Terms and Conditions of Sale
Terms & Conditions
Please make sure you have read our Sales Terms and Conditions as well as our Delivery & Returns Policies prior to purchasing product on our internet-based sales site.
All references to “the Company”, “we”, “us” and “our” in these terms and conditions are deemed to refer to The Face & Body Place, a private company incorporated in the Republic of South Africa and having its registered address at Centre of Advanced Medicine, 2nd Floor, South Building, 13 Scott Street, Waverley, Johannesburg, 2090.
All references to “you” and “your” are deemed to refer to any user and/or visitor to https://store.faceandbody.co.za (“Website”).
These terms and conditions (“Terms and Conditions”) govern:
- your use of the website and
- your use of the forum
Acceptance of terms
The Company permits the use of this Website subject to the Terms and Conditions (“Terms and Conditions”). By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.
Use of the Website
- You may only use the Website if you are 18 years of age or older. If you are under 18, you may use the Website only with the involvement of your parent or legal guardian.
- You agree that you will not use any device, software, or other instrument to interfere or attempt to interfere with the proper working of this Website. In addition, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised Company representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
- You may not use the Website to distribute material, which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
- You may not display, publish, copy, print, post or otherwise use the Website and/or the information contained therein for the benefit of any other website without the express prior written consent of an authorised Company representative.
Ownership and copyright
No licence to or right in any of such contents is granted to or conferred upon you. Any unauthorised use, distribution or reproduction of the said contents is prohibited. To obtain permissions for the commercial use of any content on this site contact our Website Admin Manager by e-mail at firstname.lastname@example.org
iS CLINICAL® products are formulated to be sold in conjunction with professional skincare direction only. While in-person appointments may not be possible at the time you wish to purchase iS CLINICAL products, The Face & Body Place recommends professional assistance to help select products best suited for your individual skincare needs. We encourage you to contact us for a recommendation to an approved practitioner. If is not possible we can arrange a Virtual Consultation with an approved Skin Therapist. If you have any other concerns in this regard please contact us at email@example.com
Pregnancy and Breast Feeding
iS CLINICAL® products are safe to use during pregnancy and nursing (lactation). Our products are classed as cosmetic and, as such, are non-systemic. This means they do not penetrate through the skin, into the bloodstream, and to other organs such as the uterus or breast. Therefore, all iS CLINICAL products should be safe to apply to skin during pregnancy and nursing.
- Any person who accesses this Website or relies on this Website or on the information contained in this Website does so at his or her own risk.
- While the Company takes reasonable measures to ensure that the contents of this Website are accurate and complete, the Company makes no representations or warranties, whether express or implied, as to the quality, operation, integrity, availability or functionality of this Website or as to the accuracy, completeness or reliability of any information on this Website.
- All information provided on this website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
- The Company does not accept any responsibility for any errors or omissions on this Website.
- In addition to the disclaimers contained elsewhere in these Terms and Conditions, the Company also makes no warranty or representation, whether express or implied, that the information or files available on this Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise or jeopardise the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way.
Linked third party websites
- This Website may contain links or references to other websites (“Third Party Websites”) outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third-Party Websites and the Company 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 this website may refer to or provide links to third party websites, your use of such Third Party Websites is entirely at your own risk and we are 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.
Limitation of liability
- The Company shall not be liable for any direct, indirect, incidental, special or consequential injury, loss or damages which might arise from your use of, or reliance upon, any material or content contained in, or inability to use, and/or unlawful activity on, the website and/or any linked third party Website.
- You hereby indemnify the Company against any loss, claim or damage which may be suffered by yourself or any third party arising in any way from your use of this Website and/or any linked third-party Website.
Changes to these Terms and Conditions
The Company reserves the right to update and/or amend the Terms and Conditions from time to time and without any notice, and you are accordingly encouraged to check the Website regularly. Any such change will only apply to your use of this Website after the change is displayed on this Website. If you use this Website after such updated or amended Terms and Conditions have been displayed on this Website, you will be deemed to have accepted such updates or amendments.
Availability and termination
- We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and reserve the right to discontinue providing the Website or any part thereof with or without notice to you.
- The Company may in its sole discretion terminate, suspend, and modify this Website, with or without notice to you. You agree that the Company will not be liable to you if it chooses to suspend, modify, or terminate this Website.
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.
Terms and Conditions of Sale
- Sale of Goods1.1) These Terms and Conditions of Sale govern the sale of products (“Goods”) by the Company to you via the Website. The Terms and Conditions of Sale are in addition to the terms and conditions of use of the Website, which can be viewed www.faceandbody.co.za1.2) Once you tick the box labelled “I accept”, these Terms and Conditions of Sale form a legally binding agreement between you and the Company. You may contact us by e mail at firstname.lastname@example.org to obtain a full record of your transaction. We will in any event confirm all your purchase orders with you via email.
- Payment2.1) Payment can be made via the Website by –2.1.1) Credit card- where payment is made by credit card, we may require additional information in order to verify the validity of payment. In such cases we reserve the right to withhold delivery until such time as this additional information is required.2.1.2) Electronic Funds Transfer (EFT)
*Once you accept these Terms and Conditions of Sale, you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.
Cancellations and Refunds
- You are entitled to cancel your order for the Goods, without penalty, provided the goods have not left the Distribution Centre.
