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1.1. The following Terms and Conditions of sale (“Terms and Conditions) govern the ordering, sale and delivery of Goods, and the use of the website which can be accessed at www.beautyvault.co.za (the Site) and is owned and operated by Afriswift logistics (Pty) Ltd (We, Us, Our).
1.2. These Terms and Conditions are binding and enforceable against every person that accesses or uses this Site (“you”, “your”, “user” or “customer”).
1.3. By accessing or using the Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions. If You do not wish to be bound by these Terms and Conditions, You may not access, display, use, download, or otherwise copy or distribute Content obtained at the Site.
1.4. You must be 18 years old or the age of majority in your jurisdiction in order to make a purchase on our Site. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Site only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.
1.5. This contract shall be executed in English and shall be governed by the law of the Republic of South Africa (“South Africa”), including, but not limited to, the Electronic Communications and Transactions Act 25 of 2002 (as amended) (“the ECT Act”) and the Consumer Protection Act 68 of 2008 (as amended) (“the CPA”).
2.1. Information on products and services is available on the Site, and is provided in accordance with the disclosure requirements of the Electronic Communications and Transactions Act (“ECTA”), Act 25 of 2002.
2.2. The supplier of goods or services offered for sale by way of an electronic transaction, makes the following information available to consumers:
2.3. The supplier is Afriswift Logistics (Pty) Ltd (Supplier),
The products described on the Site, and any samples thereof we may provide to the customer, are for personal use only. Customers may not sell or resell any of these products or samples thereof. We reserve the right, with or without notice, to cancel or reduce the quantity of any products or samples to be provided to the customer that, in our sole discretion, may result in the violation of these Terms and Conditions.
4.1. All prices indicated for products available via the Site are inclusive of VAT at the current rates and are expressed in South African Rand. Delivery charges shall be added to the price of the products and are indicated separately on the order form. For further information please also visit the Delivery section of the Site.
4.2. We regularly verify that all the prices displayed on the Site are correct, however, we cannot guarantee the absence of errors. In the event that an obvious error in the pricing of a product is detected, we will offer the customer the opportunity to purchase the product at the correct price or to cancel the order.
5.1. You may purchase products from the Site as a guest user or you may register as a user.
6.1. The customer will be guided through the process of placing an order by a series of simple instructions on the Site.
6.2. To place an order, the customer must type in the quantity of product he/she wishes to purchase up to two (2) products of any single product. The customer may select “Add to Bag” or “Buy Now”. If the customer selected “Add to Bag” the product selected in the desired quantity will be added to the “shopping cart”. If the customer selects “Buy Now”, the customer will be sent to the “Checkout” page.
6.3. At any time during shopping the customer may review, add, remove or cancel the products in the shopping bag by clicking on “view cart”.
6.4. In order for the customer to proceed to “Checkout”, he/she must agree to these Terms and Conditions. The customer must follow the on screen instructions to proceed to checkout.
6.5. Once at checkout, the customer must enter their desired shipping address to calculate the shipping cost.
6.6. The customer must then proceed to payment section, where the customer will enter their payment method i.e. credit card or debit card and acknowledge and declare that he/she has read all the instructions provided during the checkout process and fully accepts these Terms and Conditions. Please see the payment paragraph, section 7 of these Terms and Conditions for payment methods.
6.7. The customer places an order request for products via the Site by clicking on the Submit button at the end of the order process.
6.8. After an order has been submitted, a “Thank You” page will be displayed, and the customer will receive shortly an email confirming receipt of the order. In accordance with the provisions of the ECT Act, the email confirming receipt of the order contains a summary of the Terms and Conditions, information on the essential characteristics of the purchased products, a detailed indication of the price and means of payment, information on delivery charges, information on the conditions and methods to exercise the right of withdrawal, the address to which complaints may be addressed, information on support services and on existing commercial warranties.
6.9. If an order confirmation does not arrive within 24 hours after submission, customer may contact us via email at the following address info@beautyvault.co.za for assistance.
6.10. If customers have any questions or concerns when placing an order or if they wish to enquire about a previously placed order, they may contact us via email at the following address info@beautyvault.co.za.
6.11. Customer may save a product as favourite, by clicking on “Add to Wishlist” below the “Buy Now” button. The product will then be moved to customer’s Wishlist section in “My Account”. To access customer’s Wishlist from any computer, customer must register or sign in with his/her account.
