Terms & Conditions
*** Please make sure you have read our Delivery & Returns Policy as it forms part of the acceptance of our terms and conditions ***
PREGNANT OR BREASTFEEDING? CONSULT WITH A MEDICAL PROFESSIONALS BEFORE USING ANY OF OUR PRODUCTS.
All references to “the Company”, “we”, “us” and “our” in these terms and conditions are deemed to refer to Spa Professionals CC, T/A DermaFix, a private company incorporated in the Republic of South Africa and having its registered address at Unit 12 Deco Park, New Market Road, Northriding Johannesburg 2169.
All references to “you” and “your” are deemed to refer to any user and/or visitor of www.dermafix.co.za (“Website”).
These terms and conditions (“Terms and Conditions”) govern 1) your use of the website; and 2) your use of the forum.
Please note, all products are recommended as a general guideline and does not negate the necessity of consultation with a Skin Care Professional. Suitability may differ on physical analysis of the skin. In cases of severe skin conditions it is advisable that a full skin analysis be conducted at a recommended DermaFix stockist prior to the purchase of products online.
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
a) 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.
b) 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).
c) You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
d) 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 on 082 857 3457 or e-mail firstname.lastname@example.org .
a) 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.
b) 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.
c) 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.
d) The Company does not accept any responsibility for any errors or omissions on this Website.
e) 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
a) 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.
b) 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
a) 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.
b) 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
a) 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.
b) 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 in the event that it chooses to suspend, modify or terminate this Website.
a) 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
1) Sale of Goods
1.1) 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 at dermafix.co.za
1.2) 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 via email at email@example.com to obtain a full record of your transaction. We will in any event confirm all your purchase orders with you via email.
2.1) 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) Debit / Cheque card
*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.
Cancellation and Refund
1) You are entitled to cancel your order for the Goods, without penalty, provided the goods have not left the Distribution Centre.
2) 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, and
2.4) 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 as a consequence 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 Unit 12 Deco Park, New Market Road, Northriding, Johannesburg 2169 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.
Location: Unit 12 Deco Park, New Market Rd, Northriding, Johannesburg 2169
Mobile: 082 857 3457
Registered Post : Spa Professionals cc, PO Box 797, Douglasdale, 2165, RSA