditions and specifically pay attention to all privacy policies.
6.6. By using this Website you indemnify the Company against any claim by yourself as a result of loss or damage suffered by you by use of this Website and/or any Third party Website.
7. Amendments to the Terms and Conditions
These Terms and Conditions may be amended from time to time at the discretion of the Company and by using this Website you hereby agree to the amendments as and when they occur and you agree to transact with the Company on the changed Terms and Conditions as and when such changes become effective, whether or not such changes have been communicated to you.
8. Availability of the Website
8.1 The Company reserves the right to limit the availability of the Website as and when it is necessary for purposes of maintenance or other reasons.
8.2. The Company may at its own discretion terminate, modify or adapt this Website, its content and functionality without notice to you.
9. Governing Law
These Terms and Conditions shall be governed by and interpreted strictly in accordance with the laws of the Republic of South Africa.
10. Jurisdiction
In any action or claim involving the Company, you hereby submit to the jurisdiction of the Magistrates’ Court notwithstanding that the amount of the claim may exceed the monetary jurisdiction.
TERMS AND CONDITIONS OF SALE
1. The Sale
1.1. These Terms and Conditions govern the sale of the Goods by the Company to you by way of the Website.
1.2. Once the box labelled “I accept” has been ticked by you, a legally binding contract comes into existence between you and the Company.
2. Payment
2.1. Payment must be made by way of the Website and can be done in the following manners:
2.1.1. Credit card (VISA or Mastercard);
2.1.2. Bank transfer or EFT;
2.1.3. Direct deposit;
2.2. Once these Terms and Conditions have been accepted, a link to a secure site for payment of the applicable purchase price will be made available to you. All your purchase orders will be confirmed with you via e-mail.
3. Cancellation of Sale
3.1 In accordance with the Consumer Protection Act, you are entitled to cancel your order of Goods without penalty within 7 days after receipt thereof. In such event, the following will occur:
3.1.1. You will need to return the Goods to the Company, whereupon you will be refunded the postage/courier charges together with the purchase price of the Goods within 30 days;
3.1.2. The Agreement of Sale between you and the Company will be cancelled;
3.1.3. You undertake not to utilise the Goods.
PLEASE NOTE: CANCELLATION OF THE SALE AND REFUND CAN ONLY OCCUR WHERE THE ITEMS ARE IN THEIR ORIGINAL SEALED PACKAGING. FURTHER, THE SALE MAY NOT BE CANCELLED WHERE THE GOODS IN QUESTION ARE MADE TO ORDER.
4. Returns
4.1. Goods may only be returned to the Company if they are damaged, defective or not the Goods that you ordered. Damage must be reported within 24 hours of delivery.
4.2. We will advise you if we approve return of the Goods whereupon you may courier or post the Goods to our address, being 10 Monarch Road,Baronetcy Estate,Plattekloof ,7500 ,Cape Town
4.3. The costs of returning the Goods are for your expense and Goods must be returned to us within a period of 2 months after we have approved them for return.
4.4. All Goods that are returned must be sent to us using a trackable and insured delivery method.
5. Delivery
5.1. Delivery occurs through the South African Post Office (registered mail).
5.2. Delivery will occur as soon as is reasonably possible but by no later than 30 days after date of receipt of payment from you (the “Delivery Date”).
5.3. In the event that the Goods are not received by you by the Delivery Date, the Company will refund you in full for the Goods.
5.4. We cannot be held liable for damage to Goods in transit.
5.5. An e-mail will be sent to you upon dispatch of the Goods.
5.6. Private Courier can be arranged at an additional cost. Please contact us to arrange this if you require your Goods to be couriered.
6. Privacy
The Company takes your privacy very seriously and will use all reasonable endeavours not to allow your privacy to be compromised. However, due to the nature of the internet, the Company cannot guarantee that no unauthorised parties will have access to your information and the Company will not be held liable for any loss or damage that you may sustain as a result of unauthorised access to your personal information. Credit Card details are not kept by us under any circumstances.
7. Notices
7.1. The Company selects 10 Monarch Road,Baronetcy Estate,Plattekloof ,7500 ,Cape Town as its domicilium address. By filling in the delivery address on the order form, you give the delivery address as your domicilium address.
7.2. Any notices sent by prepaid registered post will be deemed to be received by you 10 days after the date of posting. Any notices delivered by hand will be deemed to be received by you on the date of delivery and any notices sent by e-mail will be deemed to be received by you upon receipt by the Company of a “read receipt”.
8. Breach
8.1. If either party breaches these Terms and Conditions and fails to remedy same within 7 (seven) days of being requested in writing to do so, the other party shall have all rights afforded to them in law, including the right to:
8.1.1. Cancel the agreement of sale forthwith and claim damages;
8.1.2. Uphold the agreement of sale, claim specific performance and damages.
8.2. This clause shall in no way limit the rights afforded to either party in law.
9. Governing Law
The Terms and Conditions and the sale agreement shall be governed and interpreted in accordance with the laws of the Republic of South Africa.
10. Jurisdiction
Both the Company and you consent to the jurisdiction of the Magistrates’ Court notwithstanding that the monetary amount of any claim may exceed such jurisdiction.
11. General
11.1. These Terms and Conditions of sale and the Terms and Conditions of the Website constitute the entire agreement between you and the Company and no other agreement, representation, warranty or undertaking shall be valid unless reduced to writing and signed by both the Company and you.
11.2. No waiver or indulgence. Extension or latitude that the Company may grant to you shall prevent the Company from exercising any of its rights under these Terms and Conditions.
11.3. You may not cede or assign your rights or obligations under these Terms and Conditions.
11.4. Any term contained herein that is declared invalid may be severed from the remaining Terms and Conditions and will not affect the validity thereof.
