Terms of service

 

  1. TERMS OF SERVICE

These Terms of Use (“Terms”) govern your use of HAIRFILLERY website, located  at Pretoria, any affiliated websites, mobile applications, and services (the “Site”) provided. Please read these Terms before using or continuing to use the Site. Do not agree to these Terms unless you both fully understand and accept each provision. 

By using or continuing to use the Site, you represent and warrant that you understand, agree to, and accept all Terms of Services contained in these Terms. This website is operated by HAIRFILLERY. HAIRFILLERY offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms of Service (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. 

Please read these Terms of Service carefully before accessing or using our website. By accessing this site or any part thereof, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. 

Any new feature or tools which are added to the current store shall also be subject to the Terms of Service. The Terms of Service will be available at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. 



2. ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your Country of residence, and you have given us your consent to allow any of your minor dependents to use this site. 

You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws applicable in South Africa (including but not limited to copyright laws). 

A breach or violation of any Terms will result in an immediate termination of your Services. 


3. GENERAL TERMS

We reserve the right to refuse service to anyone for any reason at any time, within the ambit of any legislation applicable, including but not limited to the Consumer Protection Act, 2008. 

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. 

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. 

The headings used in this agreement are included for convenience only and will not limit or otherwise affect those Terms.

These Terms are entered into by and between HAIRFILLERY and you, and you accept them by (a) using the Site in any manner; and/or (b) acknowledging agreement with these Terms. If you do not agree to these Terms, do not use the Site. 

If there is any provision in these Terms that you do not understand, it is your responsibility to require HAIRFILLERY To explain it to you before you accept these Terms or continue using the Site. To the extent that anything in or associated with the Site is in conflict or inconsistent with these Terms, these Terms shall prevail, unless it is inconsistent with any legislation applicable, in which case the relevant legislation will prevail. 

Any express waiver or failure to promptly exercise any right under these Terms will not create a continuing waiver or any expectation of non-enforcement. 

If any provision of these Terms is found to be unenforceable by any legislation  or regulation, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of these Terms will remain in full force and effect. 

HAIRFILLERY may amend these Terms from time to time. By accessing the Site, you are bound to the Terms published on the Site at the time of any visit to and/or usage of the Site.

These Terms apply to Users who may be consumers for the purposes of the Consumer Protection Act 68 of 2008 (the “CPA”).

Nothing in these Terms is intended or must be understood to unlawfully restrict, limit, or avoid any right or obligation under the CPA. Any terms in contrast with the CAP, the CPA will prevail.


4. ORDERS, PAYMENT, DELIVERY, AND ACCURACY OF BILLING AND ACCOUNT INFORMATION

Orders may only be placed once you have registered on the Site and established a complete profile through which to place your orders. 

If you make payment via bank card when placing your order, upon receiving your order, your card will be debited when the relevant authorisations are confirmed. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched, the monies paid as a deposit shall be used as consideration for the value of goods you purchased. 

Where payment is made by credit card, HAIRFILLERY may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received and authorisation is obtained for the amounts due on the products/goods purchased. Should HAIRFILLERY not receive authorisation, your order for the goods will be canceled. 

You warrant that you are fully authorised to use the credit card supplied for purposes of paying for the goods. You also warrant that your credit card has sufficient funds available to cover all the costs incurred because of the services used on the Site. If you pay via direct bank deposit or electronic funds transfer (“EFT”), payment must be made within 24 hours of placing your order on the Site. If proof of payment is not received, HAIRFILLERY will cancel your order. 

If HAIRFILLERY  accepts your order (and payment has been made via bank card or EFT), we will provide you with a dispatch notice and deliver the goods to you as soon as reasonably possible, but no later than within 10 calendar days of receipt of your payment (“Delivery Period”), subject to your choice of delivery and the province in which your delivery will take place. 

HAIRFILLERY will notify you if we are unable to deliver the goods during the Delivery Period. You may then, within 5 calendar 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 of the goods ordered. 

HAIRFILLERY’S obligation to you is fulfilled when we deliver the goods to the physical address nominated by you for delivery of the goods. 

HAIRFILLERY IS NOT RESPONSIBLE FOR ANY LOSS OR UNAUTHORISED USE OF THE GOODS AFTER THE GOODS HAVE BEEN DELIVERED TO THE PHYSICAL ADDRESS NOMINATED BY YOU. 


5. PRODUCTS OR SERVICES

We have made every effort to display accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate. 

We reserve the right but are not obligated, to limit the sales of our products or Services to any person. We may exercise this right on a case-by-case basis. We reserve the right to limit quantities of any product or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. 

We do not warrant that the quality of any products, services, information, or other materials purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. 

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contracting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors. 

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates so that we can complete your transaction and contact you as needed. 


6. RETURNS 


6.1 Returns of products /goods purchased is governed by the provision of the Consumer Protection Act, 2008.

This Returns Policy regulates the conditions and circumstances in which goods will be accepted for return and refund. 

