Inglot Cosmetics  TERMS AND CONDITIONS AND PRIVACY POLICY

 

The following provisions are drawn to the attention of the user if the Consumer Protection Act 68 of 2008 (“the CPA”) applies to any transaction concluded pursuant to these Terms and Conditions (as defined below):

·         clause 4.3 of these Terms and Conditions contains a provision in terms whereof the user indemnifies Inglot SA, its members, employees, suppliers, partners, affiliates and agents in respect of loss, damage or expense incurred or suffered by Inglot SA, its members, employees, suppliers, partners, affiliates or agents in connection with a breach by the user of such clause. The effect of this is that the user could become liable to compensate Inglot SA, its members, employees, suppliers, partners, affiliates or agents if any such party becomes liable pursuant to a breach by the  user of the provisions of this clause;

·         clause 8.5 of these Terms and Conditions contains a provision in terms whereof the Inglot SA, its members, employees, suppliers, partners, affiliates and agents exclude liability for any damage or loss occasioned subsequent to delivery of the products to the user as a result of a breach by the user of such clause. The effect of this is that the user may have limited or no recourse against Inglot SA, its members, employees, suppliers, partners, affiliates and agents in the circumstances referred to therein;

·         clause 15.2 of these Terms and Conditions contains a provision in terms whereof Inglot SA, its members, employees, suppliers, partners, affiliates and agents exclude liability for any error or inaccuracy appearing in any advertising or sponsorship material on this Website. The effect of this is that the user may have limited or no recourse against Inglot SA or members, employees, suppliers, partners, affiliates and agents in the circumstances referred to therein;

·         clause 16.3 of these Terms and Conditions contains a provision in terms whereof, to the maximum extent permitted in law, Inglot SA, its members, employees, suppliers, partners, affiliates and agents, accept no liability whatsoever for any loss, whether direct or indirect, consequential or arising from information made available on (or by means of) the Website (or any of the pages therein contained) and/or transactions or actions resulting therefrom. The effect of this is that the user may have limited or no recourse against Inglot SA, its members, employees, suppliers, partners, affiliates and agents in the circumstances referred to therein;

·         clause 16.4 of these Terms and Conditions contains a provision in terms whereof, to the maximum extent permitted in law, Inglot SA, its members, employees, suppliers, partners, affiliates and agents, accept no liability whatsoever for any costs, expenses, fines or damages, including but not limited to direct, economic, consequential loss or indirect loss or damages, including loss of profits or any form of punitive damages, resulting from the access to, or use of, this Website in any manner. The effect of this is that the user may have limited or no recourse against Inglot SA, its members, employees, suppliers, partners, affiliates and agents in the circumstances referred to therein;

·         clause 16.5 of these Terms and Conditions contains a provision in terms whereof, to the maximum extent permitted in law, Inglot SA, its members, employees, suppliers, partners, affiliates and agents accept no liability whatsoever for any loss or damage arising from the use of third party websites, contents and/or features. The effect of this is that the user may have limited or no recourse against Inglot SA, its members, employees, suppliers, partners, affiliates and agents in the circumstances referred to therein;

·         clause 16.6 of these Terms and Conditions contains a provision in terms whereof, to the maximum extent permitted in law, Inglot SA, it members, agents and employees accept no liability for the quality of any products of third parties delivered, or for any typographical errors in the descriptions of any of the products of such third parties. The effect of this is that the user may have limited or no recourse against Inglot SA, its members, employees and agents in the circumstances referred to therein;

·         clause 17.1.1 of these Terms and Conditions contain a provision in terms whereof the user indemnifies Inglot SA and holds it harmless from any loss, damage, expense or liability suffered by the user by virtue of the user not adhering to, or using the products contrary to, any specific advice or instructions provided by Inglot SA to the user in relation to the products. The effect of this is that the user may have limited or no recourse against Inglot SA in the circumstances referred to therein;

·         clause 17.1.2 of these Terms and Conditions contain a provision in terms whereof the user indemnifies Inglot SA in respect of any claim against Inglot SA by any third party under section 61 of the CPA, by virtue of such third party not adhering to, or using the products contrary to, any specific advice or instructions provided by Inglot SA to the user in relation to the products. The effect of this is that the user could become liable to compensate Inglot SA if it becomes liable to any such third party in the circumstances referred to therein;

·         clause 20.10 of these Terms and Conditions contain a provision in terms whereof, in the event of the user failing to pay any amount timeously or breaching the terms of these Terms and Conditions, the user assumes liability for any legal costs (on the scale as between attorney and own client) (including collection commission) which may be incurred by Inglot SA arising therefrom. The effect of this is that the user could become liable to compensate Inglot SA if it becomes liable pursuant to the provisions of this clause.

