Terms and Conditions of Website and Sale of Products
1.1 Content: All and any information, in whatever form, which appears on the
Website, including but not limited to all and any information relating to the Products.
1.2 CPA: The Consumer Protection Act 68 of 2008.
1.3 we/us/our: Kurlz and Kutz, a company duly registered and existing under the laws of South Africa, with registration number: 2015 / 406941 / 07, with its physical address at 42 BRAEMAR 175 LINDEN ROAD, JOHANNESBURG, SANDTON, 2196.
Tel: +27 66 066 2600
1.4 you/your: Any person who utilises the Website.
1.5 Products: Our products listed on the Website, including any services related to those products. “Product”, in the singular, shall carry the same meaning.
1.6 these Terms: The Terms and Conditions of the Website and the Sale of
Products as set out herein.
1.7 the Website: www.drcebionline.co.za
1. These Terms
These Terms govern your use of the Website. By accessing and using the Website, you agree to be bound by these Terms.
2. Amendment to these Terms
2.1 We may change, modify, add to or remove from portions or the whole of these Terms. Any such amendment to these Terms will become effective when the amendments are posted to the Website. We shall notify you of amendments to these Terms by posting a prominent notice on the Website. Your continued use of the Website following the posting of changes or updates will be considered notice of your acceptance of these Terms, including any changes or updates.
2.2 You are responsible for familiarising yourself with these Terms as well as any amendments hereto.
3.1 You acknowledge and agree that we shall be entitled to establish the authenticity of any communication transmitted to us by way of the Internet which purports to emanate from you.
3.2 You agree that all instructions, consents, commitments, reservations and any other communications which purport to emanate from you and which are sent to us by way of the Internet and which may (as a result of, inter alia, interception, equipment malfunction, the distortion of communication links or any other reason whatsoever) be different from the details actually sent or given, or may not have been given by you at all, shall be deemed to have been given by you in the form actually received by us and you will be bound by such details with no liability whatsoever attaching to us in regard thereto.
3.3 You waive any rights you may have or obtain against us arising directly or indirectly from any loss or damage of whatsoever nature which you may suffer as a result of the fact that we act on your instructions or instructions purported to emanate from you.
3.4 You hereby waive any claim against us for any liabilities, losses, costs, fines, damages and expenses incurred (whether directly or indirectly) by you, arising as a result of the fact that we have acted on your instructions or instructions which purport to emanate from you.
4. Website Availability
4.1 We shall use reasonable endeavours to ensure that the Website is accessible at all times.
4.2 Notwithstanding 4.1, we shall not be liable to you or any other person, and you hereby waive any claim you might have against us in respect of any loss or damage directly or indirectly arising out of the Website not being accessible, for whatever reason.
5. Intellectual Property Rights
5.1 All the content, trademarks and data on the Website, including but not limited to software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements and Product information are the property of or legally licensed to or legally accessed by us and, as such, are legislatively protected from infringement.
5.2 We own all copyright in respect of the Content.
5.3 You may download, view and print Content for private and non-commercial purposes only.
5.4 We cannot screen or edit all Content, and do not accept any liability for any legal, defamatory or obscene Content. You are encouraged to inform us of any content that may be offensive or illegal.
6.1 No person, business or website may create a link to any page on the Website without our prior written permission.
6.2 Hyperlinks provided on the Website to other websites:-
6.2.1 are provided as is, and we do not necessarily agree with, edit or support the content of such websites;
6.2.2 should not be interpreted as constituting a relationship between us and the operators of such other websites, or any endorsement of the Products, services or other content of those websites.
7.1 Neither we nor any of our employees, agents or other representatives shall be liable for any damage, loss or liability, of whatsoever nature, arising from the use or inability to use the Website. We make no representations or warranties, implied or otherwise, that the Content and the technology available from the Website is free from errors or omissions, or that the service will be uninterrupted and error free. You are encouraged to report to us any possible malfunctions and errors to the Website.
7.2 The Website is supplied on an “as is” basis and has not been compiled or supplied to meet your individual requirements. It is your sole responsibility to satisfy yourself prior to accepting these Terms that the service available from and through the Website will meet your individual requirements and be compatible with your hardware and/or software.
