Posted by CAITLIN FOURIE
TERMS AND CONDITIONS
INTRODUCTION
We want our clients to be happy with the products purchased from our stores. If you are not completely satisfied, you can return the product/s to us and we will either repair it, replace it, or credit your account, subject to the below terms.
This Policy applies to products bought from any Maskscara Retail Outlet, Maskscara Distribution Warehouse and Maskscara Online Store. This policy excludes Agents, Bulk Group purchases and Third-Party Re-Sellers which are dealt with separately. Certain parts of our returns Policy do not apply to Agents, Bulk Group Purchases & Resellers, which is indicated in the relevant section below.
This Policy forms part of the Maskscara Terms and Conditions, and so words defined in the Terms and Conditions have the same meaning in this Policy, unless the context indicates otherwise.
Nothing in this Policy is intended to limit your statutory rights in any way.
Your attention is drawn to our Terms and Conditions because they are important and should be carefully noted.
IMPORTANT NOTICE
This website can be accessed at http://maskscara.co.za; related mobi-sites and software applications (the “Website”) and is owned and operated by Maskscara (Pty) Ltd. (“Maskscara”, “we”, “us” and “our”).
Our Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Goods, and the use of the Website..
Our Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”).
By using the Website and by clicking on the “Register Now”/”Sign up” ”/”Log in” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
Our Website enables you to shop online for an extensive range of beauty industry related goods which may include Nail Polishes, Soak Off Gel Polishes, Gel, Hard Gel, Acrylic, Nail Tips, LED/UV Lamps and Nail Dryers, Nail Tools, Nail Art items, Skincare Items and so on (“Goods”).
CONSUMER PROTECTION ACT, 68 of 2008 (the “CPA”)
These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
These Terms and Conditions contain provisions that appear in similar text and style to this clause and which;
If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Maskscara to explain it to you before you accept the Terms and Conditions or continue using the Website.
Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Maskscara in terms of the CPA.
Maskscara permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.
RETURNS
Please refer to our “returns policy” for more information about cancelling orders after delivery, and about returns (and related refunds, replacements or repairs). The “returns policy” is incorporated by reference (which means that it forms part of these Terms and Conditions).
Preparing your products for a return
To ensure your request is processed as quickly as possible you are responsible for the following when returning your products.
Failure to adhere to any of these requirements could delay the processing of your request or result in its decline altogether.
The onus to return the product/s to us is on you and return shipping charges have to be paid by yourself (please note we do not accept returns via the Post Office, our PO Box and PostNet branches).
Upon your instruction we can collect the product/s from you using our courier if you wish to pay the stipulated return shipping fee directly to us (usually R150.00, more for parcels with a volumetric weight higher than 2kg). Our courier is entitled to refuse collection of a product/s that is not properly packaged for transport.
Once we have inspected the product/s and validated your return, we will credit your online profile account with the purchase price of the product within 7 days of the return.
Should you choose to obtain a refund and the original amount was paid to us using PayFast and any third-party as payment facilitator, the refund amount will be less the PayFast or third-party fees.
Please bear in mind that refunds can take 5 - 10 working days to be processed.
We are entitled to refuse a return if the returned product/s and its original packaging is damaged, not in a re-saleable condition or missing any accessories.
The following products are not eligible for a refund, exchange or credit.
Unwanted Products
You can return an unwanted product to us at no charge, provided that;
Return Procedure
You log a return via e-mail at orders@maskscara.co.za within 7 days of delivery to you or collection by you of the unwanted product/s.
After 7 days, you can only return a product if it is defective within 6 months of you taking delivery of the product, as long as such defect was not caused by your negligence and is within the warranty period.
Upon your instruction we will collect the product/s from you using our courier if you wish to pay the stipulated return shipping fee directly to us (usually R150.00, more for parcels with a volumetric weight higher than 2kg). Our courier is entitled to refuse collection of a product/s that is not properly packaged for transport.
Changed your mind?
