Terms and Conditions
Welcome to the Mélan Skincare website (www.melanskincare.com) (hereinafter “the website”). The terms and conditions contained on the website will govern your use. Additional terms and conditions apply to online shopping which can be found below.
By using and/or purchasing goods through this website, you (“the user”) acknowledge that you have read and understood these terms and conditions and agree that you are bound by them. If you do not agree to these terms and conditions please do not use our website.
Should you have any questions regarding our general or online shopping terms and conditions you can contact us via email at firstname.lastname@example.org
OWNER OF THE WEBSITE: MELAN NATURAL SKINCARE CC
This website is owned and operated by Melan Natural Skincare CC (“Mélan Skincare”) a close corporation registered in the Republic of South Africa under the registration number 2010/166585/23.
Mélan Skincare has its physical address and chosen domicilium citandi et executandi (service address for legal proceedings) at 28 Oxford Street, Durbanville, Cape Town, Western Cape, South Africa, 7550.
Mélan Skincare can be contacted via email at email@example.com or telephonically at 079 3600 956.
PRICES OF GOODS OFFERED
Prices (inclusive of all taxes, fees and costs) of all standard items can be found on the website by clicking on the specific good on the homepage of this website and by following the instructions.
MANNER AND PERIOD WITHIN WHICH YOU CAN ACCESS A RECORD OF YOUR TRANSACTION
Full details of your transaction will be provided to you in writing via email after your order has been finalised.
PRIVACY & SECURITY OF INFORMATION
We respect your constitutional rights to personal privacy and privacy of communications.
Any private information (e.g. personal, credit card and contact numbers) provided by the users shall only be used for their own needs, will not be sold or made known to third parties without the their consent or unless we are compelled by law to do so and will be kept in the strictest confidence. Due to information travelling through the internet, we cannot guarantee the absolute security of the protection of your information, however we undertake to ensure that all reasonable efforts are taken that any information provided by you remain protected from third parties.
SECTION 44 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT 25 OF 2002
Not applicable in terms of Section 42 of Act 25 of 2002.
REVIEW, CORRECT & WITHDRAW
The user shall have the opportunity to review the entire electronic transaction and/or to correct any mistakes and/or withdraw from the transaction prior to confirmation of placement of the order.
DISCLAIMER AND EXCLUSION OF LIABILITY
The use of our website is at own risk and save from our liability to you in terms of the Consumer Protection Act 68 of 2008 and the Electronic Communications and Transactions Act 25 of 2002, Mélan Skincare or any representative of Mélan Skincare shall not be liable to you for any damage (including consequential damages), loss or liability of any nature arising out of the use of this website or the services or content provided from and through the website.
Mélan Skincare makes no representations or warranties of any nature, e.g. express, tacit or implied that the functions and working of the website will be free of error or omissions or that the website or server is free of errors.
The user of this website agrees to indemnify Mélan Skincare against any loss or damage suffered or liability incurred by reason of any act or omission on the part of the user, as permitted by the laws of the Republic of South Africa, in connection with the use of the website and/or the purchase of any goods through the website.
UPDATES AND AMENDMENTS
The terms and conditions may be amended by us. These updates and amendments will immediately be effective at time of posting thereof on the website. The user should check the website for any updates from time to time and the continued use of the website shall be considered as acceptance to abide by the amended terms of conditions.
INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights including but not exhaustive in literary (text, brochures, product specifications, electronic books), artistic works (photographs, drawings and other graphic works), music works (sounds, songs and melodies), sound recordings (recordings of music), cinematograph films (videos) and computer programs currently on the website are owned by or licensed to Mélan Skincare.
These rights are protected by the laws of the Republic of South Africa and may not be used without Mélan Skincare’s prior written consent. Unauthorised use, reproduction or distribution of any content on our website is an infringement of our intellectual property rights.
CHOICE OF LAW & JURISDICTION
The terms and conditions of this website is governed by the laws of Republic of South Africa and the user consents to the jurisdiction of the Magistrate’s Court should a dispute arise. If any term or condition is found to be contrary to any rule, act or regulation of the laws of the Republic of South Africa such provision shall still be applied to the maximum extent which is permitted by the law. In the event that a provision is in its entirety unenforceable such provision shall be severed from the specific transaction and the remainder of the terms and conditions shall have full legal force and effect.
By using this website or when sending emails to Mélan Skincare the user consents and acknowledges that all agreements, notices, disclosures and any other communications satisfies all legal requirements.
FORMATION AND VALIDITY OF AGREEMENT
- A binding agreement is concluded with full legal force and effect between the user and Mélan Skincare at the place and at the time and date that Mélan Skincare receives the user’s order via an electronic data message on its server. Thereafter the agreement can only be cancelled with Mélan Skincare’s consent.
- An electronic signature is not required to conclude an agreement with Mélan Skincare.
- An acknowledgement of receipt of the user’s order may be sent to the user by Mélan Skincare but is not a requirement for the conclusion of the agreement.
RISK AND OWNERSHIP
Risk in the products shall pass to the user or their representative on collection thereof. Mélan Skincare will however remain owner of the product until full payment has been received.
METHODS OF PAYMENT
Mélan Skincare accepts payments made by any Visa or MasterCard card, Electronic transfer from any of the major South African banks, as well as with Snapscan.
All payments made by card will be deemed to have been paid with immediate effect.
Through submitting your order and card details you warrant that you are authorised to make the payment and that sufficient funds are available to pay for your order.
DEFECTS, RETURNS, GUARANTEES AND REFUNDS
We cannot guarantee that all goods featured on this website will always be available. If you are dissatisfied with goods purchased from our website you may return it to Mélan Skincare’s physical address where a representative of Mélan Skincare must be afforded an opportunity to observe and inspect the goods in question, where after Mélan Skincare will in their discretion offer the user a refund, replacement or exchange. To be eligible for a return, your item must be in the same condition you received it, unopened or unused and in its original packaging.
Some products sold on the website contain active ingredients and some of these products can cause a mild irritation of the skin upon initial use thereof. We recommend using these products not more than three times per week initially and then gradually increasing to desired use. If you have developed a more severe reaction to any of our products please contact us at firstname.lastname@example.org. Refunds on products causing an adverse reaction will be judged on an individual basis.
CLAIMS FOR DAMAGE OR LOSS IN TRANSIT
Claims for loss in transit and/or non-arrival must be made to us and to the carrier in writing within seven days of the expected delivery date. Claims for damage to any of the contents must be made in writing to us.
The information contained in this website is not intended as a substitute for advice provided by a competent health care professional. You should not use this information in
diagnosing or treating a health problem. No claim or opinion in this page/website is intended to be, nor should be construed to be, medical advice. If you are taking any drugs (prescribed or not), or have a medical condition, please consult a physician or health care professional, who is aware of herb/drug interactions before taking any herbal or natural supplements.