TERMS AND CONDITIONS

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1. Introduction

1.1 This website is owned and operated by POYSE Cosmetics (Pty) Ltd.

1.2 These Website Terms and Conditions (“Terms and Conditions”) regulate the ordering, sale and delivery of goods, and the

      use of the Website.

1.3 You are granted a limited license only for purposes of viewing the material contained on this Website.

1.4 These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”,

      “your” or “user”). By using the Website and/or by clicking on the relevant box on the Website, as may be applicable, you

       acknowledge that you have read and agree to be bound by these Terms and Conditions.

1.5 If you are under the age of 18, you must obtain your parents' or legal guardians' advance authorisation, permission and

     consent to be bound by these Terms and Conditions before purchasing any products or services.

2. Important Notice

2.1 These Terms and Conditions apply to users who are “consumers” for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).

2.2 These Terms and Conditions contain provisions that appear in similar text and style to this clause and which

       2.2.1 may limit the risk or liability of POYSE Cosmetics (Pty) Ltd or a third party; and/or

       

       2.2.2 may create risk or liability for the user; and/or

       2.2.3 may compel the user to indemnify POYSE Cosmetics (Pty) Ltd or a third party; and/or

       2.2.4 serves as an acknowledgement, by the user, of a fact.

2.3 If you do not understand any provision in these Terms and Conditions, it is your responsibility to ask for clarification before

      you accept the Terms and Conditions or continue using the Website.

2.4 Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or

      obligation created for either you or POYSE Cosmetics (Pty) Ltd in terms of the CPA.

2.5 POYSE Cosmetics (Pty) Ltd permits the use of this Website subject to the Terms and Conditions.

3. Ownership and copyright

3.1 The Website content is the property of POYSE Cosmetics (Pty) Ltd, its advertisers and/or sponsors and/or is licensed to

     POYSE Cosmetics (Pty) Ltd.

3.2  All Website content, including any images, material, information, data, software, icons, text, graphics, lay-outs, sound clips,

      advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or

      incorporated in this Website are protected by law, including but not limited to copyright and trade mark law.

3.3  You will not acquire any right, title or interest in the Website or the Website Content.

3.4  You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained

       therein without the express prior written consent of an authorised POYSE Cosmetics (Pty) Ltd representative.

3.5  Any use, distribution or reproduction of the Website content is prohibited unless expressly authorised in terms of these

      Terms and Conditions or otherwise provided for in law.

3.6  Where any of the Website content has been licensed to POYSE Cosmetics (Pty) Ltd or belongs to any third party, your rights

      of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you

      agree to comply with such third-party terms and conditions.

4. Disclaimer

4.1 The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of

      the Website or reliance on any information on the Website.

4.2 Whilst POYSE Cosmetics (Pty) Ltd takes reasonable measures to ensure that the content of the Website is accurate and

      complete, POYSE Cosmetics (Pty) Ltd makes no representations or warranties, whether express or implied, as to the quality,

      timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of

      any information on the Website.

4.3 POYSE Cosmetics (Pty) Ltd repudiates liability for any damage, loss or expenses, whether direct, indirect or consequential in

      nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise

      provided by law.

4.4 Although Goods sold from the Website may, under certain specifically defined circumstances, be under a supplier’s warranty,

      the Website itself and all information provided on the 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.

4.5 In addition to the disclaimers contained elsewhere in these Terms and Conditions, POYSE Cosmetics (Pty) Ltd also makes no

      warranty or representation, whether express or implied, that the information or files available on the Website are free of

      viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy,

      compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security

      functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk

      associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt,

      compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer

      system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to

      the gross negligence or wilful misconduct of POYSE Cosmetics (Pty) Ltd, its employees, agents or authorised representatives.

5. Linking to third party websites

5.1 This Website may provide links or references to other websites (“Third Party Websites”) which are outside of our control,

      including those of advertisers. These Terms and Conditions do not apply to those Third-Party Websites and POYSE Cosmetics

     (Pty) Ltd 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 the 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. Returns

6.1 Please refer to our Returns Policy for more information about returning products (and related refunds, replacements or

      repairs).  The Returns Policy is incorporated by reference (which means that it forms part of these Terms and Conditions).