Where you have changed your mind, and would like a credit for a product, you can return it at your own cost to our warehouse if;
Want to exchange?
Items which are not consumables or where seals have not been broken (such as lamps, crystals, sealed wipes, etc.) can be exchanged, provided that such variation is in stock, is available at the same price as the product originally purchased, and is not on the excluded list as indicate above.
Upon your instruction we will collect the product/s from you using our courier if you wish to pay the stipulated return shipping fee directly to us (usually R150.00, more for parcels with a volumetric weight higher than 2kg). Our courier is entitled to refuse collection of a product/s that is not properly packaged for transport.
Not what you ordered?
If we accidentally delivered the wrong product to you, or if the product is not as described on the Website, please notify us within 5 days of receiving your order and we will collect the product from you. If the product is missing any accessories or parts, you will need to follow the process set out below;
Products damaged on delivery?
Should a product be damaged or missing any parts or accessories at the time of delivery or collection, please notify us within 24 hours of such delivery / collection by emailing us at orders@maskscara.co.za.
We will arrange to collect the product from you at no charge. Once we have inspected the product and validated your return, we will at your choice deliver the correct product to you as soon as possible (if the correct product is available); or credit your online account with the purchase price of the product/s less the appropriate merchant fees within 10 days of the return (or refund you if that is your preference).
Defective products?
We do our best to ensure that the products we deliver to you are of a high quality, and in good working order and without defects.
What is a defect? A defect is a material imperfection in the manufacture of a product or any characteristic of a product, which makes the product less acceptable than one would reasonably be entitled to expect in the circumstances. Please refer to our FAQs for some examples.
The following will NOT be regarded as defects and will not entitle you to a return under this section;
Product Colours/shades not exactly what I ordered?
Due to the many variations in lighting, monitors and browsers, colour swatches may appear different on different monitors. Computer/Cell Phone monitors are not all calibrated equally and colour reproduction on the Internet is not precise.
We have made every effort to represent our product colours online as close as we possibly can, added to this we have live video colour swatch albums available on our Instagram social media account and we provide testers for every shade instore to allow you to view the product before finalising your purchase.
Since it is not possible to guarantee an online colour representation will look the same on all computers, we do not guarantee that what you see accurately portrays the colour of the actual gel polish to the precise shade. If it is important that the colour be exact, it is highly recommended that you email or speak to a sales assistant instore or at our online team to make sure you are happy with your purchase before committing to payment.
Please note disclaimer attached to all Gel colour on our website below;
“We take real-life photos of our products to give you the most accurate presentation. Due to differences in lighting, screen resolution and personal colour settings, the colour of the item may differ slightly from that of the image. Maskscara will not accept responsibility for any colour differences that are not manufacturing faults. In purchasing from Maskscara you agree to accept the small risk that there will be a slight variation between the actual colour and the representation on our website”
It is for this reason we do not accept returns on colour swop outs.
Courier failed to deliver?
We have selected some of the best courier service providers in the country to ensure the on-time delivery of your purchase.
In some cases, for example end of season sales and other promotional sales days, courier service providers experience high volumes and shipments might be delayed by a couple of days.
Should your parcel not be delivered within 14 days of payment then we will dispatch a new parcel or at your choice we will credit your online account with the purchase price of the product/s and issue a credit voucher to you to be used against future purchases.
STANDARD WARRANTY
If you have received a product which turns out to be defective or otherwise of poor quality (save for direct warranty products which are discussed below), please notify us as soon as reasonably possible after you become aware of the defect or poor quality, but in any event within 6 months after delivery / collection of the product (except in the case of an extended supplier warranty, which is set out below).
You can do so by logging a return via e-mail to orders@maskscara.co.za, and we will arrange to collect the product from you. You will be liable for the return courier charge. Once we have inspected the product and validated your return, we will at your choice repair / replace the product (if such repair is possible / we have the same product in stock to use as a replacement) or credit your account with the purchase price of the product (or refund you if that is your preference). If the repair / replacement takes longer than 21 days from date of Maskscara accepting the return via courier waybill, we will get in touch with you to see if you would rather receive a credit / refund.
