IncStyle (Pty) Ltd trading as Zoya Africa
(“IncStyle”)
Introduction
This website can be accessed at http://zoyaafrica.co.za(the “Website”) and is owned and operated by IncStyle ((also referred to herein as “we”, “us”or“our”).
The Website terms and conditions and the terms and conditions set out in this document (the “TandCs”), the terms and conditions for and/or governing the sale of products (the “T&Cs”) and the terms and/or conditions of our returns policy (the “Return TCs”) (the TandCs, T&Cs and Return TCs, collectively the “Governing T&Cs”) govern and apply to the ordering and sale of all products ordered from us by any person and the sale and/or delivery of such product by us to such person and, to the provided extent expressly provided by or reasonably implied by the Governing T&Cs or any of them. Where applicable or necessary, the Governing T&Cs (or any of them) shall also govern and apply to the use by any person of the Website. All such persons include natural persons and juristic persons (such as companies) and all such persons who access and/or use the Website and/or click on the ‘register’ or ‘register now’ or ‘sign up’ buttons or links or any similar buttons or links on or of the Website – all such persons are hereinafter referred to as “you”, “your”or“user”, and these TandCs are fully and unconditionally binding, effective and enforceable against such persons from the moment that such persons access the Website.
Important Notice
The Governing T&Cs apply to you if or where you are a consumer for the purposes of the Consumer Protection Act,68 of 2008 (as amended or replaced from time to time) (the “CPA”).
Your attention is drawn to all of the Governing T&Cs – you must peruse and understand them.
If there is any provision in the Governing T&Cs that you do not understand, then you must ask us to explain any such provision to you before you accept the Governing T&Cs or make any order to or purchase from us or continue using the Website.
Nothing in the Governing T&Cs shall unlawfully restrict, limit, prejudice, vitiate, or avoid any of as any of our rights and/or obligations, as the case may be, whether under the CPA or otherwise.
You must only use the Website subject to the Governing T&Cs. By your using or use of this Website in any way whatsoever, you shall be deemed to have accepted all the Governing T&Cs. You must not use the Website if you do not agree to all of the Governing T&Cs.
Intellectual Property (including, but not limited to, Copyright)
All of our copyright rights in and relating to this Website (and all aspects in connection therewith, including, without limitation, icons, images, video-clips and all types of audio)) are hereby reserved, such rights vesting solely in us.
Any and all intellectual property rights (whether or not registered, whether or not held by us under licence or rights of use or through any exclusive distribution arrangement, and including, without limitation, all trademarks, logos, and designs) relative to and/or in connection with the products sold and/or supplied by us and to trade or mark names Zoya, Art of Beauty, Art of Beauty Inc, Qtica, Smart Spa, Oylie, NM, Naked Manicure and/or ay derivative or translated forms of such name (all such names and the derivatives and translations thereof, the “Trade and Mark Names”) vest in us, especially for the African continent, save and except Morocco and Tunisia.
To the extent that any registered and/or unregistered intellectual property rights of whatsoever nature or type in the products, the Website and/or the Trade and Mark names vest in the American company Art of Beauty Inc (incorporated in terms of the company laws of the United States of America (“USA”)) and/or in such company’s trade name ‘Zoya’, then such rights and/or ownership of such company are hereby fully asserted and reserved.
Permission, however, is granted to electronically copy and to print in hard copy portions of this Website for the sole purpose of placing an order with us or using this Website as a shopping resource. Any other use of materials on this Website – including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance – without our prior written permission strictly prohibited.
Voetstoots
All products sold by us are sold to you, and purchased by you, voetsoots and on an ‘as is’ basis.
Website – use and general
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.
Whilst we take reasonable measures to ensure that the contents of the Website are accurate and complete, we make no representations nor give any warranties, whether express or implied, as to the quality, operation, suitability, integrity, availability, fitness or functionality of the Website and/or pf the products we sell and/or supply and/or as to the accuracy, completeness or reliability of any information on the Website and/or of any of such products.
We hereby disclaim liability for any damages, loss and/or liability, whether direct, indirect, consequential, or punitive in nature, arising out of or in connection with youraccess to and/or use of the Website and/or of any of the contents therein and/or thereof and/or in relation to the products (or parts thereof) which we sell and/or supply, unless otherwise provided by law.