7.3 Use of the Website is entirely at your own risk. We make no representations or warranties of any kind, whether express or implied. We accept no liability, to the extent permitted by law, for any direct, indirect, incidental, special or consequential loss or damage of any kind whatsoever or howsoever caused arising from the access or use of our Website or the purchase of any of our Products.
7.4 You warrant that every instruction and all information given by you to us shall be accurate, true and correct. We make no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding, without limitation, the Website, the Content and/or accuracy thereof.
7.5 We do not warrant that the functions provided by the Website will be uninterrupted or error free, or that the Website or the server that makes it available are free from viruses or other harmful components.
7.6 You agree that you will not, in using the Website, infect it with any computer programming, including but not limited to a virus, that may damage, interfere with, delay or intercept data or information on the Website and you indemnify and hold us harmless for any damage or loss caused by any such act.
7.7 You agree, to the extent permitted by law, to indemnify us against any loss or damage suffered or liability incurred by reason of any act or omission on your part or that of any third party acting on your behalf in connection with your use of the Website and/or your purchase of any Products.
8. Limited License to General Users
8.1 We grant you, a non-exclusive, non-transferable, limited and revocable (reversible) right to access, display, use, download and otherwise copy the current and future Content for personal, non-commercial and information purposes only.
8.2 This Website and the Content may not be reproduced or otherwise exploited for any commercial purpose without our express prior written consent.
9. Access to and Use of Information
9.1 We receive various types of information from those who access the Website, including personal information.
9.2 We may electronically collect, store and use personal information.
9.4 Information may be shared and posted to your Facebook/Twitter should you elect this option.
9.5 It is possible for Internet-based communications to be intercepted.
9.6 Without the use of encryption, the Internet is not a secure medium and privacy cannot be ensured. Internet e-mail is vulnerable to interception and forging.
9.7 We shall not be responsible for any damages you or any third party may suffer as a result of the transmission of confidential or disclosed information which you make to us through the Internet, or which you expressly or implicitly authorise us to make, or for any errors or any changes made to any transmitted information.
9.8 To ensure acquaintance with and awareness of the privacy measures and policies you are urged to take care to read and understand the underlying privacy clauses incorporated in these Terms.
10.1 Casual Surfing
10.1.1 You may visit the Website without providing any personal information.
10.1.2 You accordingly grant express written permission for the Website servers in such instances collecting the IP address of your computer, and the email address or any other distinguishing information.
10.1.3 This information is aggregated (added up) to measure the number of visits, average time spent at the Website, pages viewed, and the like.
10.1.4 We use this information to determine use of the Website, and to improve Content.
10.1.5 We assume no obligation to protect this information, and may copy, distribute or otherwise use the information.
10.2 Unsolicited Information
10.2.1 If you post unsolicited content or other information to the Website and do not indicate otherwise:-
10.2.1.1 you grant us a:-
10.2.1.1.3 perpetual (everlasting),
10.2.1.1.4 irrevocable (irreversible) and fully sub-licensable,
right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such information throughout the world in any media.
10.2.2 you grant to us the right to use the name that you submit in connection with such Information, and warrant: –
10.2.2.1 that you own or otherwise control all of the rights to the information that you post;
10.2.2.2 that the said information is accurate;
10.2.2.3 that by the supply of the information to us:-
10.2.2.3.1 you do not violate these Terms and do not infringe the rights of any person or entity; and
10.2.2.3.2 that you indemnify us for all claims resulting from the receipt by us of the information you supply to us.
10.2.3 We may monitor and edit or remove any information, where posted to public pages. We take no responsibility, and assume no liability for any information posted by you or any third party.
10.3 Solicited Information
10.3.1 We require certain personal information necessary to process transactions.
10.3.2 We receive and store all information, including personal information which you enter on the Website or give to us, in any other way.
10.3.3 Your information that is required by persons appointed to deliver Products is shared with those persons, to the extent necessary to effect delivery.
10.4 Lawful Purposes
When we are served with due legal process requiring the delivery of personal information, we have the legal duty to abide by that demand, and will do so. We may also impart personal information if permitted or required to do so by law.
10.5 Surveys and Statistical Profiles
10.5.1 We understand that efficiency and customer care translates to good service. We may periodically conduct on-line customer care surveys to enable the updating of service standards.
