Terms and Conditions
1.1 This website can be accessed at www.skinsmart.co.za (the “Website”) and is owned and operated by Skinsmart (Proprietary) Limited (“Skinsmart”, “we”, “us” and “our”).
1.2 The Website enables you to shop online for high-end and physician-strength skincare products (including samples) and services that are otherwise generally only available in a doctor’s office (“product(s)”).
c1.3 These Website Terms and Conditions (“Terms and Conditions”) govern (and apply to) the ordering, the sale, the delivery and the use of the products, and also to the use of the Website.
1.4 These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who registers as provided for below (“registered user”). By using the Website you acknowledge that you have read and agree to be bound by these Terms and Conditions.
2.1 These Terms and Conditions apply to users who are consumers for the purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
2.2 These Terms and Conditions contain provisions that appear in similar (‘bold’) text and style to this clause and which:
2.2.1 may exclude and/or limit the risk or liability of Skinsmart; and/or
2.2.2 may create risk or liability for the user; and/or
2.2.3 may require the user to indemnify Skinsmart; and/or
2.2.4 serve as an acknowledgement, by the user, of a factual or legal state of affairs. Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
2.3 If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Skinsmart to explain it to you before you accept the Terms and Conditions or before you continue using the Website.
2.4 Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation provided for in the CPA.
2.5 Skinsmart permits the use of this Website, and the sale and use of the products, subject to these Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all these Terms and Conditions unconditionally.
3.1 We strive to ensure that the products we deliver to you are of the highest quality. If for any reason you no longer want a product, and you wish to exchange it for another product or a store credit, you are entitled to do so, subject to the terms below (“Returns Policy”).
3.2 Kindly note that the Returns Policy is as follows:
3.2.1 All handling and courier costs incurred in returning the products to you will be deducted from any store credit or added to the cost of any new product(s) under/in terms of an exchange;
3.2.2 Any used products (which includes products which have been opened), or unused products specified as non-returnable, cannot be returned or exchanged;
3.2.3 Products (which may be returned/exchanged under this Returns Policy) must meet the following criteria in order to be accepted under this Returns Policy:
184.108.40.206 Each item must be unused, undamaged, in its original condition and in its original packaging (with the original labels and stickers attached, and intact); and
220.127.116.11 All accessories must be included;
18.104.22.168 The returns procedure specified below must be initiated by you within 7 days of your purchase.
3.3 To ensure your request is processed promptly you must follow the procedure below when returning your products:
3.3.1 call our office on +27 (0) 21 023 2501
, email [email protected], or log a complaint on our website to receive a return reference number (which will be provided to you within 7 days), and (at the same time) indicate whether you want to deliver the product(s) to us or have us collect it from you (as stated above, all handling and courier costs incurred will be deducted from any store credit or added to the cost of any new products under/in terms of an exchange );
3.3.2 the return reference number provided to you must be clearly marked on the return parcel;
3.3.3 product(s) must be packaged securely/adequately to prevent damage during transit;
3.3.4 if you are delivering to us, please ensure that the products reach us within 7 days of the returns reference number being provided to you.
3.4 Once we have received and inspected the products (and validated your return), we will deliver the replacement products or credit your account with the purchase price within 10 days of receiving the returned products.
3.5 Incorrect product
3.5.1 If we accidentally deliver the wrong products to you, please notify us within 7 days of such delivery/collection and we will collect the products from you at no charge;
3.5.2 Once we have inspected the products and validated your return, we will deliver the correct products to you as soon as possible (if the correct products are available) or (if you prefer) credit your account with the purchase price of the products within 10 days of receiving the returned products.
3.6 Defective or damaged products
3.6.1 We do our best to ensure that the products we deliver to you are of a high quality and without defects. A defect is a material imperfection in the manufacture of a product or any characteristic of a product, or its packaging, which renders the product incapable of being used for the intended purpose. Defective product examples include:
22.214.171.124 a container (either plastic or glass) that is leaking, or
126.96.36.199 a pump or nozzle mechanism that does not work.
3.6.2 Please read the product description and indications (for intended use, and effectiveness guidelines) carefully as an ineffective product is not a defective product.