1.                This website, including all content herein contained ("the Website”), is owned and operated by Cosyro Retail CC t/a Inglot ("Inglot SA"). Your access and/or use of this Website constitutes your agreement to be bound by the terms and conditions set out hereunder ("the Terms and Conditions"). All rights in and to the content of this Website remain at all times expressly reserved by Inglot SA.

2.                The terms "user", “you" and “your” are used interchangeably in these Terms and Conditions and refer to all persons accessing this Website for any reason whatsoever.

3.                Supplier information and required disclosures under section 43 of the Electronic Communications and Transactions Act 25 of 2002 (as amended) (“the ECT Act”)

3.1          The full name and legal status of the supplier is Cosyro Retail CC t/a Inglot SA (Registration Number: 2008/145930/23), a close corporation duly incorporated in accordance with the laws of the Republic of South Africa (“RSA”), whose full and further details appear hereunder:

3.1.1         Members:

3.1.1.1            Ronald Leslie Fivelman;

3.1.1.2            Sydney Alan Muller

3.1.1.3            Colin Stanley Datnow;

3.1.2         Tel. :+27 214477718;

3.1.3         Fax:+27 214487925;

3.1.4         E-mail:sales@inglot.co.za;

3.1.5         Website:www.inglotsouthafrica.co.za;

3.1.6         Physical Address : 302 Gatehouse, Black River Park, 1 Fir Street, Cape Town, Western Cape, South Africa, 7925.

3.2          The Website is intended to facilitate the purchase by users of various cosmetics and related products offered for sale hereon (“the products”).

3.3          Records of transactions: The products ordered by users in terms hereof are confirmed by a statement displayed online immediately after the Offer (as defined below) is submitted and can be copied and pasted or printed. The record of any transaction can be accessed by viewing your order status utilizing the “Order Status” function on the Website, which record is available for a period of 6 (six) months from date of the transaction.

3.4          The manner in which orders may be placed and payment effected is more fully dealt below.

4.               Registration process and password security

4.1          Before a user can place any order(s) for products from or through this Website, they are required to go through the full registration process, which process is completed once a confirmatory e-mail is sent to the user in the manner contemplated in clause 4.4 below.

4.2          Please note that only persons aged 18 (eighteen) years or older may register on this Website. Should you be under the age of 18 (eighteen) years of age, kindly ensure that your parent or guardian registers on this Website.

4.3          Users are solely responsible for the correctness and completeness of information supplied during the registration process and for ensuring that such information is up to date. The user warrants and undertakes that the information supplied during the registration process is true, accurate and correct and, to the extent that Inglot SA, its members, employees, suppliers, partners, affiliates and/or agents rely upon the warranty and undertaking contained herein, the user indemnifies Inglot SA, its members, employees, suppliers, partners, affiliates and agents in respect of loss, damage or expense incurred or suffered by any such party in connection with a breach thereof.

4.4          Once you have completed the registration process, Inglot SA will send a confirmatory e-mail to the e-mail address provided by you, confirming that you have successfully registered on the Website and that you have agreed to these Terms and Conditions.

4.5          Users are solely responsible for the creation and safekeeping of their user name and password and will be responsible for all orders or other activities placed or performed while a user is logged into the Website under that user name and password.

4.6          Any auto-login functionality provided by the Website browser utilized by any user is used at the sole risk of the user and should not be enabled on any shared computers.

4.7          Inglot SA reserves the right to request that a user change a password where there is reason to believe that there has been or is likely to be a misuse of information or breach of security.

5.               Order Process

5.1          Users should regard nothing contained in this Website as an offer by Inglot SA to sell any products to the user, but rather as an invitation for such user to do business with Inglot SA.

5.2          Any order placed by a user through this Website constitutes an offer by the user to purchase the particular products contemplated in such order from Inglot SA through the Website (“the Offer”). Offers for products may be submitted by a user via the Website at any time after successful completion by the user of the registration process referred to in paragraph 4 above.