7. Use of the website

7.1 Only users may order Goods on the Website.

7.2 To purchase goods as a user, you may:

 

      7.2.1 Make a payment as a guest.  This will require you to fill in your personal details every time a purchase is made on the

              website; or

      7.2.2 Sign up as a registered user allowing you easy access to the online portal. Upon registration you will be required to

              provide your first name, last name, email address and password.

7.3 You agree and warrant that your details and password shall:

      7.3.1 be used for personal use only; and

      7.3.2 not be disclosed by you to any third party.

7.4 POYSE Cosmetics (Pty) Ltd will not be held responsible for any misuse or loss of your password..

7.5 Once the correct details and password relating to your account have been entered, irrespective of whether the use of the

     details and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is

     cancelled by you in accordance with these Terms and Conditions.

7.6 You agree to notify POYSE Cosmetics (Pty) Ltd immediately upon becoming aware of or reasonably suspecting any

      unauthorised access to or use of your details and password and to take steps to mitigate any resultant loss or harm.

7.7  By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the

      age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only

      with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and

      gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible            for you and all your obligations under these Terms and Conditions.

7.8 You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with

      the proper working of the Website.​​​

8. Conclusion of sales and availability of stock

8.1 Users may place orders for Goods, which POYSE Cosmetics (Pty) Ltd may accept or reject. Acceptance of an order depends on

     the availability of goods, correctness of the information relating to the goods (including, without limitation, the price) and

     receipt of payment or payment authorisation.

8.2 POYSE Cosmetics (Pty) Ltd will indicate the acceptance of your order by delivering the goods to you and only at that point will

      an agreement of sale between you and POYSE Cosmetics (Pty) Ltd come into effect (the “Sale”). The latter is regardless of any

      communication from POYSE Cosmetics (Pty) Ltd stating that your order or payment has been confirmed. POYSE Cosmetics

      (Pty) Ltd will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any

      amount already paid.

9. Payment

9.1 Once you have placed your order, an email will be sent to your email address from POYSE Cosmetics (Pty) Ltd confirming

      your provisional order.

     9.1.1 After receipt of the email, payment must be effected within 24 hours from placing the order.

     9.1.2 Payments can only be made via Electronic Funds Transfer (“EFT”) and proof of such payment must be emailed to

              info@poyseco.com

9.2 Should you fail to pay for the product(s) within 24 hours, the order will be cancelled.

9.3 Once payment has been received, your order will be confirmed via email and processed.

9.4 After an order is processed, you will be supplied with a link from the Courier which you can use to track your purchase.

9.5 No cancellations may be effected once the order has been processed.

9.6 POYSE Cosmetics (Pty) Ltd shall not be liable for any loss, claim or expense relating to a failed online payment transaction,

      unless such loss is caused due to the gross negligence of POYSE Cosmetics (Pty) Ltd.​​

10. Discounts

10.1 Only one discount code may be used per purchase and cannot be reused by the same user more than once.

10.2 The discount code will not reduce the shipping fee but rather the value of the goods ordered.

 

11. Delivery of goods

11.1 POYSE Cosmetics (Pty) Ltd offers delivery via courier.

11.3 Where it accepts your order, POYSE Cosmetics (Pty) Ltd will deliver the goods to you as soon as reasonably possible, but no

       later than 5 (five) to 10 (ten) business days after receipt of your payment (“Delivery Period”).

11.3 POYSE Cosmetics (Pty) Ltd will not deliver goods to PO Box addresses.

11.4 If the courier is unable to deliver the goods at the address provided by the user, the courier will attempt contacting the

       customer twice whereafter the goods will be returned to POYSE Cosmetics (Pty) Ltd.

11.5 If the courier attempts to deliver the goods to your address unsuccessfully more than 2 (two) times, your order will be

      cancelled, and you will be charged a penalty fee at the discretion of POYSE Cosmetics (Pty) Ltd.

11.6 POYSE Cosmetics (Pty) Ltd’s obligation to deliver a product to you is fulfilled when the product is delivered to the physical

       address nominated by you for delivery of the order. POYSE Cosmetics (Pty) Ltd is not responsible for any loss or

       unauthorised use of a product, after it has delivered the product to the physical address nominated by you.

