TEMS & CONDITIONS

1. Detailed description of goods and/or services

The Beautique is a business in the Beauty & Healthcare industry that focuses on all aspects of health & beauty therapy.

2. Delivery policy

Subject to availability and receipt of payment, requests will be processed within 1-2 working days after payment has been received and delivery confirmed by way of an email.

3. Export restriction

The offering on this website is available to South African clients only.

4. Return and Refunds policy

The provision of goods and services by The Beautique is subject to availability. In cases of unavailability, The Beautique will refund the client in full within 30 days. Cancellation of orders by the client will attract a 15% administration fee.

5. Delivery Policy

5.1. 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 R 1200.00 and a flat courier fee of R80 applies to orders below.

5.2. We do not deliver to Post-Offices. We will be in contact with You to arrange an alternative address should you submit of post office address for delivery.

5.3. We deliver to farms, military bases, major chain stores, power stations, game reserves, lodges, airports or harbours. We do not deliver to vacant land or plots.

5.4. 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.

5.5. Delivery times vary. On average customers can expect deliveries to metropolitan area addresses ie. Cape Town, Johannesburg, George, Port Elizabeth, Durban, Bloemfontein & Pretoria within 3-5 working days. Outlying areas expect delivery in 5- 7 working days.

6. Defective Goods, Adverse Reactions and Returns or Refund Policy

6.1. Subject to s56 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 us on 0835902783 or 0828526521 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.

6.2. Some products (such as many anti-ageing creams) sold on the Website contain active ingredients. Many of these products can cause transient, mild irritation of the skin upon initial use thereof. We thus recommend using these products not more than three times per week initially and then gradually increasing to daily use. If You have developed a more severe reaction to any of these products supplied by Us, please contact u. An experienced staff member, or Dr. Rhode Gerber, will endeavour to resolve any adverse reactions. Refunds on creams causing an adverse reaction will be judged on an individual basis.

6.3. Upon your order having left our premises (ie. has been shipped) if You no longer want the product(s) You have ordered, you may return it to our physical address within 5 days at Your own expense. If the product is unopened and the original packaging is still intact, We will provide You with a Beautique credit. We do not provide monetary refunds in these circumstances.

6.4. Subject to Section 56 of the CPA, the above clauses in paragraph 8 are subject to the following reasonable guidelines:

6.4.1. Products must have been purchased directly from Us. We cannot accept returns of products purchased from other retail outlets. Please return those to the store where purchased.

6.4.2. Products must be returned within 30 days of the order date.

6.4.3. Please include a copy of your receipt (or a note with your order #, name, email address and phone number) and your reason for returning the product(s).

6.4.4. We cannot accept returns or issue refunds on used products.

6.4.5. Original shipping and handling charges are non-refundable (if applicable).

6.4.6. Products specified as non-returnable or not for resale cannot be returned.

6.5. Please send any products for return or exchange to:

39 Everton Rd, Kloof, Durban, 3610

7. Customer Privacy policy

The Beautique shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from:

http://www.polity.org.za/attachment.php?aa_id=3569 .

8. Payment options accepted

Payment may be made via Visa and MasterCard or Zapper.

Card acquiring and security

Card transactions will be acquired for The Beautique via PayGate (Pty) Ltd who are the approved payment gateway for all South African

Acquiring Banks.

PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.

9. Customer details separate from card details

Customer details will be stored by The Beautique separately from card details which are entered by the client on PayGate’s secure site. For more detail on PayGate refer to www.paygate.co.za.

Merchant Outlet country and transaction currency

The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).

10. Responsibility

The Beautique takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.

10.1. USE OF THE WEBSITE IS AT YOUR SOLE RESPONSIBILITY AND RISK. THIS WEBSITE IS PRESENTED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, NO LATENT DEFECTS, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT AND TITLE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. DESPITE ANY WARRANTY WE MAY GIVE, WE WILL NOT BE LIABLE FOR ANY DEFECT ARISING FROM YOUR NEGLIGENCE, FAILURE TO FOLLOW INSTRUCTIONS (WHETHER ORAL OR IN WRITING) OR MISUSE. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF THE FORM IN WHICH ANY LEGAL ACTION MAY BE BROUGHT (WHETHER IN CONTRACT, DELICT (INCLUDING NEGLIGENCE) OR OTHERWISE), OUR MAXIMUM AGGREGATE LIABILITY FOR DIRECT DAMAGES FOR ANYTHING GIVING RISE TO LEGAL ACTION WILL NOT EXCEED ONE THOUSAND RAND. FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL LOSS OR DAMAGE (WHETHER FORESEEABLE OR UNFORESEEABLE) OF ANY KIND WHATSOEVER AND HOWSOEVER CAUSED (INCLUDING (a) LOST PROFITS, (b) INTERRUPTION OF BUSINESS; (c) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THIS WEBSITE; (d) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (e) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF THIRD-PARTY LINKS; (f) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THIS SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES (g) ANY INACCURACIES OR OMISSIONS IN CONTENT OR (h) EVENTS BEYOND OUR REASONABLE CONTROL. YOU AGREE THAT NO CLAIMS OR ACTIONS ARISING OUT OF, OR RELATED TO, THE USE OF THIS WEBSITE 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.

10.2. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD US HARMLESS FOR ANY LOSS, DAMAGES OR COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY THIRD PARTY CLAIM, ACTION, OR DEMAND RESULTING FROM YOUR USE OF THIS SITE OR BREACH OF THESE TERMS. YOU ALSO AGREE TO INDEMNIFY US FOR ANY LOSSES, DAMAGES, OR COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM YOUR USE OF SOFTWARE ROBOTS, SPIDERS, CRAWLERS, OR SIMILAR DATA GATHERING AND EXTRACTION TOOLS, OR ANY OTHER ACTION YOU TAKE THAT IMPOSES AN UNREASONABLE BURDEN OR LOAD ON OUR INFRASTRUCTURE.

11.Country of domicile

This website is governed by the laws of South Africa and The Beautique chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature.

12. Variation

The Beautique may, in its sole discretion, change this agreement or any part thereof at any time without notice.