It is also important to note that it will be in the supplier or manufacturer’s discretion what remedy it can offer you. Maskscara is under no obligation to provide you with a credit, repair / replacement, as your remedy lies with the supplier or manufacturer. However, since we want your experience to be as pleasant as possible, if the supplier or manufacturer has offered you a repair / replacement within the applicable extended supplier warranty and it takes longer than 21 days, we will get in touch with you to see if you would rather receive a credit / refund directly from us.
GIFT VOUCHERS & COUPONS
There are two types of Coupons: a Coupon with a fixed amount of a discount, e.g. R100 off (“Fixed Coupon”), and a Coupon with a percentage discount, e.g. 10% off (“Percentage Coupon”).
Where you have used a Fixed Coupon to pay for an order, and you or Maskscara later cancels your order (or part thereof) prior to delivery of the relevant product(s), or you log a return of one or more products for a credit in accordance with the Returns Policy, the value of the Fixed Coupon will be deducted off the purchase price of the cancelled or returned product(s) (as applicable), and we will credit your account for the balance, if any (or refund you if that is your preference). We will also provide you with a replacement Fixed Coupon of the same value as the original Fixed Coupon used. Maskscara may in its sole discretion impose restrictions on the use of the replacement Fixed Coupon. For any subsequent cancellations or returns arising out of the same order, we will credit your account as normal with the value of the returned product (or refund you if that is your preference).
Where you have used a Percentage Coupon to pay for an order, and you or Maskscara later cancels your order (or part thereof) prior to delivery of the relevant product(s), or you log a return of one or more products for a credit in accordance with the Returns Policy, the value of the discount received using the Percentage Coupon will be deducted off the purchase price of the cancelled or returned product(s) (as applicable), and we will credit your account for the balance, if any (or refund you if that is your preference). We will also provide you with a replacement Fixed Coupon of the same value as the discount received using the original Percentage Coupon. Maskscara may in its sole discretion impose restrictions on the use of the replacement Fixed Coupon. For any subsequent cancellations or returns arising out of the same order, we will credit your account as normal with the value of the returned product (or refund you if that is your preference).
Wherever you have used a Gift Voucher to purchase a product that you later return for a refund in accordance with the Policy, we cannot refund you in cash for that portion of the purchase price which you paid using the Gift Voucher, but we will credit your account.
AGENTS AND RESELLER RETURNS
Agents and resellers returns are treated differently to products purchased directly from Maskscara when it comes to returns, given the fact that these entities purchase products at a discounted rate to on sell to customers. It is the reasonability of the Agent/Reseller to exchange products, offer a replacement, and if necessary, facilitate and pay for the goods to be returned to our central warehouse.
Any such returns shall be dealt with as follows;
RETURN CHARGES AND REFUNDS
If you return a defective product (excluding Special deals and end of life sale items) to us, but you fail to return all of the accessories and parts that were sold with that product, we are entitled to (subject to applicable law) to refuse the return, only to replace the item that you did return, or to estimate the value of the missing accessories and parts and only to credit or refund you in respect of the returned item.
If you return a product (excluding Special deals and end of life sale items) that does not comply with this Policy, you may be liable to reimburse Maskscara for the cost of collecting the product from you and the cost of having the product returned to you.
Please note that we only refund to the payment method that you originally used – i.e. payment by credit card will be refunded to the same credit card, payment by EFT or COD (cash on delivery) will be refunded to your nominated bank account.
Should you choose to obtain a refund and the original amount was paid to us using PayFast as payment facilitator, the refund amount will be less the PayFast fees.
REFUND POLICY
Our policy lasts 30 days. If 30 days have gone by since your purchase, unfortunately we can’t offer you a refund or exchange.
To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.
To complete your return, we require a receipt or proof of purchase.
Several types of goods are exempt from being returned. Perishable goods cannot be returned. We also do not accept returns on products that are intimate or sanitary goods, hazardous or chemical materials, or flammable liquids or gases.