7.1. We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
7.2. Payment can be made for Goods via:-
7.3. For customer’s security, customer’s billing name and address must match that of the credit card used for payment. We reserve the right to cancel any order that does not match these criteria.
7.4. Once you have selected your payment method (save for direct bank deposit), you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.
8.1. Generally products are shipped within 5 to 7 days of receipt of an order. For any shipping information customers may contact via email at the following address: info@beautyvault.co.za
8.2. Customers will be sent an email with tracking details; a tracking number and link to the courier company webpage. After an order has begun being shipped, customers can track the delivery status of the order by clicking the link to enter the courier company webpage and enter the tracking number. Some carriers may not have tracking information available for up to 24 business hours after the order is shipped.
9.1. Subject to stock availability with suppliers and receipt of payment, requests will be processed within two (2) working days and handed over to a courier company for delivery. Delivery is free for orders in excess of R600 and a flat courier fee applies to orders below R600.
9.2. For very remote areas not serviced by standard couriers, We will deliver via Post Office or to the nearest town to You that is accessible by Fastaway Couriers within their normal routes. In these circumstances We will be in contact with You to arrange an alternative address.
9.3. We are unable to process orders to a P.O Box address.
9.4. We will supply all goods to the delivery company in good order and will reasonably endeavour to ensure that goods arrive at Your chosen delivery address in the same good order.
9.5. We will notify you if we are unable to deliver the Goods during the Delivery Period. You may then, within 7 (seven) days of receiving such notification elect whether or not to cancel your order for the Goods. If you elect to cancel your order, we will reimburse you for the purchase price.
10.1. Defective goods:-
Subject to section 56 of the Consumer Protection Act No. 68 of 2008, (“the CPA”), if you have received a product from us and found that the container (either plastic or glass), is defective or leaking, or if the pump or nozzle mechanism is defective, please contact via email at info@beautyvault.co.za within ten (10) days of purchase and we will gladly collect the product at our own expense and provide you with a refund, replacement or store credit
10.2. Incomplete/Incorrect delivery:-
If we accidentally deliver the wrong product to you, or if the product is not as described on the Site, please notify us and we will collect the product from you at no charge.
10.3. Unwanted products:-
Upon your order having left our premises, (i.e. has been shipped) if you no longer want the product(s), you have ordered, you may return it to our physical address within 7 days of the date the products at your own expense. If the product is unopened, and the original packaging is still intact. We will provide you with a Beautyvault credit. We do not provide monetary refunds in these circumstances.
10.4. Subject to Section 56 of the CPA, the above clauses in paragraph 9 are subject to the following reasonable guidelines:
Beautyvault
Attention: Returns
44 Hoylake Drive
Durban North
Kwazulu-Natal
4051
Any complaints regarding the use of the Website or the standard and quality of the product or products bought by You through the e-commerce facility should be directed to:
Beautyvault
44 Hoylake Drive
Durban North
Kwazulu-Natal
4051
Or to info@beautyvault.co.za
We may, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website. Changes to these Terms will become effective when the changes are posted to this Site. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.
Please review our Privacy Policy governing your use of and access to this Site so that you may understand our privacy practices.
The products and services available on the Site, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the products or services, or samples thereof, you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.
15.1. We shall take all reasonable efforts to accurately describe our products on the Site; however to the extent permitted by applicable law, we do not warrant that the product descriptions, colors, information or other content available on the Site are accurate, complete, reliable, current, or error-free.
15.2. This Site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice.
16.1. All information and content available on the Site and its look and feel, including but not limited to trademarks, logos, service marks, features, functions, text, graphics, photographs, button icons, images, audio clips, data compilations and software, and the compilation and organization thereof (collectively, the “Content”) is the property of Beautyvault or the property of our parents, subsidiaries, our affiliates, partners or licensors, and is protected by local laws, including laws governing copyrights and trademarks. Our trademarks and trade dress may not be used in any manner for any purpose without our express written consent.
16.2. Except for the limited licenses set forth in Section 17 below, or as required under applicable law, neither the Content nor any portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent.
17.1. We grant you a limited, revocable, non-transferable, and non-exclusive license to access and make personal use of the Site. You understand and agree that you will not do or attempt to do or cause any third party to do or attempt to do any of the following in connection with your use of the Site:
17.2. We also grant you a limited, revocable, non-transferable, and non-exclusive license to create a hyperlink to the home page of the Site for personal, non-commercial use only. A website that links to the Site (i) may link to, but not replicate, any and/or all of our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive controversial or illegal or inappropriate for any ages (as determined in our sole discretion); (v) may not portray us or our products or services in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; and/or (vi) may not link to any page of the Site other than the home page. We may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link and cease any linking unless separately and expressly authorized in writing by us to resume linking.