3.6.3 The following will NOT be regarded as defects and will not entitle you to a return/credit under this Returns Policy:
188.8.131.52 faults/defects resulting from normal wear and tear;
184.108.40.206 packaging which is different from the photo on the Website;
220.127.116.11 damage arising from negligence, user abuse or incorrect usage of the product; and
18.104.22.168 where the product (although accurately described on the Website, the manufacturer’s website, or in the package insert and is generally fit for its intended purpose) does not suit you and/or work effectively on you, for whatever reason.
3.6.4 If you have received defective products or products that, at the time of delivery/collection, are damaged or missing any parts or accessories, please contact us on +27 (0) 21 023 2501
or [email protected] or log a complaint on our website within 7 days of delivery. We will arrange for the products to be collected. Once we have inspected the product(s) and validated your return, we will deliver the replacement products to you as soon as possible (if the product is available) or (if you prefer) credit your account with the purchase price of the products within 10 days of receiving the returned products.
3.7 Failure to initiate returns procedure within 7 days
3.7.1 If you fail to initiate the returns procedure within 7 days of purchase (whether in the case of returns without cause, defective/damaged product(s) and/or incorrect products) we reserve the right to refuse to accept the return of the products and/or to refuse to exchange the products and/or to refuse to credit your account.
3.8 Adverse Reaction
3.8.1 Some products (such as many anti-ageing creams) sold by Skinsmart contain active ingredients which can cause a transient, mild irritation of the skin upon initial use thereof. If you have developed a more severe reaction to any of these products or have any questions regarding these products, please contact us on +27 (0) 21 023 2501 or [email protected] Such product(s) are not defective and the Returns Policy will not apply to such products. You are strongly encouraged to first test every product on a small area of skin for signs of irritation, sensitivity and any adverse reaction to the product.
3.9 Standard Charges
3.9.1 If you return products, but you fail to return all of the accessories and/or parts that were sold with the products, we reserve the right to refuse to accept the return of the products and/or to refuse to exchange the products and/or to refuse to credit your account.
3.9.2 If you return products that do not comply with the Returns Policy, Skinsmart reserves the right to hold you liable for the cost of collecting the products from you and the cost of having the product returned to you.
4.1 Only registered users may order products on the Website.
4.2 To register as a user, you must provide a unique username and password and provide certain information and personal details to Skinsmart. You will need to use your unique username and password to access the Website in order to purchase products.
4.3 You agree and warrant that your username and password shall:
4.3.1 be used for personal use only; and
4.3.2 not be disclosed by you to any third party.
4.4 You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment for a products purchased on your account, save where the order is timeously cancelled by you.
4.5 You agree to notify Skinsmart immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
4.6 By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. 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 Website 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 to your use of this Website, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your legal obligations under these Terms and Conditions.
4.7 You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not use any robot, spider, other device, programme or process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised Skinsmart representative.
4.8 You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised Skinsmart representative.
5.1 Completing the online Skinsmart assessment on this Website does not replace proper consultation with a Healthcare professional or Dermatologist.
6.1 Registered users may place orders for products, which Skinsmart may accept or reject. Whether or not Skinsmart accepts an order depends on the availability of products, the correctness of any information relating to the products (including without limitation the correct price having been displayed) and receipt of payment or payment authorisation by Skinsmart for the products.
6.2 NOTE: Skinsmart will indicate the acceptance of your order by delivering the products to you or allowing you to collect them, and only at that point will an agreement of sale between you and Skinsmart come into effect (the “Sale”). This is regardless of any communication from Skinsmart stating that your order or payment has been confirmed. Skinsmart will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
6.3 Prior to delivery or your collection of the products, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. After delivery or your collection of the products, you may return such products only in accordance with the Returns Policy.
6.4 Placing products in a wishlist or shopping basket without completing the purchase cycle does not constitute an order for such products, and as such, Skinsmart may remove any products from such a wishlist or shopping basket for any reason, including if stock is no longer available or the price thereof might have changed, or it may increase the price of the products without prior notice to you. Thus, you cannot hold Skinsmart liable if such products are not available or are not available at the advertised price when you complete or attempt to complete the purchase cycle.
