Certified Organic Lux Flawless Foundation

TERMS AND CONDITIONS

1. Overview:

• This website (www.earthbodyandskin.co.za) is owned and operated by Just Earth Body and Skin, registration number 2008/00000/00, a private company duly incorporated in the Republic of South Africa.

• Throughout our website and our policies, the terms “Earth Body and Skin”, “Just Skin Clinic”, “us”, “we” and “our” refer to Earth Body and Skin ( Pty )Ltd . All visitors to the website (“users” or “you”) will be able to see all services and products on offer by us, but only registered users will have full access to the website which includes the option to purchase products online .

• By accessing, registering and/or using the website, all users including those who register solely to purchase products online, shall be deemed to have read, understood and accepted, and agree to be bound by these Terms and Conditions.

• All users are advised to read the Terms and Conditions carefully before accessing or registering on our website.

2. What we offer

• Earth Body and Skin ( Pty )Ltd offers its clients a wide range of Treatments and beauty related products and services.
• In addition to our in-store services, our online shopping facility enables our clients to conveniently purchase products online, from a wide selection of high-quality products and brands.

3. Electronic communications

• When you access or use our website, register as a user, purchase any products online, or contact us directly by email, you agree to receiving electronic communications from Just Skin Clinic, from time to time.
• All communications by us are subject to the applicable provisions of the Electronic Communications Act 25 of 2002 (“ECTA”) and the terms of our privacy policy, which can be found on our website. In the event that you no longer wish to receive communication from Earth Body and Skin , you shall be entitled to ‘opt out’ at any time.

4. Updating Terms and Conditions

• We may update these Terms and Conditions from time to time. In the event that we update any Terms and Conditions of the use of this website we will notify users of the change by sending an email, by posting a notice on this website or by updating the webpage.
• These Terms and Conditions shall be applicable to all new features or functions that we add to our website, and it shall be the responsibility of the user to ensure that any updates on this website or these Terms and Conditions are checked regularly.
• In the event that you are not satisfied with any changes we make, but continue to make use of our website, you shall be deemed to have accepted the changes.

5. General conditions

• Earth Body and Skin  reserves the right to refuse services to and/or suspend the account of any user for any reason at any time.
• You agree that you will not make use of this website with the intention of interfering with the proper working or function of this website, or with the intention of creating misleading or false information.
• You agree not to duplicate, sell, reproduce or exploit any part of our website or our services or any functionalities of our website without our express written permission.
• Any breach of our Terms and Conditions will result in an immediate termination of a user’s registered profile with Earth Body and Skin.

6. Accuracy and Completeness of information

• While we take responsibility for ensuring that all reasonable steps are taken to ensure that all the information displayed on our website is complete and accurate,Earth Body and Skin takes no responsibility and makes no representations or warranties whether express or implied, as to the accuracy, quality, operation, availability or functionality of the website or any information displayed on the website including such information provided in respect of any products listed for purchase.

• In the event that there are any errors of whatsoever nature or kind, we shall not be liable for any loss, claim or expense relating to any transactions which results from you visiting our website.
• We shall not be responsible for any information that is made available on our website either by us or any third-party websites or suppliers, that is not accurate, complete or up to date.
• The information on our website is provided to enable our client’s to access information about Earth Body and Skin services and products, and to enable registered users to make use of the website to purchase certain products online. This website and its content is not intended to and does not constitute advice or a recommendation of any nature in respect of but not limited to, any product, brand or treatment advertised on the website.

• This website displays a number of products which are available for purchase online by registered users of the website. The display of these products is not intended to be, and should not be regarded as an endorsement or recommendation by Just Skin of these products or brands, nor should it be regarded as an affiliation between Earth Body and Skin and any brand or product displayed on the website.

• Your reliance on the information found on our website is at your own risk. We reserve the right to modify the contents of our website at any time.

7. Personal Information

• Any personal information provided by you or required by us for the proper use of our website is governed by the terms of our Privacy Policy, which is available on our website and should be read in conjunction with these Terms and Conditions .