5.3          When making an Offer, users will be required to select the products which they wish to purchase and to complete the entire checkout process with respect thereto (“the Checkout Process”).

5.4          A binding agreement between Inglot SA and the user in respect of any Offer will only be entered into at the stage at which Inglot SA receives the Offer and confirms its acceptance thereof to the user (“the Order”). Inglot SA reserves the right to refuse to accept any Offer.

5.5          Orders will, subject to clause 8.2 below, be processed as soon as reasonably possible after acceptance of the Offer by Inglot SA, and in the manner contemplated further herein and, provided if the ECT Act is applicable to the Order, then it shall be executed (as contemplated further in section 46(1) of the ECT Act) within 30 (thirty) days after the day on which Inglot SA accepts the Offer (“the Order Execution Period”).

6.               Pricing of products and/or services

6.1          All prices are in Rand values and are inclusive of VAT but exclusive of delivery charges, unless otherwise stated.

6.2          The price payable for the products shall be:

6.2.1         the amount reflected on the Website in respect of an Order during the Checkout Process; and

6.2.2         delivery fees (if any); and

6.2.3         other additional costs or delivery charges occasioned by the Order.

6.3          All payments in respect an Order shall be effected, without deduction or set-off, and in cleared funds, prior to the delivery of the products.

6.4          Pricing of products is subject to change. For the avoidance of any doubt, the price that the user shall pay in respect of any Order shall be the price reflected on the Website in respect of the Order during the Checkout Process. Users are always able to check pricing telephonically at the telephone number referred to in clause 3.1 above.

7.               Payment

7.1          All amounts payable by the user to Inglot SA in respect of any Order shall be settled in full, without deduction or set off, using any major credit cards accepted by Inglot SA at the time of placing the Order (which credit cards are currently MasterCard and Visa).

7.2          Credit card transactions are acquired and processed through the Iveri payment gateway using industry standard SSL, PCI DSS Level 1. Iveri uses the form of encryption known as Secure Socket Layer 3 (SSL3) to ensure that all credit card details are sent encrypted to its merchant server. SSL encrypts information to prevent anyone to read such information while it is in transit.  For more information on Iveri, and to view their security certificate and security policy, please visit http://www.iveri.com.

7.3          This Website does not store any user credit card information. At no stage is credit card information stored together with user personal information

8.               Delivery of products

8.1          No products shall be delivered in respect of any Order until payment in full in respect of such Order has been received and, in the case of payments other than in cash, verified by Inglot SA.

8.2          If the ECT Act is applicable to the Order, then in the event that payment in full in respect of any Order is not received by Inglot SA at the time at which the Order is confirmed by Inglot SA (“the Order Date”), then the Order Execution Period shall be deemed to be extended by an amount of time equal to the period between the Order Date and the date on which payment in full in respect of such Order has been received and, in the case of payments other than in cash, verified by Inglot SA.

8.3          As part of the Checkout Process, users shall select the method of delivery they require Inglot SA to utilize to deliver the product(s) to the user; provided that, in the event that a user elects to have the product(s) delivered via a courier service and the delivery address provided by the user is situated outside the courier’s normal routes, or is within a region not covered by the courier, then Inglot SA will cause the product(s) to be delivered to the user via registered post and the user shall, notwithstanding any selection to the contrary made by the user in the Checkout Process, be deemed to have selected that the product(s) be delivered via registered post.

8.4          Delivery charges are subject to change. For the avoidance of any doubt the delivery charge that the user shall pay in respect of any Order shall be the delivery charge as reflected on the Website in respect of the Order during the Checkout Process. Standard Delivery charge R50, Free Delivery for Purchases over R500.

8.5          It is the sole responsibility of the user to ensure that suitable arrangements are made to take delivery of the products (including to ensure that a responsible party is available to take such delivery). Neither Inglot SA, nor its members, employees, suppliers, partners, affiliates or agents will be liable for any damage or loss occasioned subsequent to delivery of the products to the user as a result of a breach by the user of this provision of the Terms and Conditions.

8.6          Ownership of the products shall only pass from Inglot SA to the user after the user has effected payment of the purchase price in full to Inglot SA and such products have been delivered to the user.

