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Terms & Conditions

TERMS AND CONDITIONS OF USE OF THE WEBSITE 

All references to "the Company"", "we", "us" and "our" in these terms and conditions are deemed to refer to Rainbow Pepper Trading 136 (Pty) Ltd, registration number 2011/000004/07, a limited liability private company incorporated in the Republic of South Africa.

All references to "you" and "your" are deemed to refer to any user and/or visitor of www.wellnessboutique.com ("Website").

These terms and conditions ("Terms and Conditions") govern your use of the website.

1. Acceptance of terms

1.1. 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.

2. Use of the Website

2.1.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.

2.2. 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).

2.3. You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.

2.4. 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.

3. Ownership and copyright

3.1. The contents of this Website, including any information, software, icons, text, graphics, lay-outs, images, sound clips, trade names, logos, trade marks and service marks are protected by law, including but not limited to copyright and trade mark law, and are owned by or licensed to the Company.

3.2. 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.

4. Disclaimer

4.1. 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.

4.2. 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, timeliness, operation, integrity, availability or functionality of this Website or as to the accuracy, completeness or reliability of any information on this Website.

4.3. All information provided on this website is provided "as is" without warranty of any kind, either express or implied, including, but not limited to, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.

4.4. The Company does not accept any responsibility for any errors or omissions on this Website.

4.5. 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.

4.6. Information, ideas and opinions expressed on this Website should not be regarded as professional advice or the official opinion of the Company and you are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this Website

5. Linked third party websites

5.1. 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.

5.2. 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.

6. Privacy policy

6.1. We respect your privacy. Should you decide to make use of our Website, the only personal information that we will require of you is the following:

6.1.1.  your name and surname;

6.1.2.  your email address;

6.1.3.  your physical address;

6.2. It is your responsibility to update any of your personal information that you provide to us as soon as it is no longer accurate and complete.

6.3. This Website makes use of "cookies" to automatically collect information and data through the standard operation of the Internet servers. "Cookies" are small text files a website can use to recognize repeat users, facilitate the user's ongoing access to and use of a website and allow a website to track usage behaviour and compile aggregate data that will allow the website operator to improve the functionality of the website and its content. The type of information collected by cookies is not used to personally identify you. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature. Please note however that cookies may be necessary to provide you with certain features available on our Website, and thus if you disable the cookies on your browser you may not be able to use those features, and your access to our Website will therefore be limited.

6.4. 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.

6.5. The purposes for which we will use your personal information are as follows: to contact you regarding current or new products or services, to inform you of new features, special offers and promotional competitions (provided you have consented to receiving such marketing material), and to improve your experience on our Website by, inter alia, monitoring statistical non-personal browsing habits, and to transact with us.

6.6. The Company will not use your personal information for any purpose (other than as stated above) without your express consent. We will not use or disclose your personal information to third parties without your consent, unless the use or disclosure is –

6.6.1.  required in order to comply with applicable law, order of court or legal process served on the Company; and/or

6.6.2.  disclosure is necessary to protect and defend the rights or property of the Company.

6.7. We will be entitled to disclose your personal information to those of our employees and/or third party service providers who assist us to interact with you via our Website or email, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently. We will ensure that all such employees and/or third party service providers having access to your personal information are bound by appropriate and legally binding confidentiality and non-use obligations in relation to your personal information.

6.8. We will –

6.8.1.  treat your personal information as strictly confidential;

6.8.2.  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;

6.8.3.  promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;

6.8.4.  provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request; and

6.8.5.  upon your request, promptly return or destroy any and all of your personal information in our possession or control.

6.9. 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.

6.10. If you disclose your personal information to a third party, such as an entity which operates a website linked to this Website or anyone other than the Company, THE COMPANY SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, HOWSOEVER ARISING, SUFFERED BY YOU AS A RESULT OF THE DISCLOSURE OF SUCH INFORMATION TO THE THIRD PARTY. This is because we do not regulate or control how that third party uses your personal information. You should always ensure that you read the privacy policy of any third party.