10.5.2 When we conduct a survey, we must inform you how the information gathered will be used, and provide you with the opportunity to opt out from such surveys.
10.5.3 Despite terms to the contrary, we may choose to use personal information to compile profiles for statistical purposes and may choose to trade with such profiles and statistical data, as long as the profiles or statistical data cannot be linked to any specific data subject, including you, by a third party.
10.6.1 Personal information will be stored for as long as it is used and for a period of one year, together with a record of the personal information and the specific purposes for which it was collected. Personal information will be destroyed once it has become obsolete.
10.6.2 You agree that we may intercept, block, read, delete, disclose and use all communications sent or otherwise communicated to us, our employees, directors and other representatives.
B. TERMS AND CONDITIONS OF SALE OF PRODUCTS
11.1 All Products displayed on our Website are subject to availability and will be delivered only within the Republic of South Africa. All prices shown on our Website are quoted in South African Rands and are valid and effective only in the Republic of South Africa.
11.1 The Products, and any samples thereof, available on the Website are for your personal use only. You may not sell or resell any of the Products or Product samples you receive from us. If, in our sole discretion, we believe that any order to be filled or Products or services to be provided to you may result in a breach of this clause
11.1, we reserve the right, with or without notice, to cancel such order or reduce the quantity thereof.
11.2 Certain Products may be available exclusively online through the website. These Products may have limited quantities and are subject to return or exchange according to our return policy, set out in clause 14.
11.3 We have made every effort to display as accurately as possible the colours and images of our Products. We cannot guarantee that your computer monitor’s display of any colour will be accurate.
11.4 We reserve the right to discontinue or change the specifications of our Products from time to time without notice. We will inform you as soon as possible if any Products ordered by you are not available.
11.5 We reserve the right to change the prices of our Products from time to time. Changes in price shall not specifically be drawn to your attention. The onus is on you to properly ascertain the price of a Product when placing your order.
11.6 You acknowledge that, given the nature of the Products offered for sale on the Website, the Product which you purchase may not be fit for your purpose and, aside from what is described on the Product specifications, we do not warrant that the Product which you purchase is fit for your purpose. You accordingly waive any claim which you might have against us, for any loss or damage you may suffer as a result of a Product not being fit for your purpose.
12.1 Payment may be made via Payfast by Visa and Mastercard credit cards or Masterpass or Snapscan or by an immediate EFT/bank transfer into our bank account, the details of which will be provided at check-out. The payment system allows for review, corrections and withdrawal by you prior to placing a final order.
12.2 Cancelled orders on the e-commerce facility will be refunded after deduction of a 10% charge for administration costs.
12.3 We reserve the right to cancel an order for which payment has already been received. This may occur if stock is insufficient or the quality of goods ordered does not meet our standards. Should we exercise this right, you will receive a full refund with no deductions.
13. Delivery Policy
13.1. We offer 2 (two) methods of delivery of Products for delivery in South Africa. You may elect delivery in South Africa via:
13.1.1 Courier to a physical address in South Africa (you are to ensure there is someone to receive the Products at time of delivery). Signature of the delivery note/waybill of the courier by any person at the delivery address, irrespective of whether that person is authorised or not, shall be prima facie proof of delivery of the Products to you;
13.1.2 Collection at our physical address weekdays between 11:00 – 16:00 Mon – Friday, 11 – 15:00 Weekends
131 Oxford Road Cnr. Northwold Road, Rosebank
13.1.3Proof of identity and an order confirmation generated on the Website, shall be required for collection under clauses 13.1.2 and 13.1.3.
13.2 Subject to stock availability and receipt of payment, orders for the purchase of Products will be processed within two (2) working days and handed over to a courier for delivery.
13.3 Delivery is free for orders in excess of R1000.00 (one thousand rand) and a flat courier fee applies to orders below R1000.00. You will be notified of this fee on placing your order and before payment.
13.4 No PO Box addresses will be accepted as a delivery address.
13.5 Delivery times may vary. On average you can expect deliveries to metropolitan area addresses within 2-3 business days. In any other areas you may expect delivery in 3-5 business days. Delivery times are based on information from our delivery partners and are subject to delay due to causes outside of our control. We are not liable for any loss or damage which you may suffer as a result of late delivery.