8.7          Risk and benefit in the products will pass to the user on delivery of the products by Inglot SA to the courier service provider or to the post office (as the case may be) for on-delivery of such products to the user. The aforegoing is subject to any provision in the CPA that provides for a particular party to bear the risk in the products at any particular time, to the extent that the CPA applies to the transaction in question with the user.

9.               Return, exchange, cancellation and refund policies

9.1          Once your Offer has been accepted, same will not be capable of being cancelled and you will be held liable for the full value of the Order; provided that if:

9.1.1         section 17 of the CPA applies to your Order, then you shall be entitled to cancel such Order, subject to Inglot SA’s right to impose a reasonable charge for the cancellation thereof, in accordance with the provisions of section 17 of the CPA; and/or

9.1.2         section 44 of the ECT Act applies to your Order, then you shall be entitled to cancel your Order within 7 (seven) days after the date of the receipt of the products.

9.2          In the event that the user exercises its rights in terms of clause 9.1.2 above:

9.2.1         the only charge that may be levied on the user by Inglot SA is the direct cost of returning the products;

9.2.2         and, if payment for the products has been effected by the user prior to it exercising its right referred to therein, then the user is entitled to a full refund of such payment, which refund must be made within 30 (thirty) days of the date of cancellation.

9.3          Products may not be returned by the user:

9.3.1         unless  defective, in which event Inglot SA shall, at its election, replace the product, alternatively, repay the price or credit the same to the user’s account; provided that if the CPA does not apply to the transaction with the user, then the user shall only be entitled to return such defective product within 7 (seven) days of delivery of such product to the user; or

9.3.2         unless otherwise permitted by law,

subject to, if the CPA applies to the transaction with the user, the peremptory provisions of sections 56(2) and (3) of the CPA.

9.4          Products may not be exchanged once your Offer has been accepted by Inglot SA.

9.5          While Inglot SA will use its reasonable endeavors to fill any Order, the fulfillment of any and all Orders is subject to availability of the products from Inglot SA or the particular supplier thereof (as the case may be) and is furthermore subject to any factors beyond Inglot SA’s control which may either wholly or partially prevent it from fulfilling such Order(s). Inglot SA will communicate any such difficulty to you and will remove any unavailable product from your Order and ensure that you are not charged for it or alternatively, if you have already been charged for such product, will endeavor to agree with you on a suitable substitute product or, if no suitable substitute product can be agreed to between Inglot SA and yourself within 5 (five) days, will credit you in respect of the monies paid therefor.

10.             Intellectual property protection

10.1        All trade marks, copyright, database rights and other intellectual property rights in the materials on this Website (as well as the organisation and layout of this Website) together with the underlying software code (“the intellectual property”) are owned (or co-owned, as the case may be) by Inglot SA, its members, associates and/or partners, whether directly or indirectly, and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights afforded to the user herein, all other rights to all intellectual property on this Website are expressly reserved. You may not copy, download, print, modify, alter, publish, broadcast, distribute, sell or transfer any intellectual property, editorial content, graphics or other material on this Website or the underlying software code whether in whole or in part, without the written consent of Inglot SA first being had and obtained, which consent may be refused at the discretion of Inglot SA. Permission to use the intellectual property and/or editorial content of and/or graphics on this Website may be granted on a case by case basis and/or in regard to Inglot SA’s corporate policies from time to time. No modification of any intellectual property or editorial content or graphics is permitted. 

10.2        Inglot SA grants to users a personal, non-exclusive, non-assignable and non-transferable license to use, print and display all content and information contained in this Website on any machine of which the user is the primary user for non-commercial purposes only. Save as aforesaid, nothing contained on this Website should be construed as granting any licence or right to use any intellectual property without the prior written permission of Inglot SA.

10.3        You may only use this Website in accordance with these Terms and Conditions and, in any event, for lawful and proper purposes which includes complying with all applicable laws, regulations and codes of practice within the RSA or other jurisdiction from which you are accessing this Website.

10.4        In particular, you agree that you will not:

10.4.1       post, transmit or disseminate any information on or via this Website which is or may be harmful, obscene, defamatory or otherwise illegal;

10.4.2       use this Website in a manner which causes or may cause an infringement of the rights of any other;

10.4.3       use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of this Website including but not limited to uploading or making available files containing corrupt data or viruses via whatever means;

10.4.4       deface, alter or interfere with the front end ‘look and feel’ of this Website or the underlying software code.