  7. Gift Certificates

The Company may make physical and/or electronic gift certificates (“Vouchers”) available on the Website from time to time.

7.1. Vouchers can only be redeemed -

7.1.1.  while they are valid, their expiry dates being unable to be extended;

7.1.2.  on the Website towards the purchase of The Company

7.2. Vouchers cannot –

7.2.1.  be used to purchase other Vouchers;

7.2.2.  be used towards purchases at any affiliate website/s be exchanged for cash or

7.2.3.  be transferred or assigned to any other person once already partially redeemed towards a purchase.

8. Limitation of liability

8.1. 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.

8.2. 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.

9. 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.

10. Availability and termination

10.1.  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.

10.2.  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.

11. Governing Law

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 Terms & Conditions.

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 info@wellnessboutique.com to obtain a full record of your transaction. We will in any event confirm all your purchase orders with you via email.

2. Agreements of Sale

 2.1. Placing a product in a shopping basket or adding it to a wishlist without completing the purchase cycle does not:

2.1.1.  constitute an agreement of sale; and/or

2.1.2.  constitute an order for such product,

2.1.3.  and as such, the Company may remove such product from the shopping basket or wishlist if stock becomes unavailable and you cannot hold the Company liable if such product is not available when the purchase cycle is completed at a later stage.

 2.2. An agreement of sale only comes into effect if and when:

2.2.1.  you electronically submit a properly completed order for one or more products in your shopping basket; and

2.2.2.  payment is either authorised, or received by the Company in its bank account

  3. Termination of Sales & Cancellation of Orders 

3.1. The Company reserves the right, for purposes of preventing suspected fraud , to refuse to accept or process payment on any order, and/or to cancel any sale concluded between you and The Company, in whole or in part, on notice to you. The Company shall only be liable to refund monies already paid by you (see clause 7 for the Company's Refund Policy in this regard), and accepts no other liability which may arise as a result of such refusal to process any order/sale.

3.2. For certain exceptions, and subject to certain charges, the Electronic Communications and Transactions Act 25 of 2002 ("ECT Act") entitles you to cancel any sale concluded on this Website within 7 days after date of receipt of the goods and to obtain a full purchase price refund. You may also cancel a sale where delivery is delayed beyond the stipulated delivery date/timeframe (or where none is specified, beyond 30 days from the order date). Please refer to clause 8 for further details on The Company's Return Policy.

4. Amounts payable by You

4.1. Prices:

The price of each product is displayed with the product listing. In the event of a sale or special offer, the discounted price is displayed.

4.2. Delivery Charges:

Delivery charges differ depending on a variety of factors, including product type, price, and weight, as well as whether delivery is to be made within, or outside, the borders of South Africa.

4.3. Value Added Tax:

Value added tax at the rate of 14% is charged on goods bought by South African residents. VAT is not payable on orders if both the billing and the shipping address are international.

4.4. Import Duties:

Import duties may be payable by recipients of goods in foreign countries. The Company does not know what import duties/levies may be payable and cannot calculate or estimate such costs. You are responsible for determining whether any such import duties/levies are payable and, if so, the amount thereof.

4.5. Errors:

The Company shall take all reasonable efforts to accurately indicate prices and delivery charges. However, should products be erroneously offered at incorrect prices and/or delivery charges, the Company will not be obliged to sell products at such incorrect prices and/or delivery charges, but shall refund monies paid by you should you not wish to proceed with the purchase at the correct price and/or delivery charge.

5. Payment

5.1. Payment can be made via the Website by –

5.1.1.  credit card;

5.1.2.  direct bank deposit or electronic funds transfer, in which event, you must make payment within 5 days of placing your order, and the Company will not execute the order until receiving confirmation that payment has been received;

5.1.3.  PayPal.

5.2. Credit Card Transactions are acquired by MoneyBookers, a company incorporated under the laws of Engleand and Wales with registration number 4260907.  Card Holders may go to http://www.moneybookers.com/app/help.pl?s=privacy to view their Privacy Statement which also cover the Security Policy.