8. Intellectual Property Rights

• All rights, title, interest and ownership in, to or of this website (including all rights under copyright, patent and/or other intellectual property laws) are solely that of Earth Body and Skin.

• The content of our website including but not limited to any information, data, software, icons, text, graphics, designs, logos and trademarks which are displayed on or linked to our website (web content) are protected by law.
• The use, distribution or reproduction of any of our website content is prohibited unless expressly authorized by Earth Body and Skin.

• Any content of third-party websites or suppliers is not covered by these Terms and Conditions and the Terms and Conditions of the third-party website or supplier should be consulted and complied with insofar as they apply to the user of this website.

9. Prohibited use

Whether you are a visitor to our website or have a registered profile, you are prohibited from using our website or any of its contents for:

• Any unlawful purpose;
• Violating any laws;
• Infringing upon or violating any intellectual property rights of Just Skin or any third-party websites;
• To upload any inappropriate, false or misleading information;
• To upload or transmit any viruses or other types of malicious code that will affect or disrupt the functionality of operation of our website;
• To collect or obtain the personal information of other users;
• To spam, phish, spider, crawl or scrape;
• To interfere or circumvent the security features in place to protect the users of the website;
• Any other immoral or inappropriate purpose.

• We reserve the right to cancel any registered users profile at any time for any reason. In the event of suspected fraud, improper conduct or non-compliance with the Terms and Conditions of this website, the users profile shall be immediately suspended, pending further investigation, without any prior notice required to be given to the registered user.
• In the event that you suspect that there has been any unauthorized access to your user profile, you agree to notify Just Skin Clinic immediately of such suspected activity.

10. Consent

• By using this 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 this site 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 by these Terms and Conditions.
• No persons under the age of 18 (eighteen) may register a profile with Just Skin, notwithstanding any consent or permission having been provided by a parent or guardian.
• In creating a user profile, you warrant that your profile will be used for personal use only. Any information uploaded or provided by you on your profile shall be within your personal knowledge and to the best of your knowledge, be true and correct.
• In the event that we detect that false information is being provided on your profile, we reserve the right to suspend or cancel your user profile until such time as the information provided by you is able to be verified.

11. Third party websites and Links

• Our website may contain material or information related to third-party websites or suppliers, and contains information related to the services we offer, as well as the third party (supplier) products displayed for sale through our website.
• Third party links found on our website may re-direct you to third-party websites. Just Skin is not directly affiliated with any of the third-party links which may be found on our website and we are not responsible for the content or accuracy of information that may be displayed on any third-party websites.
• In the event that you are re-routed to a third party website including video links, you agree to be bound by the Terms and Conditions of the third party website, including but not limited to their Terms and Conditions , returns policy, payment processes and privacy policies.
• Once you leave the Just Skin platform, our Terms and Conditions are no longer applicable and you are advised to familiarise yourself with all Terms and Conditions and policies of the third-party website.

12. Limited Availability

• While we do our best to ensure that the products and services advertised on our websites are up to date and available, Just Skin shall not be liable in the event that any products or services advertised on the website are unavailable or out of stock.

• Earth Body and Skin shall not be held responsible or liable for the correctness of information displayed on any third-party or supplier websites. Just Skin relies on the inventory information and product descriptions provided by suppliers.

13. Registration and use of the website

• Only registered users may make full use of the functions of the website which includes but is not limited to the placing of orders for the purchase of any products displayed on the website, and the completing of our online skin assessment.
• In order to register as a user, you will be required to create a user profile with a unique username and password. You will be required to provide us with certain personal information including but not limited to your full name, email address and credit card information.
• You acknowledge and agree that your registration on our website shall be for your personal use only and you shall not knowingly disclose your user name or password to any third party.
• To familiarise yourself with our policies regarding the privacy and protection of your personal information please consult our privacy policy.