Any views or statements made or expressed on the Website are not necessarily our views or the views of our directors, employees and/or agents.
Education / Information. Any and/or all material and information presented by us is/are intended to be used for educational or informational purposes only.
Medical. Any and all of our statements and any and all products sold and supplied by us are not intended to diagnose, treat, cure or prevent any condition or disease. Use of this Website by you and the gleaning of information by you therefrom is not meant to serve as a substitute for professional medical advice. This Website is solely an online store for specialty beauty products. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from this Website before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. We do not give or intend to give any answers to medical related questions and this Website does not replace any medical professional or medical resource. We do not represent ourselves as physicians or medical or health care practitioners nor is this implied from this Website. No prescription medications or medical treatments are intentionally provided on this Website.In addition to the disclaimers above, we make no warranty nor 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 directly due to our gross negligence or intentional misconduct or of our directors, officers, employees, agents or authorised representatives.
We hereby, further, disclaim any and all liability for any damage, loss or liability of any nature whatsoever and/or howsoever arising out of or in in connection with your access to or use of the Website.
The laws applicable in the Republic of South Africa (“South Africa”) shall govern and apply to the Governing T&Cs, notwithstanding the conflict of law principles applicable in South Africa, the USA and any other country or jurisdiction in the world.
Our Address (physical, postal and email addresses, plus telephone and telefax numbers)
25 Silver Avenue
Berea
Durban
4001
+27 63 916 5352
Product Information
The products ordered on this Website can be delivered within South Africa. Our products displayed on this Website (including the following websites: www.zoya.com, www.nocti.com, and www.qtica.com) may be available in select salons, spas and specialty stores in South Africa, and certain foreign markets. All prices displayed on this Website are quoted in South African Rand (ZAR) and are valid and effective only in South Africa, all payments shall be made to us in ZAR. All of the products purchased from this Website should be used in accordance with instructions, precautions and guidelines relating thereto. If any minor uses any of our goods or products, such use must always be under and only after the legal or parental guardian has discussed the product with the minor’s doctor or medical professional. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
Color Information
While we have tried to accurately display the colours of products, the actual colours you see will depend on your computer systems monitor or screen and may not be accurate.
Big 10 free / Toxin free statement
Any of our products may not be free from the big 10 toxins. We shall not label whatsoever and howsoever to you or any user of such products for any such product not being big 10 / toxin free. Big 10 is an expression that is common in the cosmetics industry and includes any toxins or toxic composition in any cosmetic or cosmetic related or allied products.
Packaging
The packaging of our products and/or the design of such packaging may differ from the photos on our Website or those online. W shall not be liable whatsoever and/or howsoever for such difference
or variation.
Fraud Protection Program
As part of our order processing procedures, we screen all received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order or our customer service department may call you at the phone number you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.
Comments, Feedback and Other Submissions
We welcome your comments and feedback regarding this Website, and the products we sell and supply and, where applicable, our services. Any information, materials, suggestions, ideas or comments sent to us will not be treated as confidential, proprietary or trade secret information and, by submitting such information, you are granting us your irrevocable and unrestricted consent to use, disseminate, modify, reproduce, transmit, display and distribute such information for any purpose whatsoever, subject to any legal restrictions to which we may bound in law..
Changes to these terms and conditions
We may from time to time, in our sole and absolute discretion, change any of the Governing T&. It is your responsibility to regularly check and understand the Governing T&C’s and be satisfied therewith and to also confirm, understand and be satisfied with any changes to any of the Governing T&Cs. Should you not be satisfied, you must not place any further orders with us for any products on, or in any other way use, the Website.
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 any such amended Governing T&Cs has been displayed on the Website, you will be deemed to have accepted such changes (and fully satisfied therewith).
Electronic communications
When you visit the Website or send emails to us, you consent to receiving communications from us or any of our divisions or partners electronically.
Linked third party websites
This Website may contain links or references to other websites (“Third Party Websites”) which are outside of our control, including those of advertisers. The Governing T&Cs do not apply to those Third Party Websites and we are not responsible nor liable for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use, or the content of such Third Party Websites.