10.5        Without prejudice to any of Inglot SA’s other rights (whether at law or otherwise), Inglot SA reserves the right to deny you access to this Website where Inglot SA believes (in its reasonable discretion) that you are in breach of any of these Terms and Conditions.

10.6        Inglot SA reserves the right to make improvements or changes to the intellectual property, information, artwork, graphics and other materials on this Website, or to suspend or terminate this Website, at any time without notice; provided that any Orders already placed through this Website will not be affected by such suspension or termination (as the case may be). 

11.             Receipt and transmission of data messages

11.1        Data messages, including e-mail messages, sent by users to Inglot SA shall be deemed to be received only when acknowledged or responded to.

11.2        Data messages sent by Inglot SA to users shall be regarded as received when the complete data message enters an information system designated or used for that purpose by the recipient and is capable of being retrieved and processed by the recipient.

11.3        Inglot SA reserves the right not to respond to any e-mail or other data message which contains obscene, threatening, defamatory or otherwise illegal, unlawful or inappropriate content, and to take the appropriate action against the sender of such e-mail where necessary.

11.4        Messages sent over the internet cannot be guaranteed to be completely secure as they can be intercepted, lost or corrupted. Inglot SA is therefore not responsible for accuracy of any message sent by email over the internet whether from Inglot SA to you or from you to Inglot SA.

12.             Personal Information

12.1        We collect the following types of information about you when you use this Website:

12.1.1       information provided by you. We collect personal information (that is information about you that is personally identifiable like your name, address, e-mail address, phone number and other unique information such as user IDs and passwords, billing and transaction information, product and service preferences and contact preferences that are not otherwise publicly available), we verify your name and email address, when you complete the registration process; and

12.1.2       information that is collected automatically. Inglot SA receives and stores information which is transmitted automatically from your computer when you browse the internet. This information includes information from cookies (which are described in clause 12.2 below), your Internet Protocol (“IP”) address, browser type, web beacons, embedded web links, and other commonly used information-gathering tools. Your IP address is the unique address of your computer which is automatically provided to other computers when your web browser or email application requests a web page or email from those computers on the internet.

12.2        Cookies are a common internet technology. Many websites use cookies to provide useful features for their users. Cookies are small files that are written or downloaded to your computer’s hard drive when you access a site. They allow us to store and quickly retrieve login information on your computer and provide data that we can use to improve the quality of our service. Most internet browsers are initially set up to accept cookies. If you prefer, you can set your browser to refuse cookies, although you may not be able to take full advantage of the Website if you do so.

12.3        Inglot SA may link information stored in cookies such as (in the case of natural persons) your age, gender and country with your personally identifiable information and we may use such information to gather statistics about the number of people who visit the Website and to customize our content, layout and services for delivery to you.

12.4        Our advertising partners may set and access cookies or use other technologies such as web beacons (which are electronic files that allow a web site to count users who have visited that page or to access certain cookies) in order to personalise advertising content. Use by these advertising partners of their own cookies and any other tracking technologies are subject to their privacy policies. Inglot SA uses its reasonable efforts to ensure that its advertising partners are operating privacy policies that are in accordance with our own privacy standards as set out in herein.

12.5        Use and Disclosure of information

12.5.1       Inglot SA may use your information to, amongst other things:

12.5.1.1          assist you in completing a transaction or Order;

12.5.1.2          communicate with you about products and services;

12.5.1.3          provide service and support;

12.5.1.4          update you on new services and benefits;

12.5.1.5          provide personalized promotional offers;

12.5.1.6          select content to be communicated to you;

12.5.1.7          allow you to participate in contests and surveys;

12.5.1.8          contact you for market research regarding products or services.

12.5.2       Inglot SA will display your personal information contained in your profile.

12.5.3       Inglot SA will use your email address to contact you from time to time and may also use it for security reasons to confirm that you are who you say you are.

12.5.4       Inglot SA may use the information collected automatically, such as your IP address and information stored via cookies, to gather statistics about the number of people who visit the Website and to customize our website content, layout and services. We may share this information with third parties to help us improve and better serve our users.