14. Products and Services

• Earth Body and Skin offers a wide range of beauty and medical products and services to its clients. All services offered are listed on our website, and more information about the services offered can be requested in our store.
• All information displayed on our website in respect of the products available for online purchase, including but not limited to the product descriptions and additional information, is provided by the supplier of the product.
• Just Skin is not, nor does it claim to be, the manufacturer of the products available for purchase on the website, and does not make any warranties or representations in respect of the quality or effectiveness of the products displayed on the website.
• Users may complete our Online Skin Assessment in order to obtain product recommendations. Just Skin shall not be held liable for any products that have been purchased and are found not to be suitable for their intended use.
• All users are advised to obtain the necessary and/or appropriate medical or professional advice prior to purchasing any products online in the event that the user is not familiar with the particular product. The user is also advised to familiarise them self with the returns policy in respect of the product purchased, prior to confirming an order.

15. Purchasing products online

• All products displayed on our website are limited and subject to availability. Earth Body and Skin  shall make all reasonable efforts to ensure that it is clearly indicated on the website in the event of that product being out of stock, has been discontinued or is otherwise unavailable.
• In the event that an order is confirmed but the product is not available, we shall inform you as soon as reasonably possible and you shall be entitled to a full refund within 48 hours.
• In order to place an order for a product/s displayed on our website, you will be required to register as a user of our website.
• Once you have chosen your products for purchase, you will be directed to the checkout process where you will review the contents of your order including the price, which may include a delivery fee. Delivery fees are charged on all orders unless there is a promotion that offers free delivery.

• All prices displayed on our website are inclusive of VAT unless clearly stated otherwise.

• Prior to confirming the order and proceeding to payment, the user is responsible for ensuring that all details of the order, including the quantity and type of product ordered, is correct. Just Skin shall not be liable for any loss incurred, whether financial or otherwise, in the event that the incorrect information is provided by the user when an order is made.
• Only once payment is received, will you receive confirmation that your order has been confirmed. Email confirmation of the order will be sent to the user, in which the details of the order, including estimated delivery time shall be confirmed.
• A record of your order will be available on your registered account, which will include an invoice detailing the products ordered and their price.

16. Payment options

• Payment can be made either by credit or debit card by making use of the Payfast system (an approved payment system), or by EFT.
• In the event that payment is not made within 48 hours of the user confirming the order, the order will be cancelled.
• You will be required to use a unique reference which will be provided to you when your order is made, which reference must be used when making payment. Just Skin shall not be responsible for any delays which occur as a result of the user’s failure to make use of the correct payment reference.
• Just Skin shall not be held responsible for any loss incurred by the user in the event of a fraudulent transaction occurring on their account as a result of making use of the payment system on the website.
• Once payment has been received, your order will be confirmed and your delivery scheduled.
• All users warrant that when payment is made by credit card, that they are duly authorised to use the credit card for payment and that there are sufficient funds available to cover the costs of the transaction.

17. Delivery of order

• When placing your order, you will be required to provide a physical address for the delivery of your order. It is the user’s responsibility to ensure that the correct delivery address is recorded, and a contact number is provided for the person accepting delivery of the order.
• If you would prefer to collect your order from our premises, you shall be entitled to do so after 48 hours of confirmation of payment having been made in respect of your order, at no additional charge.
• Deliveries are made by our courier service between 08h00 and 17h00, Monday to Friday, and can only be made to a street address. No PO BOX addresses are permitted.
• The delivery details provided by you shall be provided to our courier service who shall contact you to confirm a date and time for the delivery. In the event that no one is available to accept delivery at the scheduled time, you shall be responsible for re-arranging delivery with the courier.
• Earth Body and Skin  shall not be held responsible for any delay in the delivery of products in the event that the user fails to provide the correct or sufficient information in order for the delivery to be effected.
• Earth Body and Skin shall not be liable for any loss, damage or additional charges incurred in the event that there is a delay, whether caused by the user or unexpected.
• In the event that there is expected to be a delay in the delivery, we will endeavor to advise the user as soon as reasonably possible.