13.6 All risk in and to the Products shall pass to you on delivery of the Products, as envisaged in clause 13.1. We are accordingly not responsible for any loss or 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.
13.7 We have outsourced all delivery and collection arrangements. Accordingly, we cannot, to the extent permitted by law, be liable for any damage suffered or loss incurred by reason of any acts or omissions of the deliverer, its directors, employees, sub-contractors, agents, representatives and/or affiliates.
13.8 We are not liable for any incorrect order or delivery where you make an error in the information that you provide to us.
14. Defective Goods, Returns and Credit Policy
14.1 Defective Products
14.1.1 In the event that you receive a Product from us which is defective, subject to clause 14.2, below, in that the container is defective or leaking, or the pump or nozzle mechanism is defective, please contact us via email at email@example.com or call on +27 066 2600 between 10:00 – 17:00 within seven (7) days of delivery. We will arrange for the defective Product to be collected and either replaced or you will be provided with a credit, provided the Product is unopened, unused and in its original packaging.
14.1.2 The following will NOT be regarded as defects and will not entitle you to a return or refund under this section:
188.8.131.52 defects arising from normal wear and tear of the Product;
184.108.40.206 defects arising directly or indirectly from your negligent or incorrect use of the Product;
220.127.116.11 where the specifications of a Product, although accurately described on the Website and generally fit for its intended purpose, do not suit you or are not fit for your purpose; and
18.104.22.168 in relation to unpackaged Products, signs of handling and/or repackaging.
14.2 Return of Non Defective Products
14.2.1 In the event that you no longer require a Product which you have ordered, and such Product has been delivered or is with the deliverer, you may return the Product to our physical address within seven (7) days of delivery at your own expense. The Product must be unopened and in its original packaging including any seals or plastic wrapping. Any accompanying free gifts, samples or accessories must also be returned.
14.2.2 All Products must be returned to
131 Oxford Road Cnr. Northwold Road, Rosebank.
14.2.3 You are to include a copy of your receipt (or a note with your order number, name, email address and phone number) and your reason for returning the Product.
14.2.4 Upon receipt of the returned Product, you will be notified of receipt by email and whether or not your return of the Product is approved or rejected.
14.2.5 If your return of the Product is approved, we will provide you with a credit to the value of the Product for use in future purchases. We do not provide monetary refunds in these circumstances. Any Product which was a sale item or was specified as non-returnable or not for re-sale, cannot be returned under this clause 14.2.
14.2.6 Delivery costs are non-refundable and will be deducted from any credit for a returned Product.
15.1 In the event that you are regarded as a consumer in terms of the CPA, these Terms will be subject to the CPA.
15.2 Nothing in these Terms is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or us in terms of the CPA.
15.3 These Terms are important and should be carefully noted as they contain provisions which, within the limits of the CPA, may limit our risk or liability, create risk or liability for you as a consumer, may compel you to indemnity us and serves as an acknowledgement by you of any fact.
16. Adverse Reactions
16.1 Certain Products sold on the Website contain active ingredients. Many of these Products can cause a transient, mild irritation of the skin upon initial use thereof. We thus recommend using these Products not more than 3 (three) times per week initially and then gradually increasing to daily use. Please ensure you read all instructions accompanying the Product and follow accordingly.
16.2 If you have developed a more severe reaction to any of these Products supplied by usAn experienced staff member will do their best to resolve any adverse reactions. Refunds on Products causing an adverse reaction will be determined on an individual basis.
16.3 We draw to your attention that Products are purchased by you at your own risk and that the onus is on you to carefully read the specifications and instructions in respect of each Product, before utilising the Product. Should you have any doubts that a Product is suitable for you or should you have any condition, medical or otherwise, which might cause an adverse reaction to a Product, you are strongly advised to consult with us directly or to consult your own healthcare practitioner in order to ensure the Product is suitable for you. We shall not be liable for any loss or damage directly or indirectly caused by an adverse reaction from the use of a Product which you have purchased from us.
17. Governing Law
In the event of a dispute arising out of these Terms, such dispute shall be determined by the law of the Republic of South Africa.
For the purposes of any complaint, dispute or any other communication with us, you may utilise the contact details set out in clause 1.3.