12.5.5       Advertisements may be delivered to you by our advertising partners. Inglot SA may however transfer information about your use of the Website, such as your IP address and information stored via cookies, to our advertising partners and other third parties. This information may be used to provide advertising, promotions and other products and services that may be of particular interest to you.

12.5.6       Inglot SA’s advertising and promotions partners have no access to your name or personal contact information stored by us unless you choose to share it with them. We will not provide your name or personal contact information to an advertising partner when you interact with or view a targeted advertisement.

12.5.7       Inglot SA may provide your personally identifiable information and the data generated by cookies and the aggregate information to the vendors and service agencies that we may engage to assist us in providing our products to you. Such vendors and service agencies will be obligated to use your personally identifiable information solely to provide the products to us.

12.5.8       Inglot SA will disclose your personally identifiable information if we reasonably believe we are required to do so by law, regulation or other government authority or to protect the rights and property of Inglot SA, its affiliates or the public. Inglot SA may also co-operate with law enforcement in any official investigation and we may disclose your personally identifiable information to the relevant agency or authority in doing so.

12.5.9       Inglot SA reserves the right to transfer your personal information in the event of a transfer of ownership, such as acquisition by, or merger with, another entity. If any acquiring entity should plan to materially change this privacy policy, we will notify you beforehand.

12.6        Access to and accuracy of your information

12.6.1       Inglot SA strives to keep your personal information accurately recorded. We have implemented technology, management processes and policies to help maintain data accuracy. Inglot SA provides individuals with the reasonable ability to review and correct it or ask for anonymization, blockage, or deletion, as applicable.

12.6.2       To protect your privacy and security, we will also take reasonable steps to verify your identity, such as requiring a password and user ID, before granting access to your data. To view and change the personal information that you directly provided to Inglot SA you can utilize the order status function on the Website.

12.6.3       You are entitled to request access to any relevant personal data held by  Inglot SA as laid out in the Promotion of Access to Information Act 2 of 2000 (“PAIA”) and where such access is necessary for you to exercise and/or protect any of your rights.  Detailed information on PAIA and the procedure to follow in making a request for access to relevant personal data is available in the Inglot SA’s Promotion of Access to Information Manual.

13.             Monitoring and interception of data messages

In order to provide a relevant and secure service and to promote the secure and efficient operation of the Website, and where required to do so by law, Inglot SA may monitor and/or intercept electronic communications such as e-mails which are sent to this Website. To the full extent necessary under law, the user hereby acknowledges that he or she is aware of such potential monitoring and/or interception and consents thereto.

14.             Hyperlinks, deep links & framing

14.1        This Website may include links to other internet sites ("the other sites"). Inglot SA does not endorse the other sites and is not responsible for the information, material, products or services contained on or accessible through those other sites. Any such hyperlinks do not imply any endorsement, agreement on or support of the content, products and/or services of such other sites.

14.2        Your access and use of the other sites remains solely at your own risk. 

15.             Advertising and sponsorship

15.1        This Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion in this Website complies with all applicable laws and regulations, including, for the avoidance of any doubt, the CPA.

15.2        Inglot SA, its members, employees, suppliers, partners, affiliates and agents accordingly exclude, to the maximum extent permitted in law, any responsibility or liability for any error or inaccuracy appearing in advertising or sponsorship material.

16.             Disclaimers

16.1        This entire Website is provided "as is" and "as available". Inglot SA makes no representations or warranties, express or implied, including but not limited to warranties as to the accuracy, correctness or suitability of either the Website or the information contained in it.

16.2        All information supplied by product suppliers and any opinions expressed by any product supplier, member, employee, agent or service provider of Inglot SA in relation to any of the products are those of the authors and not Inglot SA. While Inglot SA makes every reasonable effort to present such information accurately and reliably on the Website, Inglot SA, to the maximum extent permitted in law, does not endorse, approve or certify such information, does not guarantee the accuracy, completeness, efficacy or timeliness of such information nor does it warrant in any way that the suitability or competency of the suppliers listed on the Website.

16.3        To the maximum extent permitted in law, Inglot SA, its members, employees, suppliers, partners, affiliates and agents, accept no liability whatsoever for any loss, whether direct or indirect, consequential or arising from information made available on (or by means of) the Website (or any of the pages therein contained) and/or transactions or actions resulting therefrom.