- Once the Goods have left the Distribution Centre, you are entitled to cancel your order within 7 days of the Goods having been delivered to you. In such an event you will receive a credit of the goods and will be held liable for any delivery charge incurred. This is provided-2.1) You undertake not to utilise the Goods.2.2) The Goods must be sent back unopened.2.3) Your agreement of purchase will be deemed to have been cancelled, and2.4) You will be liable in terms of section 44(2) of the Electronic Communications and Transactions Act 25 of 2002 (as amended from time to time) for the direct costs of returning the Goods, such as courier and/or shipping charges where applicable.
If any party (“Defaulting Party”) breaches any of these terms and conditions and fails to remedy such breach within 14 (fourteen) days of receipt of notice to remedy the breach, the aggrieved party shall be entitled to claim specific performance or to cancel this agreement forthwith upon written notice to the defaulting party, without prejudice to its right to recover:
- Any amounts that may be due to it in terms of this agreement; and
- Any loss or damage suffered because of the breach or the cancellation of this agreement.
Governing law and jurisdiction
Our relationship and/or any dispute arising from or in connection with these terms and conditions of sale shall be governed by the laws of the Republic of South Africa. You agree to be subject to the exclusive jurisdiction of the South African courts.
The Company hereby selects as its address for the service of all formal notices and legal processes in connection with these terms and conditions of sale (“domicilium”). You hereby select the address specified on the Goods order form as your domicilium. Either party may change its domicilium to any other physical address by not less than 7 days’ notice in writing to the other party. Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English. All notices sent –
- By hand will be deemed to have been received on the date of delivery.
- By prepaid registered post, will be deemed to have been received 10 days after the date of posting.
- By email will be deemed to have been on the date indicated in the “Read Receipt” notification. ALL EMAIL COMMUNICATIONS BETWEEN YOU AND US MUST MAKE USE OF THE “READ RECEIPT” FUNCTION to serve as proof that an email has been received.
- Collected InformationData can be collected and processed during the operations of our website. The following are ways we may perform these actions:1.1 Data is collected regarding your visit(s) to our website and any resources used. Data collected includes but is not limited to location data, weblogs, traffic data, and any other communication information.1.2 Any forms you filled out on our site allow us to collect data such as registering for information or when you complete a purchase.1.3 If for any reason you communicate with our personnel or site, we may collect information.
- Cookie Usage
Your browser has the ability to decline cookies. This is done by setting your browser options to decline all cookies. Note: if you do decline the download of cookies, some aspects of our site may not work or allow you access. Our advertisers may download cookies over which we have no control. If used, these cookies are downloaded when you click on an advertisement found on our website.
2.1 We use Remarketing with Google Analytics to advertise online.2.2 Third-party vendors, including Google, show your ads on sites across the Internet.2.3 You and third-party vendors, including Google, use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimize, and serve ads based on someone’s past visits to your website.2.4 Visitors can opt-out of Google Analytics for Display Advertising and customize Google Display Network ads using the Ads Settings.
3. Our Use of Your Information
Information stored or collected regarding you helps us improve and offer services you need. The following is a list of ways in which we might use your data:
3.1 Any request you make of our site or personnel allows us to use information you provided us with, relating to the products or services we offer. We may also send you information on products or services you may be interested in, if consent has been received.3.2 Contract Commitments: We undertake to meet any Commitment we make to you.3.3 Changes or Improvements made to the site can warrant use of your information, without regard to notification of such changes.3.4 An existing customer may be contacted regarding products and services related to any item of previous sale you made on our site.3.5 We may use data or allow third parties to use information that is not related to goods or services you may be interested in. We or third parties contact you only if consent has been provided by you at any time, based on information we collected.3.6 Any new customer can only be contacted by us or third parties if consent has been offered via our site. We only send communications you have consented to.3.7 Anyone who does not wish to give consent for our site or third-party use can decline. Once we receive your withhold for consent, we will remove your details from any mailings or third-party communications.3.8 None of the information collected about you will offer identifiable characteristics. Information shared with a third party is statistical only. We will not reveal who you are, only mathematical information about our visitors.
4. Personal Data Storage
4.2 Information we are provided will be stored on secure servers. Transaction data is encrypted for your safety.
4.3 You should understand data via online transmission is not completely secure. We cannot guarantee full protection and security data, only that we take all reasonable action to protect information sent to us electronically. Transmission of any data by you is at your own risk. Where applicable you may be given access to sections of our site that require a password. You are responsible for the safety and confidentiality of the passwords.
5. Opt Out
5.1 If you wish to retrieve supplied information or to Opt-Out, please contact us by email at email@example.com
6. Information Disclosure
6.1 At times we may disclose personal information to persons in our group. This can include subsidiaries, holding companies, or any other subsidiaries involved in our business, if applicable.6.2 Third Party disclosure may occur for the following reasons: 6.2.1 Selling any or all of our business to a third party may result in sharing your information. 6.2.2 At any time when we are legally required to, we may disclose information about you and your visits to our sites. 6.2.3 To prevent fraud and help in fraud protection to reduce credit risk, we may disclose information.
7. Third Party Links
8. Information Accessibility
We cannot withhold data we collect about you. If you wish to have access about our data collection on you please, please contact us. An administration fee may be charged. The fee covers our costs for processing your request and getting the data to you. Please use the contact details below to formulate your data access request.
9. Contacting Us
Please feel free to contact us with queries, requests, or comments.
The Face & Body Place, Centre of Advanced Medicine, 2nd Floor, South Building, 13 Scott Street, Waverley, Johannesburg, 2090, South Africa
Tel: 011 684 1697 | Email: firstname.lastname@example.org
The Face & Body Place, Postnet 144, P.O.Box 92418, Norwood, 2117