You are not entitled to any refund, repair, or replacement save to the extent that it is expressly provided for under this Return Policy. 

To complete your return, we require a receipt or proof of purchase. 


6.2 REFUNDS PROCEDURE FOR NON-DEFECTIVE PRODUCTS (if applicable):

If you are unsatisfied with your purchase after receiving the product and did not inspect product/goods before purchasing same, you are entitled to inspect the goods on delivery, and should the goods/product not meet your expectations you may refuse delivery or request a refund within a reasonable time from delivery of the goods. Non-Defective products that are returned will need to be in its original intact, undamaged packaging without being opened at all. Products needs to be returned at your own expense to our registered physical address. Before any goods are returned, please email admin@hairfillery.co.za. A refund will only be processed once the goods are returned and inspected and found to be in good order. 


The products must have been purchased directly from HAIRFILLERY’S online store. We cannot accept returns of products purchased from other retail outlets. Please return those to the store where purchased. 


6.3 DEFECTIVE PRODUCTS

Subject to Section 56 of the Consumer Protection Act 68 of 2008, (“the CPA”), if you have received a product HAIRFILLERY and found that the container (either plastic or glass), is defective or leaking, or if the pump or nozzle mechanism is defective, please submit your request within 10 (ten) days of purchase. 

In order for a Product to be deemed defective, you will need to state the proper reason for the return and include an explanation of the alleged defect, together with photos thereof. On receipt of your request and approval thereof we will gladly collect the product at our own expense and provide you with a refund or replacement. 

The products must have been purchased directly from HAIRFILLERY’S online store. We cannot accept returns of products purchased from other retail outlets. Please return those to the store where purchased. 

6.4 REFUNDS OR REPLACEMENT PROCEDURE FOR DEFECTIVE PRODUCTS (if applicable:

On receipt of your request, we will notify you of the approval or rejection of you refund or replacement. Should your request be approved, then your refund or replacement will be processed, on receipt of the original product. 


6.5 INCORRECT DELIVERIES

In cases where the return is as a result of the incorrect product being delivered on the part of HAIRFILLERY, this must be reported within 24 (twenty-four) hours after delivery. 


6.6 ADVERSE REACTIONS

HAIRFILLERY is committed to our consumers and want to know if anybody experiences an adverse reaction from using any of our products. 

All products are free from any known or common allergens. To ensure that you don’t use the product that contains ingredients you are allergic or sensitive to, make sure to read the ingredient list on the product packaging before purchasing or use. 



7. OPTIONAL TOOLS AND LINKING TO OTHER WEBSITES

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. 

Any use by you of optional tools offered through the site is entirely at your own risk and secretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). 

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service. This Site may contain links or references to other websites (“Third-Party Websites”) which are outside of our control, including those of advertisers. These Terms do not apply to those Third-Party Websites and HAIRFILLERY is not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon. 


8. ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). 


9. PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit other to perform or participate in any unlawful acts; (c) to violate any international laws, regulations, rules, laws in South Africa; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. 


10. INTELLECTUAL PROPERTY

The contents of the Site, including any material, information, data, software, icons, text, graphics, layouts, images, sound clips, advertisements, video clips, trade names, logos, trademarks, designs and service marks which are displayed on or incorporated in this Site (“Site Content”) are protected by law, including but not limited to copyright and trademark law. The Site Content is the property of HAIRFILLERY who retains copyright in the Site and all current and future content displayed on the Site which is not owned by third parties. 

In terms of a limited license, granted for general use, HAIRFILLERY grants the User, subject to these Terms, a non-exclusive, non-transferable, limited, and revocable right to access, display, use, download and otherwise copy the current and future content of the Site for your personal, non-commercial, and informational purpose only. 

The Site and its contents may not be reproduced, duplicated, copied, resold, or otherwise used for any commercial purpose without the express prior written consent HAIRFILLERY. 


11. YOUR OBLIGATION AND CONDUCT

In consideration of your use of the Site, you agree: 

  1. That you are of legal age and have the legal capacity to agree to these Terms ;

  2. To provide accurate, current, and complete information about you as may be prompted by a registration form on the Site (“Registration Data”);

  3. To maintain the security of your password and identification;

  4. To maintain and promptly update the Registration Data and any information you provide and, to keep it accurate, current, and complete; and

  5. To accept all risks of unauthorised access to information and Registration Data. 


12. CHOICE OF LAW

The Site is owned and operated within the Republic of South Africa. Therefore, these terms and conditions are governed by the laws of the Republic of South Africa.



13. MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. 


14.TERMINATING THE USE OF THE WEBSITE OR SERVICES

HAIRFILLERY may in its sole discretion and at any time discontinue providing the Site or the services or any part thereof, with or without notice should we believes that your conduct is in breach with or inconsistent with these Terms.