16.4        To the maximum extent permitted in law, Inglot SA, its members, employees, suppliers, partners, affiliates and agents, accept no liability whatsoever for any costs, expenses, fines or damages, including but not limited to direct, economic, consequential loss or indirect loss or damages, including loss of profits or any form of punitive damages, resulting from the access to, or use of, this Website in any manner.

16.5        Inglot SA has no control over third party content and features which can be accessed through the use of this Website and does not examine or edit such content and features or act as an agent for third parties accessible through this Website. As such and to the maximum extent permitted in law, Inglot SA, its members, employees, suppliers, partners, affiliates and agents shall not be liable whatsoever for any loss or damage arising from the use of third party websites, contents and/or features.

16.6        The user acknowledges that, in addition to selling its own products, Inglot SA sells products on the Website obtained from third parties. Accordingly and to the maximum extent permitted in law, Inglot SA, it members, agents and employees shall not be liable for the quality of any products delivered or for any typographical errors in the descriptions of any of the products of such third parties.

16.7        Inglot SA does not warrant or represent that your access to the Website will be uninterrupted or error free or that any information, data, content, software or other material accessible through this Website will be free of bugs, viruses, worms, trojan horses or other harmful components. Your access to and use of this Website remains solely at your own risk.

16.8        It is the sole responsibility of the user to determine whether the products ordered by the user are suitable for purpose for which the user intends using them.

16.9        Inglot SA gives no warranty, express or implied, in respect of any products (including warranties as to the fitness for purpose, quality, condition, service-ability or otherwise of the products) other than those expressly contained in these Terms and Conditions (if any) or, to the extent the CPA applies to the Order, which are imposed by the CPA.

17.             Indemnities

17.1        Where Inglot SA furnishes the user with specific advice/instructions as to the manner in which any products supplied by Inglot SA to the user should be utilized and/or as to the capacity and/or tolerance of any of the products supplied by Inglot SA to the user (“the instructions”) the user:

17.1.1       indemnifies and holds harmless Inglot SA from any loss, damage, expense or liability suffered by the user; and

17.1.2       indemnifies Inglot SA in respect of any claim against Inglot SA by any third party under section 61 of the CPA;

by virtue of the user or any such third party to whom the products are supplied by the user or who utilizes such products, not adhering to, or using the products contrary to, the instructions.

18.             Regulation 44 of the CPA

If Regulation 44 of the CPA applies to the Order, then, it is agreed between the parties that the provisions of clauses 6.3, 7.1, 8.7, 17.1.1, 20.5 and 20.7 hereof are fair in view of the particular circumstances applicable to the Order. Should it nevertheless transpire that any such provision or portion thereof (as the case may be) is found by any party referred to in section 69 of the CPA or any Court (as the case may be) not to be fair in view of the particular circumstances applicable to the Order, then same will apply to the maximum extent permitted under the CPA and shall be governed by the provisions of clause 20.12 mutatis mutandis.

19.             Notices

19.1        Each of the parties chooses their domicilium citandi et executandi for the purposes of the giving of any notice, the serving of any process and for any other purposes arising from these Terms and Conditions as being:

19.1.1       in the case of Inglot SA, at the email and physical addresses set forth in clause 3.1 above; and

19.1.2       in the case of the user, at the e-mail and delivery addresses provided by the user to Inglot SA in the registration process.

19.2        Any notices to any party will be sent via prepaid registered post, delivered by hand or sent by e-mail.  Unless the contrary is proved, any notice:

19.2.1       sent by prepaid registered post will be deemed to have been received on the 5th (fifth) Business Day after posting;

19.2.2       any notice delivered by hand on a Business Day will be deemed to have been received on the date of delivery; provided that if such day is not a Business Day, then such notice shall be deemed to have been received on the 1st (first) Business Day following the date of delivery;

19.2.3       transmitted by email will be deemed to have been received on the same day of transmission; provided that if such day is not a Business Day, then such notice shall be deemed to have been received on the 1st (first) Business Day following the day of transmission.

19.3        For the purposes of this clause 19, the term "Business Day" means any day other than a Saturday, Sunday or proclaimed public holiday in the RSA.

