The Terms and Conditions [“Terms and Conditions”] govern all visitors [“User” or “Users” or “you”], including those who purchase [“Purchaser or Purchasers”] any products or courses on the website domain www.pmu.co.za and any sub-domains thereof [herein after referred to as “the Website”]. Joy Terri, trading as PMU [herein after referred to as “the Provider”] owns and operates the Website pmu.co.za.
Your continued use of the Website will be constituted as acceptance of the Terms and Conditions, unmodified by you, and you will be bound by the Terms and Conditions. If you do not agree to these Terms and Conditions, please do not continue using this Website.
TERM & TERMINATION
These Terms and Conditions will commence from the date on which they are published on the Website and shall continue indefinitely, as amended by the Provider from time to time [as described within these Terms and Conditions], for so long as the Website exists and is operational, the Provider being entitled to terminate these Terms and Conditions and/or shut down the Website at any time [subject to still process any orders then placed and accepted by the Provider].
CHANGES TO AGREEMENT
The Provider may, at its sole discretion, change these Terms and Conditions or any part thereof at any time on notice to you. It is your responsibility to ensure that you are satisfied with the amendments. Should you not be satisfied with the amendments, you must refrain from placing any further orders on, or from using the Website in any way.
The provision of goods and services is subject to availability. Stocks of all goods on offer are limited. The Provider shall take all reasonable efforts to ensure that when stock is no longer available, that offers thereof are discontinued. However, should the Provider be unable to fulfill any order placed by you at the advertised price due to stock having sold out, the Provider will notify you and you will be entitled to a refund of the amount paid by you for such product, as explained in more detail in the Refund Policy.
Please note that although the Provider endeavours to accurately describe and/or depict each product on the Website, some photographs may be updated to display a newer cosmetic package available at a future date and/or some photographs may be outdated, displaying a cosmetic package as previously available for such product.
In the unlikely event that you are purchasing a make-up product based on its packaging [e.g. where shade and formula of the product remain unchanged], please enquire before ordering.
The Provider 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 Provider 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.
A SALE AGREEMENT
A product[s] placed in your ‘cart’ or adding it to your ‘wish list’ without completing Steps 1 to 4 of the purchase cycle does not:
* constitute an agreement of sale; and/or
* constitute an order for such product
and as such, the Provider may remove such product from the shopping ‘cart’ or ‘wish list’ if stock becomes unavailable and you cannot hold the Provider liable if such product is not available when the purchase cycle is completed at a later stage.
A Sale Agreement comes into effect if and when:
* you electronically submit a properly completed order for one or more products in your shopping basket; and
* payment is either authorised, or received and available by the Provider in its bank account.
A record of each sale and related transaction between you and the Provider shall be maintained on the Website for a period of twelve months following the date of such transaction. Thereafter, you shall be responsible for retaining your own record of the relevant transaction.
PAYMENTS THROUGH PAYMENT GATEWAYS
* When the User selects the option to purchase by Payfast Credit Card or Payfast Instant EFT or Payfast Zapper, the User is redirected to a secure payment service provider, namely Pay Fast. Credit card transactions will be acquired for the Provider by Payfast www.payfast.co.za who are an approved payment gateway for banks of South Africa.
* When the User completes a purchase using Payfast Credit/Debit Card or Payfast Instant EFT or Payfast Zapper, the Provider cannot be held responsible for security breaches occurring on payfast’s website; other payment options are available on the site to the User. If you use are dissatisfied with our payment gateway service provider, then please do not use this service.
DEFECTS, RETURNS, REFUNDS & GUARANTEES
Should you not be satisfied with any product purchased by you on the Website, by reason of a defect or otherwise, you may, under certain circumstances, be entitled to either be refunded or have the product repaired or replaced, as the case may be. In the case of errors in orders where discount privileges apply, any monetary error resulting in the Purchaser to be credited will be rectified in the form of a shopping coupon/voucher equal to the value of the applicable product’s discounted value and will be used on the Purchaser’s next order(s). My Terms and Conditions regulate your rights in this regard, and how to return products to the Provider.
