[vc_row][vc_column][vc_text_separator title=”Terms Of Sale” color=”pink”][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]Definitions
“Agreement” means the agreement between Seller and Buyer for the sale of Goods or the provision of Services, which shall be governed by these Terms of Sale. “Order” means the order for Goods or Services, which shall form part of the Agreement. “Buyer”, “Goods” and “Services” shall mean the buyer, goods and services as specified in the Order. “Seller” is Empire Salon Specialist
– Po Box 1259, Kempton Park, 1619.
Application of these Terms of Sale
Each Order shall be deemed to be an offer by seller and shall become binding on the parties and be governed by these Terms of Sale only once accepted by buyer. Buyer should read these Terms of Sale carefully. Seller may revise these Terms of Sale from time to time.
Representations of Goods
The images of the Goods on Seller’s website or other sales literature are for illustrative purposes only. Seller cannot guarantee that the dimensions or colour or packaging of the Goods will be accurately reflected. We shall take all reasonable efforts to accurately reflect the Goods and the applicable purchase price and delivery charges on the website. However, should there be any errors of whatsoever nature on the website we shall not be liable to fulfil an Order based on any error.
Price and Payment
The price of the Goods or Services shall be the Seller’s listed price from time to time. For Goods or Services purchased in-store, Buyer shall pay the purchase price before delivery. Buyer shall not be entitled to assert any credit, set-off, counter claim or withholding against Seller, whether in whole or in part. The time for payment shall be of the essence and no payment shall be deemed to have been made until Seller has received payment in cleared funds.
Delivery of Goods Purchased
We charge a delivery surcharge within South Africa.
Orders will be processed and dispatched subject to receipt of payment and delivery address details being correct. Please allow 5-7 working days for delivery. While we are firmly committed to arranging delivery within estimated delivery times, we are unable to guarantee that all Orders will be delivered within the stipulated time frame.
We arrange delivery through a third party courier company to the physical address registered against your account or provided during the ordering process. You will be required to sign for delivery.
If you are not available to take delivery of your Order, the courier company will contact you or leave a note at your delivery address for you to contact them to arrange a further delivery attempt. Failing delivery at the second attempt, the Order will be returned to Empire Salon Specialist where your delivery fee will be forfeited and you will be required to collect your order, If you provide us or the courier company with unique delivery instructions, for example, for your Order to be left with security at your building, this will be at your risk.
Liability for Delivery
We are not liable for any incorrect Order or delivery where you make an error in the information that you provide to us (for example, if you provide the incorrect delivery address or submit an incorrect Order).
While we try to ensure a smooth delivery process, if we are unable to meet the estimated delivery time frames, you accept and agree that we will not be liable for any losses, liabilities, costs, damages, charges or expenses arising out of the late delivery of your Order. You further acknowledge that the delivery of your Order may be impacted by events beyond our control, such as adverse weather conditions, industrial action or an inability to secure labour, power, internet services, materials or supplies.
We deliver products in standard packaging. You understand and accept that the packaging of the products offered on our website may be different from the packaging of the product that is delivered to you. All risk in the products will pass to you upon delivery. From the time when the risk passes to you, we will not be liable for any loss or destruction of the products.
Standard Warranty
Many of the Goods come with a manufacturer’s warranty provided with the Goods. Any such manufacturer’s warranty is in addition to Buyer’s legal rights in relation to Goods that are damaged, defective or do not match the Order. Seller warrants that (a) on delivery and for a period of 7 (seven) days after delivery, the Goods shall be free from material defects; and (b) any Services will be rendered to the highest standards of quality and workmanship. All other warranties or conditions (whether express or implied) as to quality, condition, description, compliance with sample or fitness for purpose (whether statutory or otherwise) other than those expressly set out in the Agreement are excluded from the Agreement to the fullest extent permitted by law. The warranty given by Seller does not apply to damage or defects arising from fair wear and tear, willful damage, abnormal storage conditions, accident or negligence by Buyer or any third party.
Warranty on Electrical Items
All of our electrical items come with our 6 (six) month repair warranty or a longer warranty from the product manufacturer. For repairs after the 6 (six) month period, please contact Empire Salon Specialist.
Returns
When you receive your Order, it is important that you check to make sure that the items you have purchased are not damaged or defective and are in good condition. You should let us know immediately if there is a problem with your Order.
We do our best to make sure that all of our products are of the highest possible quality and any representations on our website include a detailed description and image. However, if you are not satisfied with any item you have purchased, for any reason, you may return it to us and we will either exchange or replace it.