Late or missing refund.
If you haven’t received a refund yet, always check your bank account and if the funds do not reflect then email orders@maskscara.co.za.
There is often some processing time from the payment gateways and credit card companies before a refund is posted.
SHIPPING
To return your product, you should mail your product to: Unit 4 Woodbridge Business Park, 452 Koeberg Road, Marconi Beam, Cape town Western Cape, South Africa, 7441.
You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.
Depending on where you live, the time it may take for your exchanged product to reach you, may vary.
If you are shipping items over ZAR10,000.00, you should consider using a trackable shipping service or purchasing shipping insurance.
We don’t guarantee that we will receive your returned item.
PRIVACY POLICY
SECTION 1 - WHAT DO WE DO WITH YOUR INFORMATION?
When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.
When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.
Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates.
SECTION 2 – CONSENT
How do you get my consent?
When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.
If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.
How do I withdraw my consent?
If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at any time, by contacting us at orders@maskscara.co.za or mailing us at:
Maskscara, Unit 4 Woodbridge Business Park Cape town Western Cape ZA 7441.
SECTION 3 – DISCLOSURE
We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.
SECTION 4 – SHOPIFY
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.
Shopify payment processing gateways.
If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover.
PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
For more insight, you may also want to read Shopify’s Terms of Service.
SECTION 5 – THIRD-PARTY SERVICES
In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to u However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.
For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.
In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.
Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.
SECTION 6 – SECURITY
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption.
Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.
SECTION 7 – COOKIES
Here is a list of cookies that we use. We’ve listed them here so you that you can choose if you want to opt-out of cookies or not.
SECTION 8 – AGE OF CONSENT
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.
SECTION 9 - CHANGES TO THIS PRIVACY POLICY
We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.
If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.
QUESTIONS AND CONTACT INFORMATION
If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer at orders@maskscara.co.za or by mail at
Maskscara
[Re: Privacy Compliance Officer]
Unit 4 Woodbridge Business Park Cape town Western Cape ZA 7441
TERMS OF SERVICE
This website can be accessed at http://maskscara.co.za; related mobi-sites and software applications (the “Website”) and is owned and operated by Maskscara (Pty) Ltd. (“Maskscara”, “we”, “us” and “our”).
Our Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Goods, and the use of the Website..
Our Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”).
By using the Website and by clicking on the “Register Now”/”Sign up” ”/”Log in” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
Our Website enables you to shop online for an extensive range of beauty industry related goods which may include Nail Polishes, Soak Off Gel Polishes, Gel, Hard Gel, Acrylic, Nail Tips, LED/UV Lamps and Nail Dryers, Nail Tools, Nail Art items, Skincare Items and so on (“Goods”).
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Please note that while our standard shipping rate is ZAR150.00 for domestic parcels and ZAR195.00 for bulk orders in South Africa, the rate is subject to change based on the area where the parcel is being delivered to. If you are in an outlying area and would like to check what your shipping rates from us would be, please feel free to contact us on +27 (0) 21 201 6910 or email us at orders@maskscara.co.za.
SECTION 5 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us.
We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.
In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store.
You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools” as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Maskscara, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Maskscara and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of The Republic of South Africa.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - DISCOUNT CODES
It is the sole responsibility of the customer to correctly apply a discount code at the checkout, we take no responsibility for failure to correctly apply a discount code. Orders placed by the customer are final and cannot be changed or discounted once the checkout and payment process is complete. Discount codes cannot be stacked (i.e. are only applicable once per order) and are applicable for one special only per cart.
Should you want to place an order in order to receive multiple specials, please make use of our option to email your order through to orders@maskscara.co.za. We do not guarantee that the products available that are in stock on this site at the time of your email order will be available at the time when your order will be submitted back to you for payment and completion of the process.
SECTION 21 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at
orders@maskscara.co.za
We’re happy to answer any questions you have or provide you with an estimate. Just send us a message in the form below with any questions you may have.