6.5 You acknowledge that stock of all products on offer is limited and that pricing may change at any time without notice to you. Skinsmart will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When products are no longer available after placing an order, Skinsmart will notify you and you will be entitled to a refund of the amount paid by you for such products.
6.6 The products, and any samples thereof, available on the Website are for your personal use only. You may not sell any of the products you receive from us. Should we suspect that any products are being purchased for re-sale, we are entitled to cancel your order immediately without notice to you.
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 products via –
7.2.1 debit card;
7.2.2 credit card: where payment is made by credit card, we 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 us and authorisation is obtained by us for the purchase price/amounts concerned. If we do not receive authorisation your order for the products will be cancelled. You warrant that you are fully authorised to use the credit card being used for purposes of paying for the products. You also warrant that the credit card has sufficient available funds to pay the purchase price/amounts concerned ;
7.2.3 Instant EFT.
7.3 You may contact us via email at [email protected] to obtain a full record of your payment. We will also send you email communications about your order and payment.
7.4 Once you have selected your payment method and you accept these Terms and Conditions, you will be directed to a link to a secure site for payment of the applicable purchase price for the products.
8.1 Skinsmart may from time to time make physical or electronic gift vouchers (“Gift Vouchers”) and promotional coupons or discounts (“Coupons”) available for use on the Website which may be used to purchase products (or for payment of a portion of the purchase price thereof). Gift Vouchers and Coupons can only be redeemed while they are valid. The terms applicable to all Gift Vouchers and Coupons are set out below:
8.1.1 Gift Vouchers
22.214.171.124 Gift Vouchers that are purchased by registered users are valid for 3 years from the date of being issued. Gift Vouchers that Skinsmart gives away for free are valid for the period stated thereon. Any Voucher that is not redeemed within that period will expire.
126.96.36.199 Gift Vouchers cannot be redeemed to buy Gift Vouchers or Coupons. They do not accrue interest and are not refundable for cash. If your Gift Voucher value is insufficient for the order you wish to place, you may make up the difference by paying via one of our other payment methods.
188.8.131.52 Skinsmart is not responsible for any harm due to the loss, unauthorised use or unauthorised distribution of a Gift Voucher, after it has delivered the Voucher to you or the email address nominated by you.
184.108.40.206 There are two types of Coupons; a Coupon with a fixed discount amount, e.g. R100 off (“Fixed Coupon“), and a Coupon with a percentage discount, e.g. 10% off (“Percentage Coupon“).
220.127.116.11 Coupons are issued in Skinsmart’s sole discretion and we are entitled at any time to correct, cancel or reject a Coupon for any reason (including without limitation where a Coupon has been distributed in an unauthorised manner). Users do not have a right to Coupons, and Coupons cannot be earned. Coupons are issued under specific terms and conditions regulating when and how they may be used.
18.104.22.168 As a general rule, and unless specified otherwise on the specific Coupon itself:
22.214.171.124.1 each Coupon can only be used once;
126.96.36.199.2 only one Coupon can be used per order;
188.8.131.52.3 only one Coupon can be used on the Website per person per promotion/campaign;
184.108.40.206.4 a Coupon must be used at check-out – it cannot be used later on existing orders; and
220.127.116.11.5 the value of the Coupon will be set off against the value of your shopping basket and the balance remaining, if any, will be payable by you.
18.104.22.168 Coupons cannot be used to buy Gift Vouchers or other Coupons, and cannot be exchanged or refunded for cash or credit. Skinsmart is not responsible for any harm due to the loss, unauthorised use or distribution of a Coupon.
22.214.171.124 If for any reason a Coupon does not reflect on the final amount due from you at check-out, you can contact [email protected] to confirm if the Coupon is still valid. If Skinsmart confirms that the Coupon is still valid and you have already placed your order, you can choose whether to cancel the order and place it again with the Coupon, or you can use the Coupon on your next order within the limitations of the specific Coupon’s terms and conditions.
126.96.36.199 You may be required to submit the original communication containing the Coupon code, and any other information reasonably requested by Skinsmart, before you are able to use a Coupon.