19.4        Each of the parties will be entitled from time to time, by written notice to the other to vary its domicilium to any other address in the RSA which is not a post office box or poste restante, provided that the change will become effective only 14 (fourteen) days after service of the notice in question.

19.5        Notwithstanding the above, any notice given in writing in English, and actually received by the party to whom the notice is addressed, will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with this clause.

20.             General

20.1        This document contains the entire agreement between the parties in relation to the subject matter hereof. Save as contemplated in clause 20.5, no alteration, consensual cancellation, variation of, or addition hereto will be of any force or effect unless reduced to writing and signed by all the parties to these Terms and Conditions or their duly authorized representatives.

20.2        No indulgence, leniency or extension of time granted by a party shall constitute a waiver of that party’s rights under these Terms and Conditions and, accordingly, such party shall not be precluded as a consequence of having granted such indulgence, from exercising any rights against the other party which may have arisen in the past or which might arise in the future.

20.3        Words importing the singular will include the plural, and vice versa, and words importing the masculine gender will include the feminine and neuter genders, and vice versa, and words importing persons will include partnerships, trusts and bodies corporate, and vice versa.

20.4        The headings to the paragraphs to the Terms and Conditions are inserted for reference purposes only and will not affect the interpretation of any of the provisions to which they relate. 

20.5        Inglot SA may also amend, vary and/or modify these Terms and Conditions at any time, and such amendment, variation and/or modification shall be effective immediately upon posting of the amended, varied and/or modified Terms and Conditions on this Website (“the modified Terms and Conditions). Accordingly, your continued access or use of this Website is deemed to be your acceptance of the modified Terms and Conditions.

20.6        Your access and/or use of this Website, any downloaded material from it and the operation of these Terms and Conditions (including any transaction arising pursuant thereto) shall be governed by and construed in accordance with the laws of the RSA.

20.7        The parties consent to the exclusive jurisdiction of the courts of South Africa.  In terms of Section 45 of the Magistrate's Courts Act (no 32 of 1944, as amended) or any comparable legislation, both parties consent to the jurisdiction of a Magistrate's Court having jurisdiction in respect of any action arising between Inglot SA and the user.

20.8        You hereby consent to receive any and all approaches and/or communications from Inglot SA, its members, agents and/or their marketing service providers (“the Parties”), whether for the purposes of direct marketing or otherwise. Should you not wish to receive any approaches and/or communications as aforesaid, kindly address an e-mail to sales@inglot.co.za advising Inglot SA of same.

20.9        Should you have any complaints or queries, kindly address an e-mail to sales@inglot.co.za advising Inglot SA of same, or alternatively contact Inglot SA at +27 214477718.  

20.10     In the event of either the user or Inglot SA ("Defaulting Party") failing to pay any amount timeously or breaching the terms of these Terms and Conditions, the Defaulting Party shall be liable for all legal costs (on the scale as between attorney and own client) (including collection commission) which may be incurred by the other party arising therefrom.

20.11     All amounts provided for in terms hereof shall be exclusive of VAT. All or any VAT arising from the supply of any goods and/or services (as defined in the Value-Added Tax Act No 89 of 1991 or any statutory reenactment or modification thereof) by Inglot SA to the user in terms of a transaction shall become due for payment and shall be paid by the user together with the amount in respect of which such VAT has been levied.

20.12     Each sentence, paragraph, term, clause and provision of these Terms and Conditions and any portion thereof shall be considered severable and if, for any reason, any such sentence, paragraph, term, clause or provision is held to be invalid, contrary to, or in conflict with any applicable present or future law or regulation (including, without limitation, the CPA and any regulations thereto) or in terms of a final, binding judgment issued by any court, it shall to that extent be deemed not to form part hereof and shall not impair the operation of, or have any effect upon such other sentence, paragraph, term, clause or provision hereof as may otherwise remain valid or intelligible, which shall continue to be given full force and effect and bind the parties hereto.

20.13     No term or condition of these Terms and Conditions is intended to breach any peremptory provisions of the CPA and any regulations thereto ("Prohibited Provision").  Any breach of any such Prohibited Provision shall be governed by the provisions of clause 20.12 mutatis mutandis.

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Inglot Cosmetics
302 Gatehouse
Black River Park
Cape Town, WESTERN CAPE 7925
South Africa
Ph: 27 21 4477718
e-mail: sales@inglot.co.za
 
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