* With the exception of any purchase of an online course that is downloadable/accessible after purchase, or an electronic Voucher, which cannot be cancelled once purchased, you are entitled to cancel your entire order [not part thereof] without incurring any cancellation and/or administration fees if you cancel before the order has been packed and packaged.
* Should you incorrectly order products, forget to order products or incorrectly enter or omit details, such as the shipping address, you must request in writing that the order with the applicable order number is deleted and it the User’s responsibility to reorder on a new order with the details correctly entered.
* If timeously cancelled as aforesaid, you will be fully refunded in respect of such cancelled sale [including delivery charges], without any administrative or other charges being payable.
* If the order is packed, but has not yet been shipped, before a cancellation notification is received, the User shall be liable for a handling fee. Such fee will cost a minimum of R50 on orders up to R1000 and orders in excess of R1000 will be charged 5% of the total retail value of the order, excluding shipping.
* If the order has been packed and dispatched, should you for any reason wish to cancel your purchase, you will be liable for all delivery costs that may arise, caused by the such request to deliver the item back to the original seller. An additional cost of 35% handling fee of the total order will also be charged. You must advise us in writing of your cancellation and any such cancellation must be signed by the person who made the original purchase. The Provider will only be liable to refund the payment less the handling fee, once the entire parcel has been returned to The Provider unopened and unsealed.
PRODUCTS INCORRECTLY ISSUED OR DAMAGED
The Purchaser or User must report stock errors and damages within 48 hours of receipt of such products. Failure to do so will result in the Purchaser being liable for all costs incurred with the exchanging or replacing products. The Provider is entitled to request a photograph of the damaged items to investigate the issue further.
REFUNDS & RETURNS
All orders are packed and shipped according to the client’s selections and entries. The Provider shall not be liable for any orders where incorrect selections/entries have been made. Products may not be exchanged or returned, and payment for such orders will not be refunded, unless:
* A product[s] was incorrectly issued by the Provider.
* A product[s] was damaged during shipping and was received as damaged and reported as damaged by the Purchaser within 48 hours of receipt of such products.
* A product[s] was received as damaged/defective but NOT due to shipping and reported as damaged by the Purchaser within 48 hours of receipt of such products.
TRAINING COURSE REFUNDS
In the event of a trainee being unable to complete any course/courses, or part of the course/courses, no part of the fees will be refundable. Where the Provider is given one month’s notice of a problem regarding the commencement of a course, or continuation of attendance at a course; or where illness or injury makes attendance impossible; the trainee may commence or continue training at a later date, at the discretion of the School. Should it become impossible for the Provider to commence or complete any course due to circumstances beyond its control, Joy Terri may at her own discretion transfer the course, or a portion of the course, to a later date.
THE USER’S RESPONSIBILITIES
* All orders must be correctly processed through the online store with the data correctly entered into the various fields according to the online instructions.
* It is the User’s responsibility to double check all entries before confirming the order. The system allows for you to check and edit your order in your shopping cart, as well as before clicking the final confirmation.
* PMU may not edit an order or amend incorrect entries on an order or add products to an order on behalf of the Purchaser or User, unless the User’s request for such is in writing. Where the latter applies, it is the User’s responsibility to double check all entries before confirming the order with a payment.
When you visit or use the Website or send e-mails to the Provider or its offices, you consent to receiving communications from the Provider electronically and agree that all notices, agreements, disclosures and other communications sent by the Provider satisfy any legal requirements, including but not limited to the requirement that such communications should be “in writing”.
COPYRIGHT & OTHER INTELLECTUAL PROPERTY RIGHTS
* Any and all copyright subsisting in the Website, including these Terms and Conditions, vests in The Provider and all rights not expressly granted are reserved.