15. PRIVACY POLICY, ACCESS TO AND USE OF INFORMATION

We receive various types of information (“Information”) from you when you access the Website, including personal information as detailed in the Promotion of Access to Information Act (“PAIA”) Act 2 of 2000, and as detailed in Section 1 of ECTA (“Personal Information”). 

We may electronically collect, store and use Personal Information, including but not limited to name, contact details, surfing patterns, email, IP address. Should you believe that we do not adhere to the terms of the applicable laws, kindly inform us via email. We will review your request and within Our Sole discretion take corrective action if applicable. 




INTERCEPTION OF COMMUNICATION

It is possible for Internet-based communications to be intercepted. Without the use of encryption, the Internet is not a secure medium and privacy cannot be ensure. Internet email is vulnerable to interception and forging. 


You may visit the Website without providing any personal information. You accordingly grant express written permission for the Website servers in such instances to collect the IP address of your computer, but not the email address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent at the Website, pages viewed, etc. 

We assume no obligation to protect this information and may copy, distribute or otherwise use the information. 


We require certain Personal Information necessary to process a transaction if you require any of our products or services. 

We receive and store all Information, including Personal Information that you enter on the Website or give to use in any other way. You may choose not to provide certain Personal Information, but that may limit the services or products that you may wish to obtain from us. 

Your Information, that is required by affiliates and subsidiaries to give effect to transactions that you chose to enter into, is shared with those entities. The private information required for executing the orders placed through the e-commerce facility, namely your personal information, credit card details, delivery address, and telephone numbers will be kept in the strictest confidence by us and not sold or made known to third parties. Only the necessary information, that is the delivery address and contact phone number, will be made known to third parties delivering the product. 

Credit card transaction will be acquired for us via approved payment gateways. Our payment gateways use the strictest form of encryption. No credit card details are stored on our servers or Website. Customers will always have to manually input their CVC number and complete 3D secure (usually using a One Time Password, depending on your bank) to complete payment in these instances. 

We undertake that we have taken all reasonable precautions to secure the credit card processing that is carried out to receive payments for goods sold. We cannot be held liable for security breaches occurring on your electronic device (personal computer or other electronic device used to access the Website), which may result due to the lack of adequate virus protection software or spyware that you may inadvertently have installed on your device, or due to any other security breaches that occur notwithstanding the reasonable precautions we have taken. 


Personal Information will be stored for as long as it is used and for a period of one year, together with a record of the Personal Information and the specific purposes it was collected for. Personal information will be destroyed once it has become obsolete. 



16. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. 

You expressly agree that the use of the Site and our products is entirely at your own risk. 

HAIRFILLERY does not warrant that the Site’s functions will be uninterrupted or error-free, or that the Site or its server is free from viruses or other harmful components. You understand and agree that HAIRFILLERY is not responsible for the performance or conduct, whether on or off the Site. 

HAIRFILLERY shall not be liable for any loss or damage, whether direct, indirect or consequential or any expense of any nature whatsoever, which may be suffered by the User, which arises directly or indirectly from reliance on the Site and/or its content and the products.

You indemnify HAIRFILLERY, its owners, directors, employees, officials, agents, suppliers or representatives, and keep them fully indemnified, from and against any loss or damage suffered or liability incurred in respect of any third party, which arises from:

  1. Your use of the Site;

  2. Breach of these terms of use;

  3. Disputes with or between other Users;

  4. Violation of any applicable law or regulation;

  5. Inaccurate, untimely, incomplete or misleading User information, including without limitation with respect to registration, profile eligibility; or 

  6. Use of any products or any contracts or arrangements made or provided based on information, content and/or materials obtained on or through the site.

17. SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions. 


18. GENERAL DISCLAIMER

You agree to access and use the Site entirely at your own risk. You agree that HAIRFILLERY can rely on instructions that appear to originate from you even if they come from someone else impersonating you and unless you notify us of any irregularities, to act on any instruction purporting to originate from you. 

You agree and understand that you assume all risks when using the Site, including without limitation any and all of the risks associated with any online or offline interactions with other Users. HAIRFILLERY grants no warranties, express or implied, as to merchantability, fitness for purpose or the results of the use of its products. 

Any recommendations of products provided via the Site are not a source of professional advice. Users of the Site should always seek the advice of an appropriately qualified professional.


19. LEGAL DISCLOSURE 

Access to the services, content, software and content downloads available from the Site are classified as “electronic transactions” in terms of the Electronic Communications & Transactions Act 25 of 2002 (“ECT Act”) and therefore Users have the rights detailed in Chapter 7 of the ECT Act and the following information is required to be disclosed:

  1. The full name and legal status of the website owner is Hairfillery.

  2. The physical address and telephone number:
    Moreleta Park, Pretoria.

  3. The  email address is admin@hairfillery.co.za. 

  4. The physical address for the receipt of legal service: Moreleta Park, Pretoria.