Exchanges and replacements are provided subject to stock availability. No Cash refund option is available, a 10% handling fee is applicable for goods returned with no valid reason. Collection and delivery of item been returned is the buyers responsibility.
Return Eligibility
To be eligible for a return a product must be unopened, unused, in its original packaging and in a condition suitable for resale. Please note that we cannot accept returns of the following products (unless they are defective or do not match your Order):
- Any product without its original packaging or which has been opened or had its security seal (if any) broken.
- Any product which has been used or damaged such that it is unsaleable.
- Hair extensions, hair pieces, hair brushes and combs, clipper and other blades and scissors.
- Facial products, beauty products, toweling, uniform and beauty consumables.
Items Purchased In-Store
For items purchased in-store, please return the product to the store of purchase within 7 days of purchase. You will need to present your invoice.
Promotional Items
Where a product was purchased as part of a promotion together with other qualifying products, the promotional item must be returned with the merchandise it was offered with in order for an exchange, replacement or refund to be processed. As such, this type of promotional item is not returnable by itself.
Limitation of Liability
In no circumstances whatsoever shall the liability of Seller under the Agreement exceed the purchase price of the Goods to which the claim relates. Seller shall not be liable for any indirect, special or consequential loss or damage, any loss of equipment or property, economic loss or damage, loss or damage of any nature whatsoever suffered by third parties (including in each case incidental and punitive damages) or any loss of actual or anticipated profit, interest, revenue, anticipated savings or business or damage to goodwill, even if Seller is advised in advance of the possibility of any such losses or damages.
Sole Remedy
Buyer’s sole remedy for Seller’s breach of the Agreement or of any express or implied warranty in relation to the Goods or Services shall be replacement, repair or credit.
Indemnity
Buyer hereby indemnifies Seller, its affiliates and its and their directors, officers, employees, agents and contractors in full against all claims, losses, liabilities, damages and expenses (including legal and other professional fees and expenses) arising as a result of or in connection with Buyer’s purchase, use or resale of the Goods.
Termination
Seller shall have the right at any time to terminate an Order and/or the Agreement by giving written notice to the Buyer for any reason whatsoever including without limitation (a) if Buyer commits a material breach of the Agreement; or (b) if Buyer becomes insolvent or bankrupt or enters into liquidation or any order or decision or proceeding to that effect is made or taken or commenced; or (c) if Buyer makes an arrangement or composition with its creditors; or (d) if Buyer has a receiver or manager, administrator or administrative receiver appointed in respect of its undertaking or any part thereof; or (e) due to stock unavailability. Termination shall be without prejudice to any rights or remedies of the parties accrued prior to termination.
Intellectual Property
The intellectual property rights in the Goods are Seller’s property. Nothing in the Agreement shall be construed as conferring any license or granting any rights in favour of Buyer in relation to such intellectual property rights. Any reputation in any trade marks affixed or applied to the Goods shall accrue to the sole benefit of Seller or any other owner of the trade marks from time to time. Buyer shall not remove any copyright notices, confidential or proprietary legends or identification from the Goods. Buyer shall not use or seek to register any trade mark or trade name (including any company name) which is identical to, confusingly similar to or incorporates any trade mark or trade name which the Seller or any associated company of Seller owns or claims rights in anywhere in the world.
Data Protection
Seller will use Buyer’s personal information to provide Goods and/or Services, to process payment for Goods and/or Services and to inform Buyer about similar goods or services sold by Seller (Buyer may contact Seller at any time to opt out of these communications). Buyer agrees that Seller may pass its personal information to credit reference agencies and may keep a record of any search results.
Whole Agreement; No Amendment
The Agreement (and any document referred to herein) shall constitute the whole agreement between the parties relating to the subject matter thereof to the exclusion of all other terms and conditions issued by either party. No variation of the Agreement shall be effective unless it is in writing and signed by or on behalf of the parties.
Status
Nothing in the Agreement is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between the parties nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, the other party in any way.
Rights of Third Parties
A person who is not a party to the Agreement shall not have any rights under or in connection with it.
Assignment
Buyer shall not, without the prior written consent of Seller, assign, transfer or delegate any of its rights or obligations under the Agreement or purport to do any of the same.
WEBSITE TERMS
IMPORTANT LEGAL NOTICE
These terms and conditions (“Terms”) apply to the entire contents of the website under the domain name www.empirebeauty.co.za(the “Website”) and to any correspondence (including by e-mail) between us and you. Please read these Terms carefully before using the Website. Use of the Website includes accessing, browsing or registering to use the Website. By using the Website you confirm that you accept these Terms and that you agree to comply with them. If you do not accept these Terms, please do not use the Website. Any rights not expressly granted in these Terms are reserved.