17.3. Any unauthorized use by you of the Site or any and/or all of our Content automatically terminates the limited licenses set forth in this Section 17 without prejudice to any other remedy provided by applicable law or these Terms and Conditions.
By accessing or using the Site or any Content, you agree that you will comply with these Terms and Conditions and any warnings or instructions on the Site. You agree that when accessing or using the Site or any Content, you will act in accordance with the law, custom and in good faith. You may not make any change or alteration to the Site or any Content or services that may appear on this Site and may not impair in any way the integrity or operation of the Site. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or willfully in any of the obligations set forth in these Terms and Conditions, you shall be liable for all the losses and damages that this may cause to us, our parents, subsidiaries, affiliates, partners or licensors.
Subject to the age restrictions outlined above, you may view and use many features of the Site without registering, including making purchases, but in order to access and use some parts of the Site, you may need to register an account with us. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. If there has been an unauthorized use of your password or account, please notify us immediately. You are responsible for providing and maintaining current, complete, accurate and truthful information on your account. You agree to accept responsibility for all activities that occur with your permission or authorization under your account, username and/or password, or because you fail to maintain sufficient security over your account, username and/or password. If you are accessing and using the Site on someone else’s behalf, you represent that you have the authority to bind that person as the principal to all Terms and Conditions provided herein, and to the extent you do not have such authority you agree to be bound to these Terms and Conditions and to accept liability for harm caused by any wrongful use of the Site or Content resulting from such access or use. You may cancel your online account with us at any time. To the extent permitted by applicable law, we reserve the right to refuse service and/or terminate accounts without prior notice if these Terms and Conditions are violated or if we decide, in our sole discretion, that it would be in our best interest to do so.
Beautyvault (Pty) Ltd and it’s owners “Us” reserve the right to disapprove, remove or delete any comments or product reviews at anytime of our discretion if made by “You” on Beautyvault.co.za when the comment is classified by “Us” to be irrelevant, spam, marketing content or intentionally damaging to the associated brand without merit or proof of the opinion. Beautyvault (Pty) Ltd and its owners “Us” reserve the right to disapprove or remove comments or product reviews made by “You” that have since been resolved or had the opinion proven to be inaccurate or false, either in written or verbal follow up correspondence and proof of resolve can be made available to both parties “You” and “Us”.
We are not responsible for the content of any third party sites even if they are linked to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by us, our parents, subsidiaries, affiliates or partners of the referenced content, product, service, or supplier. Your use and access of these third party websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of the third party websites or any other websites linked to or from the Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such websites, including without limitation, their privacy policies and terms and conditions. You should carefully review the privacy policies and terms and conditions of the third party websites you visit.
Our Website provides makeup and skincare products for sale. The use of any product bought from this Website is at Your risk. You and any other users indemnify us, our affiliates and subsidiaries and hold us, our affiliates and subsidiaries harmless against any loss, injury or damages which may be sustained as a result of using the products sold on the Website.
THE SITE, ITS CONTENT AND SERVICES ARE PRESENTED “AS IS”. NEITHER WE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SITE OR ANY OF THE CONTENT.
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) UNDER ANY CIRCUMSTANCES FOR ANY (A) INTERRUPTION OF BUSINESS; (B) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (C) DATA NON-DELIVERY, LOSS, THEFT, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (D) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (E) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; (F) ANY INACCURACIES OR OMISSIONS IN CONTENT; OR (G) EVENTS BEYOND OUR REASONABLE CONTROL. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT DEFECTS OR ERRORS WILL BE CORRECTED.
YOU AGREE THAT NO CLAIMS OR ACTION ARISING OUT OF, OR RELATED TO, THE USE OF THE SITE OR THESE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU HAVE A DISPUTE WITH US OR ARE DISSATISFIED WITH THE SITE, TERMINATION OF YOUR USE OF THE SITE IS YOUR SOLE REMEDY AND WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.
These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
In the event that you need to contact us for purposes related to these Terms and Conditions, or for any information, support on products and methods of purchase through the Site the customer may contact us by email to info@beautyvault.co.za or by post to the following address:
PO Box 496
Hyper by the Sea
Durban North
4051
