terms & conditions
- These Terms of Use (“Terms”) govern your use of Skin Ingredients Pty Ltd’s website, located at https://skiningredients.com/, any mobile applications, and services (the “Site”) provided by Skin Ingredients Pty Ltd (“Skin Ingredients” or “we”). 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 and conditions contained in these Terms.
- The Site is located within the Republic of South Africa.
- Skin Ingredients provides the use of this Site, subject to your acceptance of these Terms, which govern your relationship with Skin Ingredients. The term “you” or “You” or “User” or “Users” shall refer to any person or entity who views, uses, accesses, browses or submits any content or material to the Site.
- These Terms are entered into by and between Skin Ingredients 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 ask Skin Ingredients 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.
- Any express waiver or failure to exercise promptly any right under these Terms will not create a continuing waiver or any expectation of non-enforcement.
- If any provision of these Terms is held invalid by any law or regulation of any government, 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.
- Skin Ingredients 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 purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
- These Terms contain provisions which may limit the risk or liability of Skin Ingredients or a third party and/or may create risk or liability for the User; and/or may compel the User to indemnify Skin Ingredients or a third party; and/or serves as an acknowledgement, by the User, of a fact.
- Nothing in these Terms is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation under the CPA.
- The Site has been developed to allow you and other customers to view and purchase products from Skin Ingredients based upon a skin assessment that all Users undertake. No other services are provided by the Site.
- You may only place an order with us 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 have purchased.
- Where payment is made by credit card, Skin Ingredients 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 by Skin Ingredients and authorisation is obtained by Skin Ingredients for the amounts. If Skin Ingredients does not receive authorisation, your order for the goods will be cancelled.
- 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 available funds to cover all the costs incurred as a result of the services used on the Site.
- If you pay via direct bank deposit or electronic funds transfer (“EFT”), payment must be made within 2 calendars days of placing your order on the Site. If proof of payment is not received, Skin Ingredients will cancel your order.
- Where Skin Ingredients 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”).
- Skin Ingredients 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.
- Skin Ingredients’ obligation to deliver goods to you is fulfilled when we deliver the goods to the physical address nominated by you for delivery of the order.
- Skin Ingredients will provide a delivery notice to confirm that delivery to the nominated address has been carried out.
- SKIN INGREDIENTS 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.
- Prior to delivery of the goods, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. Subsequent to delivery (or a delivery or dispatch notice) of the goods, you may cancel an order only if you return the goods in accordance with the Returns & Refunds provisions set out below.
- Should you for any reason wish to cancel your order after delivery to you, you must advise Skin Ingredients in writing of your cancellation and any such cancellation notice must be provided by the person who placed the order with us and must be communicated within 7 calendar days of delivery.
- The relevant goods must be returned to us, at your own cost, undamaged in the original packaging within 14 calendar days.
- If the goods are returned as set out, you will receive a full refund within 30 calendar days of our receipt of the returned goods (provided that you have made your bank details available to us).
- 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 Skin Ingredients is not responsible for the practices and/or privacy policies of those Third Party Websites or the ‘cookies’ that those sites may use.
- Notwithstanding the fact that the Site may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and Skin Ingredients 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.
- Skin Ingredients shall not be responsible for the contract or privacy policies of any websites to which the Site may link and shall not be liable in any manner whatsoever for any loss or damage that you may suffer as a result of the use of any linked access from the Site.
- The contents of the Site, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, 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 trade mark law. The Site Content is the property of Skin Ingredients or, in certain instances, of third parties who license such content to Skin Ingredients.
- Skin Ingredients 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 licence, granted for general use, Skin Ingredients 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 purposes only.
- This Site and its contents may not be reproduced, duplicated, copied, resold or otherwise used for any commercial purpose without the express prior written consent of Skin Ingredients.
- Skin Ingredients shall not be held responsible for any mistakes, omissions, interruptions or delays with regard to the content or any damage that results from your use of the Site.
- 8.1 In consideration of your use of the Site, you agree:
(a) that you are of legal age and have legal capacity to agree to these Terms (if you are under the age of 18, you acknowledge and confirm that you may not purchase any products from Skin Ingredients and may only access the Site under the supervision of your legal guardian);
(b) to provide accurate, current, and complete information about you as may be prompted by a registration form on the Site (“Registration Data”);
(c) to maintain the security of your password and identification;
(d) to maintain and promptly update the Registration Data and any information you provide to Skin Ingredients, to keep it accurate, current and complete; and
(e) to accept all risks of unauthorized access to information and Registration Data. - If you have sensitive skin, we recommend that you conduct a patch test before applying any Skin Ingredients products. If a patch test causes any adverse skin reaction, discontinue use immediately and see your doctor as soon as possible.