8.2 Returns when Gift Vouchers & Coupons were used to pay for an order
8.2.1 Where you have used a Fixed Coupon to pay for products, and you or Skinsmart later cancels your order (or part thereof) prior to delivery of the relevant product(s), or you wish to return such products in accordance with the Returns Policy, the value of the Fixed Coupon will be deducted off the purchase price of the cancelled or returned product(s). We will also provide you with a replacement Fixed Coupon of the same value. Skinsmart may in its sole discretion impose restrictions on the use of the replacement Fixed Coupon.
8.2.2 Where you have used a Percentage Coupon to pay for products, and you or Skinsmart later cancels your order (or part thereof) prior to delivery of the relevant product(s), or you wish to return such products in accordance with the Returns Policy, the value of the discount received using the Percentage Coupon will be deducted off the purchase price of the cancelled or returned product(s) (as applicable). We will also provide you with a replacement Fixed Coupon of the same value. Skinsmart may in its sole discretion impose restrictions on the use of the replacement Fixed Coupon.
8.2.3 IF you have used a Gift Voucher to pay for products (either in whole or in part) and you then return the products in accordance with the Returns Policy, we cannot refund you in cash for that portion of the purchase price which you paid using the Gift Voucher, but we will credit your account where applicable.
9.1 Any daily deals on products offered/referred to on the Website (“Daily Deals”) will be valid and shall be available from 09h00 – 23h59only. However, Daily Deals have a stock limit and may expire earlier if stock runs out.
9.2 Daily Deal quantities are limited and as such, after a Daily Deal is sold out, those particular products may only be available on the Website at their normal selling prices (but no longer as a Daily Deal).
9.3 We do not guarantee any saving. The extent of the Daily Deal discount, if any, is at the sole discretion of Skinsmart.
9.4 Adding a Daily Deal product to your cart, or completing your order for a Daily Deal without paying for it, does not reserve the item for you. Skinsmart must receive payment from you within 3 days of you placing your order for a Daily Deal, otherwise we will cancel your order.
9.5 Skinsmart will reserve stock for customers in the order in which it receives payment.
10.1 Skinsmart offers 3 (three) methods of delivery of products for delivery in South Africa. You may elect delivery in South Africa via:
10.1.1. Courier to a physical address in South Africa;
10.1.2 Self-collection at Suite 2034 Vincent Pallotti Hospital, Alexandra Road, Pinelands, Cape Town. Please refer to South Africa Delivery terms below.
10.2 For deliveries outside of South Africa, Skinsmart only offers self-collection from Suite 2034 Vincent Pallotti Hospital, Alexandra Road, Pinelands, Cape Town. Please refer to International Shipping terms below.
10.3. Where it accepts your order, Skinsmart will deliver the products to you as soon as reasonably possible, but no later than 30 (thirty) days of receipt of your payment (“Delivery Period”). We will notify you if we are unable to deliver the products during the Delivery Period. You may then, within 7 days of receiving such notification, elect whether or not to cancel your order for the products. If you elect to cancel your order, we will reimburse you for the purchase price.
10.4 Skinsmart’s obligation to deliver a products to you is fulfilled when we deliver the products to the physical address nominated by you for delivery of the order or the products are collected from the nominated collection point. Skinsmart is not responsible for any loss/damage or unauthorised use of any products after delivery to the physical address nominated by you or you have collected the products from the nominated collection point.
10.5 Delivery is free for purchases in excess of R500 and a flat courier fee applies to orders below R500.
11.1 We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of products on the Website. However, should there be any errors of whatsoever nature on the Website (and other than where you are entitled to a refund, a credit or a replacement product in the circumstances set out above), we shall not be liable to you or anybody else for any loss, claim, damages or expenses as a consequence thereof.
11.2 Skinsmart shall not be bound by and/or liable to you or anybody else in respect of incorrect information regarding our products displayed on any third party websites.
12.1 Any complaints regarding the use of the Website or the products supplied by Skinsmart should be directed to Skinsmart at the address included in the Notices section below or to [email protected]
13.1 We respect your privacy and will take reasonable measures to protect it, as more fully detailed below.
13.2 Should you decide to register as a user on the Website, we may require you to provide us with personal information which includes but is not limited to –
13.2.1 your name and surname;
13.2.2 your email address;
13.2.3 your physical address;
13.2.4 your gender;
13.2.5 your mobile number; and
13.2.6 your date of birth.