12. Errors

12.1 POYSE Cosmetics (Pty) Ltd shall take all reasonable efforts to accurately reflect the description, availability, purchase price

       and delivery charges of Goods on the Website.

12.2 However, should there be any errors of whatsoever nature on the Website, which are not due to our gross negligence, we

        shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any

        incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns

        Policy. 

12.3 POYSE Cosmetics (Pty) Ltd shall not be bound by any incorrect information regarding our Goods displayed on any third-

       party websites.

13. Privacy policy

13.1 Please refer to our Privacy Policy for more information. The Privacy Policy is incorporated by reference (which means that it

       forms part of these Terms and Conditions).

14. Changes to these Terms and Conditions

14.1 POYSE Cosmetics (Pty) Ltd may, in its sole discretion, change any of these Terms and Conditions at any time. It is your

       responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should

       you not be satisfied, you must not place any further orders on, or in any other way use, the Website.

14.2 Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the

       Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted

       such changes.

15. Electronic communications

15.1 When you visit the Website or send emails to POYSE Cosmetics (Pty) Ltd, you consent to receiving communications from us 

      or any of our divisions, affiliates or partners electronically.

16. Limitation of liability

16.1 POYSE Cosmetics (Pty) Ltd will not be held liable for any inaccurate information published on the Website and/or any

       incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of

       POYSE COSMETICS (PTY) LTD , its employees, agents or authorised representatives.

16.2 POYSE Cosmetics (Pty) Ltd shall not be liable for any direct, indirect, incidental, special or consequential loss or damages   

        which might arise from your use of, or reliance upon, the website or the content contained in the website; or your inability

        to use the website, and/or unlawful activity on the website.

 

16.3 You hereby indemnify POYSE Cosmetics (Pty) Ltd 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.

17.Governing law and jurisdiction 

17.1 These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and

       Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa.

18.Notices

18.1 POYSE Cosmetics (Pty) Ltd’s postal address is as follows:

       18.1.1 PostNet Suite #55, Private Bag X43, Sunninghill, 2157.

18.2 You hereby select the delivery address specified with your order as your legal address, but you may change it to any other

       physical address by giving POYSE Cosmetics (Pty) Ltd notice within 24 (twenty four) hours after placing the order and/or

       before delivery.

18.3 Notices must be sent via email to info@poyseco.com and must be in English.

       18.3.1 All notices will be deemed to have been sent on the date indicated in the “Read Receipt” notification. All email

                 communications between you and POYSE Cosmetics (Pty) Ltd must make use of the “read receipt” function to serve as

                 proof that an email has been received.   ​​​

 

19. Information

19.1  For the purposes of the Electronic Communications and Transactions Act 25 of 2002 (“ECT Act”), POYSE Cosmetics (Pty)

        Ltd ’s information is as follows, which should be read in conjunction with its product descriptions and other terms and

        conditions contained on the Website:

       19.1.1 Full name: POYSE Cosmetics (Pty) Ltd, a private registered Company registered in South Africa with registration   

                 number 2019/363518/07.

       19.1.2 Main business: Online retailer

       19.1.3 Physical address for receipt of legal service: 62 Nanyuki Road, Sunninghill, Johannesburg, 2157

       19.1.4 Office bearers: Samantha Nye

       19.1.5 Phone number: 076 982 6472

       19.1.6 Email address: info@poyseco.com​​

 

20. General

20.1 POYSE Cosmetics (Pty) Ltd may, in its sole discretion, at any time and for any reason and without prior written notice,

        suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us

        processing any orders then already made by you.

        20.1.1 You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to 

                  any third party.

 

        20.1.2 Any failure on the part of you or POYSE Cosmetics (Pty) Ltd to enforce any right in terms hereof shall not constitute a

                   waiver of that right.

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

                  force and effect.

        20.1.4 No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect

                   unless in writing and accepted by or on behalf of the parties hereto.

        20.1.5  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.

        20.1.6  These Terms and Conditions contain the whole agreement between you and POYSE Cosmetics (Pty) Ltd and no other

                    warranty or undertaking is valid, unless contained in this document between the parties

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