18. Returns, cancellations and refunds

• In the event that you have confirmed your order but it has not been dispatched for delivery, you shall be entitled to cancel any order made and shall be entitled to a full refund.
• In the event that the product delivered is defective or the incorrect product is delivered, you may return the product within 7 (seven) working days of delivery, provided that the product is in unopened and in the original packaging, or in the event that the product’s defect is only able to be discovered upon opening the packaging, that the product has not been used.
• In order to qualify for a refund or replacement of defective product, the defective or incorrect product must be reported to Just Skin within 48 (forty-eight) hours of delivery being completed. The approval of the exchange or refund will be based on the particular circumstances of your case and we reserve the right to approve or refuse the exchange or refund based on such circumstances.
• We reserve the right to cancel any order made or to refuse to process any order at any time in the event that a product has been discontinued or is unavailable, or in the event that payment is not received, or fraudulent activity is suspected.

19. Vouchers

• Earth Body and Skin  may from time to time, elect to send registered and/or non-registered users vouchers or promotional coupons. The details relating to such voucher or promotional coupon including the monetary value, period of validity and terms of use, will be displayed on the voucher or coupon.
• Earth Body and Skin  Vouchers must be used while they are valid, are not redeemable for cash and will not be replaced in the event of the voucher being lost, stolen, destroyed or used without permission.

20. Disclaimer

• The use of the Just Skin website is entirely at the risk of the user. By making use of the websites, whether by visiting the website, registering as a user or otherwise, you assume full liability for any risk or loss resulting from the use of the information on our website or any information or third-party links or suppliers which may be found on the websites.
• We do not warrant or make any representations regarding the quality of any products, services, information or other material advertised on our website and subsequently purchased by you as a result of making use of the information on our website and our services, or that such products or services will meet your expectations.
• Earth Body and Skin  shall not be liable for any loss and/or damage, whether direct or indirect arising out of or in connection with any users access to or use of the Earth body and Skin website or any other content or information connected with the Just Skin website unless otherwise provided by law.

21. Limitation of liability

• Earth Body and Skin provides the website “as is” and does not give any express or implied warranty or make any other representation about the content of this website. We do not make any warranties regarding the quality of goods and/or services which may be found on the website, nor do we warrant that any information found on this website or linked to the website is accurate, complete, up-to-date or secure.

• Earth Body and Skin agrees to do it’s best to ensure that the website is up-to-date and accurate at all times, and to the best of our knowledge, free from any inaccurate, false, misleading or outdated information. Just Skin is not responsible for any information or accuracy of any third-party websites, suppliers or affiliates that may be found on our website.

22. Indemnification

• By agreeing to these Terms and Conditions you indemnify us (Erath body ans skin, any subsidiaries, affiliates, partners, officers, directors, contractors, service providers, sub-contractors, suppliers and employees of Erath body and Skin) against any claim, demand, loss, damage, cost or liability of whatsoever kind or whatsoever nature, related to your use of this website.

23. Severability

• In the event that any provisions of these Terms and Conditions are found to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by the applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions . Such determination shall not affect the validity and/or enforceability of the remainder of the Terms and Conditions of this website.

24. Governing laws

• These Terms and Conditions and any disputes arising out of or in connection with these Terms and Conditions shall be governed by and interpreted in accordance with the laws of the Republic of South Africa.
• You may not use this website in contravention of any South African Export Laws or regulations. If you access this website from any location outside of the Republic of South Africa, you are responsible for compliance with any applicable local laws and regulations.
• In the event of any dispute arising out of your use of this website or between Earth Body and Skin and yourself, you hereby consent to the non-exclusive jurisdiction of the High Court of South Africa (Western Cape Division) notwithstanding the fact that the quantum in the action or application may otherwise fall below the monetary jurisdiction of that Court.
• Your right to approach any court, tribunal or forum of competent jurisdiction in terms of the Consumer Protection Act, is not limited by these Terms and Conditions.

25. Contact information

• This website is owned and run by EARTH BODY AND SKIN (PTY) LTD, registration number 0000/000000/07.
• Earth Body and Skin's registered address and chosen domicilium citandi et executandi for all purposes under these Terms and Conditions as: 197 Imam Heron Road Claremont, Cape Town, 8000.

• You can contact us by email at the following address: hello@earthbodyandskin.co.za . All correspondence and/or notices addressed to Earth Body and Skin must also be sent to this address.