13.3 Should your personal information change, please inform us and provide us with updates to your personal information as soon as reasonably possible to enable us to update your personal information.
13.4 You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
13.5 Subject to the clauses below, we will not, without your express consent:
13.5.1 use your personal information for any purpose other than as set out below:
188.8.131.52 in relation to the ordering, sale and delivery of products;
184.108.40.206 to contact you for marketing purposes in respect of products offered by us or any of our divisions and/or partners (unless you have opted not to receive marketing material from us);
220.127.116.11 to inform you of new features, special offers and promotional competitions offered by us or any of our divisions and/or partners (unless you have opted not to receive marketing material from us); and
18.104.22.168 to improve our products selection and your experience on our Website by, for example, monitoring your browsing habits, or tracking your sales on the Website; or
13.5.2 disclose your personal information to any third party other than as set out below:
22.214.171.124 to our employees and/or third party service providers who assist us to interact with you via our Website, email or any other method, for the ordering of products or when delivering products to you, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently;
126.96.36.199 to our divisions and/or partners (including their employees and/or third party service providers) in order for them to interact directly with you via email or any other method for purposes of sending you marketing material regarding any current or new products or services, new features, special offers or promotional items offered by them (unless you have opted not to receive marketing material from us/them);
188.8.131.52 to law enforcement, government officials, fraud detection agencies or other third parties when we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report suspected illegal activity, or to investigate violations/breaches of these Terms and Conditions;
184.108.40.206 to our service providers (under contract with us) who help with parts of our business operations (eg fraud prevention, marketing, technology services etc). However, our contracts dictate that these service providers may only use your information in connection with the services they perform for us and not for their own benefit;
220.127.116.11 to our suppliers in order for them to liaise directly with you regarding any faulty products you have purchased which requires their involvement; and
18.104.22.168 to any Third Party Seller for purposes of sending you an invoice for any products purchased from such Third Party Seller, which disclosed information will be limited to your email address (refer to this clause 13 above).
13.6 We are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process served on us, or to protect and defend our rights or property.
13.7 We will ensure that all of our employees, third party service providers, divisions and partners (including their employees and third party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality obligations in relation to your personal information.
13.8 We will –
13.8.1 treat your personal information as strictly confidential, save where we are entitled to share it as set out in this policy;
13.8.2 take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
13.8.3 provide you with access to your personal information to view and/or update personal details;
13.8.4 promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;
13.8.5 provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request; and
13.8.6 upon your request, promptly return or destroy any and all of your personal information in our possession or control, save for that which we are legally obliged to retain.
13.9 We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.
13.10 Skinsmart undertakes never to sell or make your personal information available to any third party other than as provided for in this policy, unless we are compelled to do so by law. In particular, in the event of a fraudulent online payment, Skinsmart is entitled to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.
13.11 Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee privacy and we accept no liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.
14.1 Skinsmart may, in its sole discretion, change any of these Terms and Conditions at any time without notice to you. 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.
14.2 Any such changes will only apply to your use of this Website after the change is displayed on the Website. 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.
16.1 The contents of the Website, 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 Website (“Website Content”) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of Skinsmart, its advertisers and/or sponsors and/or is licensed to Skinsmart.
16.2 You will not acquire any right, title or interest in or to the Website or the Website Content.
16.3 Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law. To obtain permissions for the commercial use of any Website Content contact us via email at [email protected]
16.4 Where any of the Website Content has been licensed to Skinsmart or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.
17.1 The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.
17.2 Whilst Skinsmart takes reasonable measures to ensure that the content of the Website is accurate and complete, Skinsmart makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. If any such representations or warranties are made by Skinsmart’s representatives without express authority, Skinsmart shall not be bound thereby.
17.3 Skinsmart disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.
17.4 Although products sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the 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.
17.5 We do not warrant that the results that may be obtained from the use of the products will be accurate or reliable.
17.6 Any views or statements made or expressed on the Website are not necessarily the views of Skinsmart, its directors, employees and/or agents.