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 nor liable to you 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 or your interactions therewith.
Limitation of liability
We hall not be liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from our gross negligence or intentional misconduct. You are encouraged to contact us to report any possible malfunctions or errors by way of email to our email address(es) reflected in the Website.
Weshall 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 and/or any linked Third Party Website.
You hereby indemnify us and hold us free and harmlessagainst 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.
Availability and termination
We will use our reasonable endeavors to maintain the availability of the Website, except during scheduled maintenance periods, and reserve the right to discontinue providing the Website or any part thereof with or without notice to you.
Our Website may not be available from time to time due load-shedding or any similar electrical outages.
Wemay, in our sole and absolute discretion, terminate, suspend and/or modify this Website, with or without notice to you. You hereby agree that we shall not be liable to you in the event that we choose to suspend, modify and/or terminate this Website other than for processing any orders made by you prior to such time and to the extent reasonably possible in the context.
If you fail, refuse or neglect to comply with your obligations under any of the Governing T&Cs and/or are in breach of any the Governing T&Cs, including (without limitation) payment for any order , and you fail to remedy such failure within 7 (seven) calendar days of notice to you by us (or at our instance), then we shall (in our sole and absolute discretion) be entitled to suspend your access to the Website, completely without prejudice to any and all of our rights (including, without limitation, claims for damages and/or loss (howsoever arising and/or for whatever cause) that we may have against you and/or otherwise.
Jurisdiction
By your use of or access to the Website, you irrevocably consent to the non-exclusive jurisdiction of the Durban Magistrates’ Court or, where applicable, the High of South Africa (Durban Division)
Your rights to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA are not restricted not limited by the Governing T&Cs.
Notices
We select our address stated in these TandCs above as chosen domicilium citandi et executandi address(ess), which we shall be entitled from time to time to vary or change. You hereby select the address specified on the Goods order form as your nominated domicilium citandi et executandi address, but you may change it to any other physical address by giving us no less than 10 calendar days notice, in writing, of such change, which change shall only be effective after receipt by us of such notice.
Notices must be sent either by hand, prepaid registered post or email and must be in English. All notices sent –
- by hand will be deemed to have been received on the date of delivery;
- by prepaid registered post, will be deemed to have been received 10 calendar days after the date of posting;
- by email, will be deemed to have been received on first calendar day after the date of transmission or dispatch of the email.
Our Information
For the purposes of the Electronic Communications and Transactions Act 25 of 2002 (as amended or replaced from time to time), our information is as follows, which should be read in conjunction with product descriptions of products sole and supplied by us any and any provisions contained in the Website:
- Full name:
- Main business:
- Physical address for receipt of legal service (also postal and street address):
- Office bearers:
- Phone number:
- Official email address:
General
Wemay, in our sole and absolute discretion, at any time and for any reason, without prior written notice, suspend or terminate the operation of the Website or your / any user’s right to use the Website or any of its contents subject to our processing any orders already (previously) made by you (but not yet processed).
You may not cede, assign or otherwise transfer your rights and obligations in terms of the Governing T&Cs to any third party.
Any failure on our part to enforce any right under the Governing T&Cs or otherwise shall not constitute a waiver of that right nor constitute an estoppel on our part.
If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
No variation, addition, deletion, or agreed cancellation of the Governing T&Cs shall be of any force or effect unless in writing and accepted by us in writing.
No indulgence, extension of time, relaxation or latitude which we may grant or allow to you shall constitute a waiver by us of any of our rights and we shall not thereby be prejudiced nor estopped from exercising any of our rights against you which may have arisen in the past or which might arise in the future.
The Governing T&Cs contain the whole agreement between you and usand no other warranty or undertaking by us is valid, unless contained in Governing T&Cs.
Where we successfully institute any legal proceedings against you, then you shall be liable for (and pay on demand) all of legal fees and costs on the scale as between attorney and own client, as well as collection commission.
In the case of any breach by you of any of the Governing T&Cs, then all amounts then owing by you to us, notwithstanding that any such amounts are not then due and/or payable, but due and/or payable at a later, future, date, shall be (and become) immediately due, owing and payable by you to us.