- You are entirely responsible for all content, including videos and photographs, that you upload, post, or otherwise transmit through your use of the Site (“Content”). You agree not to upload, post or otherwise transmit Content that:
(a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to Skin Ingredients or other users of the Site;
(b) includes unauthorised disclosure of personal information;
(c) violates or infringes anyone's intellectual property rights; or
(d) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. Skin Ingredients reserves the right to edit or remove Content that violates these Terms, that contains third-party commercial advertisements, or for any other reason it deems necessary.
- 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, and the User consents to the jurisdiction of the Western Cape High Court in the event of any dispute.
- While every effort is made to ensure that the information provided on the Site is current and accurate, you should not assume that this is always the case, and should consult other sources before making any decision to act on this information.
- The content on the Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Site.
- The Site may include information and materials uploaded by other users of the Site. This information and these materials have not been verified or approved by us. The views expressed by other users on the Site do not represent our views or values.
- No medical or health decision should be made based on any reviews or testimonials referred to on the Site. Furthermore, Skin Ingredients makes no warranty or representation, expressed or implied, as to the accuracy or sufficiency of the information contributed by outside sources, and assumes no responsibility or liability regarding the use of such information.
- Skin ingredients does not warrant the performance, effectiveness or applicability of any materials listed or linked to on the Site.
- Products offered on the Site are not intended to diagnose, treat, cure, or prevent any disease.
- Skin Ingredients may in its sole discretion and at any time discontinue providing the Site or the services or any part thereof, with or without notice if Skin Ingredients believes that your conduct is in breach with or inconsistent with these Terms.
- Skin Ingredients respects the privacy of all visitors to the Site. You may use the Site without providing any personal information. However, so that Skin Ingredients can regularly assess and improve the Site, it may collect information on the number of visits to the site and pages viewed. Skin Ingredients has a separate Privacy Policy which is linked to the Site. By using the Site, you agree to, and warrant that you understand, the provisions of the Privacy Policy.
- You expressly agree that the use of the Site and our products is entirely at your own risk.
- The Site and all its contents and the products are provided on an ‘as is’ basis, and Skin Ingredients makes no representations or warranties of any kind, whether express or implied, to the accuracy of the contents of the Site.
- Skin Ingredients 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 Skin Ingredients is not responsible for the performance or conduct, whether on or off the Site, of any User.
- Skin Ingredients expressly disclaims, and each User expressly releases Skin Ingredients from, any and all liability whatsoever for any losses, claims, actions and/or damages arising from and/or in any way related to the Site, including without limitation any acts and/or omissions of Users on or off the site.
- Skin Ingredients 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.
- In no event shall Skin Ingredients' total liability to you for all damages, losses and causes of action, whether in contract, delict (including but not limited to, negligence) or otherwise, exceed the aggregate amount paid by you to Skin Ingredients in the calendar year during which any such liability arose.
- Skin Ingredients, its agents or suppliers shall not be responsible for any direct or indirect special consequential or other damage of any kind whatsoever suffered or incurred by you related to your use of, or your inability to access or use, the content or the Site or any functionality of the Site or of any linked website, even where Skin Ingredients is expressly advised thereof.
- You will indemnify Skin Ingredients, 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:
(a) your use of the Site;
(b) breach of these terms of use;
(c) disputes with or between other Users;
(d) violation of any applicable law or regulation;
(e) inaccurate, untimely, incomplete or misleading User information, including without limitation with respect to registration, profile or eligibility; or
(f) 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.
- You agree to access and use the Site entirely at your own risk.
- You agree that Skin Ingredients can rely on instructions that appear to originate from you even if they come from someone else impersonating you and unless you notify Skin Ingredients 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.
- To the greatest extent permissible by law, Skin Ingredients grants no warranties, express or implied, as to merchantability, fitness for purpose or the results of use of its products.
- Any recommendations of products provided via the Site are not a source of professional or medical advice. Users of the Site should always seek the advice of an appropriately qualified professional.
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:-
- The full name and legal status of the website owner is Skin Ingredients Pty Ltd
- Skin Ingredients’ physical address and telephone number is 31 Piers Rd, Wynberg, Cape Town 7800, Cape Town and +27(0)21 797 0960
- Skin Ingredients’ website is https://skiningredients.com and its email address is sk.in@skiningredients.com
- Skin Ingredients’ registration number is 2010/150581/23 and it was registered in South Africa
- Physical address for receipt of legal service: 31 Piers Rd, Wynberg, Cape Town 7800
- Alternative dispute resolution: Subject to urgent and/or interim relief, all disputes regarding:
o access to the Skin Ingredients website;
o the inability to access the Skin Ingredients website;
o the services and content available from the Skin Ingredients website; or
o these terms and conditions;shall be referred to arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa and such arbitration proceedings shall be conducted in Cape Town in English. The arbitration ruling shall be final and the unsuccessful party shall pay the costs of the successful party on a scale as between attorney and own client; and - Users may lodge complaints concerning the Skin Ingredients website through the ‘Contact Us’ service provided on this website.
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