17.7 In addition to the disclaimers contained elsewhere in these Terms and Conditions, Skinsmart also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of Skinsmart, its employees, agents or authorised representatives. Skinsmart thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.
18.1 Subject to the provisions of the CPA and any other applicable legislation, our liability to you in connection with any products purchased is strictly limited to the purchase price of that product. Skinsmart will not be responsible or liable for any loss or damages (including indirect or consequential loss or damage) arising out of or pursuant to your purchase and use of the products, even if it is caused by our negligence.
19.1 This Website may contain links or references to other websites (“Third Party Websites”) which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and Skinsmart is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.
19.2 Notwithstanding the fact that the 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.
20.1 Skinsmart cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website. You are encouraged to contact us to report any possible malfunctions or errors by way of email to [email protected].
20.2 SKINSMART SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, THE WEBSITE OR THE CONTENT CONTAINED IN THE WEBSITE; OR YOUR INABILITY TO USE THE WEBSITE, AND/OR UNLAWFUL ACTIVITY ON THE WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
20.3 YOU HEREBY INDEMNIFY SKINSMART 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.
21.1 We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.
21.2 Skinsmart may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that Skinsmart will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time, to the extent possible.
21.3 If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any products, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.
21.4 Skinsmart is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website and/or have created multiple user profiles to take advantage of a promotion or Coupon intended by Skinsmart to be used once-off by you, to blacklist you on its database (including suspending or terminating your access to the Website), refuse to accept or process payment on any order, and/or to cancel any order concluded between you and Skinsmart, in whole or in part, on notice to you. Skinsmart shall only be liable to refund monies already paid by you (see Skinsmart’s Returns Policy in this regard), and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.
21.5 At any time, you can choose to stop using the Website, with or without notice to Skinsmart.
22.1 These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions and the products 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.
22.2 In the event of any dispute arising between you and Skinsmart, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Western Cape Division, Cape Town) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
22.3 Nothing in this clause 21 or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction.
23.1 Skinsmart hereby selects Suite 2034 Vincent Pallotti Hospital, Alexandra Road, Pinelands Cape Town, as its address for the service of all notices and legal process in connection with these Terms and Conditions (“legal address”). Skinsmart may change this address from time to time by updating these Terms and Conditions.
23.2 You hereby select the delivery address specified by you with your order as your legal address, but you may change it to any other physical address by giving Skinsmart not less than 7 days’ prior notice in writing.
23.3 Notices must be sent either by hand, or by email and must be in English. All notices sent –
23.3.1 by hand will be deemed to have been received on the date of delivery;
23.3.2 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.
24.1 For the purposes of the Electronic Communications and Transactions Act (“ECTA”), Act 25 of 2002, Skinsmart’s information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Website:
24.1.1 Full name: Skinsmart (Pty) Ltd, a private company registered in South Africa with registration number 2016/496455/07
24.1.2 Main business: Online retailer
24.1.3 Physical address for receipt of legal service (also postal and street address):
Suite 310, 3rd Floor, The Park Building, Park Road, Pinelands, Cape Town, 7405 (marked for attention: Dr Kesiree Naidoo)
24.1.4 Phone number: +27 (0) 21 023 2501
24.1.5 Official email address: [email protected]
24.1.6 PAIA: The manual published in terms of section 51 of the Promotion of Access to Information Act 2000 may be downloaded from here.
25.1 Skinsmart may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.
25.2 You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
25.3 Any failure on the part of you or Skinsmart to enforce any right in terms hereof shall not constitute a waiver of that right.
25.4 If any clause/term/provision of these Terms and Conditions is invalid, unenforceable, defective or illegal for any reason whatsoever, then such clauses/terms/provisions shall be deemed to be severable therefrom and the remaining clauses/terms/provisions of these Terms and Conditions shall be valid and shall remain of full force and effect.
25.5 Other than as provided for above, no variation of, addition to, deletion or agreed cancellation of these Terms and Conditions (and the agreement between Skinsmart and you) will be of any force or effect unless in writing and unless accepted in writing by or on behalf of the parties hereto.
25.6 No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
25.7 These Terms and Conditions contain the whole agreement between you and Skinsmart and no warranty or undertaking is valid unless contained in these Terms and Conditions.