Empire Salon Specialist (Pty) Ltd (“Empire Salon Specialist”, “we”, “us” or “our”) is a company registered in South Africa under company number 2017/185993/07 and with a registered office and main trading address at 20 Atlas Road – Kempton Park.
Accessing the Website
The Website is made available free of charge. Although you may access most areas of the Website without registering your details with us, certain areas of the Website are only open to you if you register. We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted. Access to the Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Website without notice. We will not be liable to you if for any reason the Website is unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms and other applicable terms and conditions and that they comply with them.
Registration
Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network. Responsibility for the security of any passwords issued rests with you. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose this information to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at sales@empirebeauty.co.za
Downloading Content from the Website
You are not permitted to print and download extracts from the Website. No part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written consent. If you fail to comply with the above provisions, your right to use the Website will automatically terminate and you must immediately destroy any downloaded or printed extracts from the Website. We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of these Terms.
Disclaimer
Although we make reasonable efforts to update the information on the Website, we make no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or up-to-date.
We may make changes to the material on the Website or to the products, services and prices described in it at any time without notice. The material on the Website may be out of date and we make no commitment to update such material.
The material on the Website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with the Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, conditions implied by law) which, but for this legal notice, might have effect in relation to the Website.
We do not warrant or guarantee that the Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access the Website. You should use your own virus protection software.
Limitation of Liability
Empire Salon Specialist, its affiliates and any other party involved in creating, producing, maintaining or delivering the Website and the directors, officers, employees exclude all liability and responsibility for any loss or damage of whatsoever nature (including without limitation any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption) and howsoever arising (whether in contract, tort (including negligence), breach of statutory duty or otherwise), even if foreseeable, that may result to you or a third party from or in connection with the use, inability to use or results of use (including without limitation your downloading of any material) of the Website or any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods and/or services by us to you, which will be set out in our Terms and Conditions of Sale.
Nothing in these Terms excludes or limits our liability for fraud or fraudulent misrepresentation or for death or personal injury arising from our negligence or any other liability that cannot be excluded or limited by applicable law.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website or any content on it, whether express or implied. If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
Intellectual Property Rights
The copyright and other intellectual property rights in the Website and all material published on the Website (including without limitation photographs and graphical images) are owned by Empire Salon Specialist or its licensor’s.
Prohibited Uses
You may use the Website only for lawful purposes. You may not use the Website: in any way that breaches any applicable local, national or international law or regulation; in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect; for the purpose of harming or attempting to harm minors in any way; to send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms; to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam); or to knowingly transmit, send or upload any data or material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware. You also agree: not to reproduce, duplicate, copy or re-sell any part of the Website in contravention of these Terms; and not to access without authority, interfere with, damage or disrupt: any part of the Website; any equipment or network on which the Website is stored; any software used in the provision of the Website; or any equipment or network or software owned or used by any third party.
Interactive Services
We may from time to time provide interactive services on the Website.
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on the Website, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on the Website and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of the Content Standards set out in these Terms, whether the service is moderated or not.
Content Standards
These content standards apply to any and all material which you contribute to the Website (“Contributions”), and to any interactive services associated with it. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any Contribution as well as to its whole. Contributions must: be accurate (where they state facts); be genuinely held (where they state opinions); and comply with applicable law in South Africa and in any country from which they are posted. Contributions must not: contain any material which is defamatory of any person; contain any material which is obscene, offensive, hateful or inflammatory; promote sexually explicit material; promote violence; promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; infringe any copyright, database right or trade mark of any other person; be likely to deceive any person; be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; promote any illegal activity; be threatening, abuse or invade another’s privacy or cause annoyance, inconvenience or needless anxiety; be likely to harass, upset, embarrass, alarm or annoy any other person; be used to impersonate any person or to misrepresent your identity or affiliation with any person; give the impression that they emanate from us, if this is not the case; or advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
Suspension and Termination
We will determine, in our discretion, whether there has been a breach of these Terms through your use of the Website. When a breach of these Terms has occurred, we may take such action as we deem appropriate.
Failure to comply with these Terms constitutes a material breach of the Website Terms and Conditions upon which you are permitted to use the Website and may result in our taking all or any of the following actions: immediate, temporary or permanent withdrawal of your right to use the Website; immediate, temporary or permanent removal of any posting or material uploaded by you to the Website; issue of a warning to you; legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; further legal action against you; and/or disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of these Terms. The responses described in these Terms are not limited, and we may take any other action we reasonably deem appropriate.
Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with South African law. Disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the High Court of South Africa.
Changes to these Terms
We may revise these Terms at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on the Website.
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