* Unless you have an official agreement with The Provider, you may only download, view and print content from this Website for private and non-commercial purposes. To obtain permissions for the commercial use of any content on this Website, please email us for assistance.
* The Provider cannot screen or edit all the content available from the Website and does not accept any liability for illegal, defamatory or obscene content. You are encouraged to inform The Provider of any content that may be offensive or illegal.
* All the content, trademarks and data on this Website, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to The Provider and as such are protected from infringement by local and international legislation and treaties.
* No business, website or person may frame this site or any of the pages on this Website in any way whatsoever. No person, business or web site may use any technology to search and gain any information from this Website without the prior written permission of the Provider.
Save for the Provider being liable to you under the Consumer Protection Act 68 of 2008 [“CPA”] in relation to any products sold by the Provider to you via the Website; and under sections 43 and 43 of the ECT Act in relation to Website’s payment systems not being sufficiently secure, neither the Provider nor any of its representatives or agents shall be liable for any damage, loss or liability of whatsoever nature arising from the use of or lack of ability to use this Website or the services or content provided from and through this Website. Furthermore, either the Provider or the Website makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this Website are free from errors or omissions or that the service will be continuously uninterrupted and free of errors. We do however kindly request that you report any possible malfunctions and errors to email@example.com.
The Website has not been compiled or supplied to meet your individual requirements. The Website is supplied on an “as is” basis and it is your sole responsibility to satisfy yourself prior to accepting these Terms and Conditions that the service available from and through this Website will meet your individual requirements and be compatible with your hardware and/or software.
Information, ideas and opinions expressed on this Website should not be regarded as professional advice or the official opinion of the Provider and you are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this Website.
* The use of any product or service bought from this Website is at the Purchaser´s risk. The Purchaser or User indemnifies and holds the Provider harmless against any loss, injury or damages which may be sustained as a result of using the products sold on the Website.
* The Provider cannot be held responsible for security breaches occurring on the User’s electronic device [Personal Computer or other electronic device used to browse the Website], which may result due to the lack of adequate virus protection software or spyware that the User may inadvertently have installed on his/her device.
* All credit card payments, instant EFTs and Zapper payments are redirected from The Provider’s Website to Payfast, a secure and approved internet payment gateway for South African banks. The Provider can therefore not be held responsible for security breaches occurring on credit card transactions.
GOVERNING LAW & JURISTRICTIONS
This Website is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law and, subject to the ‘Disputes’ clause of these Terms and Conditions, you and The Provider submit to the non-exclusive jurisdiction of the South African courts.
With the exception of urgent or interim relief which may be granted by a competent court, in the event of any dispute of any nature whatsoever arising between you and the Provider on any matter provided for in, or arising out of these Terms and Conditions, and not resolved through the PMU Office, then such a dispute shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa. You can request a link to download these rules if the need arises.
Between you and any Independent Distributor of Products/Courses available on this wesbite:
The ‘Provider’ is not your or any Independent Seller’s agent and will not act as either in connection with resolving any disputes between the two of you.
ADDRESS FOR NOTICES
The Provider chooses as its address for all purposes under these T&C, whether in respect of court process, notice, or other documents or communication of whatsoever nature, the following address: 16 Garrison Way, Door de Kraal, Bellville, 7530, Western Cape, South Africa with a copy to firstname.lastname@example.org [the sending of such copy being required in order for any notice to be validly delivered to the Provider].
The ECT Act states that when goods or services are offered by way of certain electronic transactions, the seller thereof must make certain information about it available to customers on websites where the goods or services are offered.
The Provider’s information is as follows:
Sole Proprietor: J. Kruger, trading as PMU, in South Africa.
Main business: E-Commerce; the Website retails cosmetics, accessories and training courses. Address for receipt of legal service: 16 Garrison Way, Door de Kraal, Bellville, Western Cape.
Nominated Managing Authoriser PMU: J. Kruger
Official email address: email@example.com