5.3. 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.

6. Privacy

6.1. We take the security of your payment and personal information seriously. In this regard, you will be provided with a security certificate once you accept these terms and conditions of sale. All personal information that you provide to us is subject to our Privacy Policy, which can be viewed by clicking here .

6.2. However, due to the nature of the Internet, we cannot guarantee that your communications will be free from unauthorised access by third parties. Accordingly, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGES ARISING FROM THIRD PARTIES' UNAUTHORISED ACCESS OF YOUR DATA.

7. Cancellation and Refund

7.1. The Company reserves the right, for purposes of preventing suspected fraud , to refuse to accept or process payment on any order, and/or to cancel any sale concluded between you and The Company, in whole or in part, on notice to you. The Company shall only be liable to refund monies already paid by you, and accepts no other liability which may arise as a result of such refusal to process any order/sale.

7.2. For certain exceptions, and subject to certain charges, the Electronic Communications and Transactions Act 25 of 2002 ("ECT Act") entitles you to cancel any sale concluded on this Website within 7 days after date of receipt of the goods. I such an event:

-  you will receive a full refund of the purchase price within 30 days of the date of cancelling this agreement;

-  you undertake not to utilize and open the Goods, and

-  you will have to bear the shipping cost.

7.3. You may also cancel a sale where delivery is delayed beyond the stipulated delivery date/timeframe (or where none is specified, beyond 30 days from the order date). Please read claues 8, the Return Policy, for further details in this regard.

8. Returns

8.1. Goods may be returned only when damaged or if the product supplied is not the same product as what was ordered.

8.2. Damaged goods

8.2.1.  must be immediately reported via e-mail to info@wellnessboutique.com, within 24 hours of delivery,

8.2.2.  when the product is received in a damaged condition from the courier it should be clearly noted on the POD (“Proof of Delivery”).

8.3. If the Goods are not the same as what was ordered this must be reported via e-mail to info@wellnessboutique.com within 24 hours of delivery.

8.4. If the Goods have been approved for return, we will notify you and either arrange for our couriers to collect the item from you or request that you post it back to us or ask you to return the item to our current warehouse location, dependent on your original order's shipping method. Should you need to post the Goods to us please only send it to our postal address (available under Contact and Address Details click here ) and you will be credited or refunded for the postage costs incurred, up to a maximum of the whatever the current Company Postal Delivery rate is

8.5. If you are returning Goods via courier or post office please package it carefully so that it does not become damaged en route. Please include the Returns Request Number and a copy of your original invoice with any return.

9. Breach

9.1. 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, in either case without prejudice to its right to recover such damages as it may have suffered as a result of the Defaulting Party's breach.

10. Governing law and jurisdiction

10.1. 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.

11. NOTICES

11.1. The Company hereby selects 19 Chenin Blanc Street, Oude Westhof, Bellville, 7530 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 –

11.1.1. by hand will be deemed to have been received on the date of delivery;

11.2. by prepaid registered post, will be deemed to have been received 10 days after the date of posting;

11.2.1.  by telefax before 16h30 on a business day, will be deemed to have been received, on the date of successful transmission of the telefax. All telefaxes sent after 16h30 or on a day which is not a business day will be deemed to have been received on the following business day; and

11.2.2.  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.

12. General

12.1.  You may not cede, assign or otherwise transfer your rights and obligations in terms of these terms and conditions of sale to any third party.

12.2.  Any failure on the part of you or the Company to enforce any right in terms hereof shall not constitute a waiver of that right.

12.3.  If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.

12.4.  No variation, addition, deletion, or agreed cancellation of these terms and conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.

12.5.  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.

12.6.  These terms and conditions of sale, read together with the Terms and Conditions of Use of the Website, the Terms and Conditions of Use of the Forum, and our Privacy Policy contain the whole agreement between you and the Company and no other warranty or undertaking is valid, unless contained in this document between the parties.