TERMS AND CONDITIONS
INTRODUCTION
1.2: These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of goods, and the use of the Website.
1.3: By using the Website you acknowledge that you have read and agree to be bound by these Terms and Conditions.
1.4: All products supplied, and services offered by skinwhitegold.com (Pty) Ltd to the Customer shall be governed strictly and exclusively on the basis of these terms and conditions of sale. These terms and conditions supersede any terms and conditions stipulated by Customer irrespective of that stipulated on a Customer’s order.
1.5: If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask skinwhitegold.com (Pty) Ltd to explain it to you before you accept the Terms and Conditions or continue using the Website.
THE GOODS
PRODUCT QUALITY, SPECIMENS & SAMPLES
3.2: The description in respect of the properties and composition of specimens and samples are binding on skinwhitegold.com (Pty) Ltd only insofar as they have been specifically agreed in writing by skinwhitegold.com (Pty) Ltd to define the quality of goods.
3.3: skinwhitegold.com (Pty) Ltd does not warrant the suitability for any specific purpose of the goods, and in so far as permitted under the Consumer Protection Act, any product specifications or other information provided by skinwhitegold.com (Pty) Ltd shall not relieve the Customer of the need to conduct his own investigations and tests as to the suitability and application of the goods for any particular purpose and the Customer shall have no claim against skinwhitegold.com (Pty) Ltd if the goods are provided in accordance with the product specifications thereof but are not suitable for any particular purpose not specifically agreed to in writing by skinwhitegold.com (Pty) Ltd before the goods were supplied.
PRICE
4.2: Though skinwhitegold.com (Pty) Ltd endeavour to ensure that the prices displayed on the website are accurate, skinwhitegold.com (Pty) Ltd is reliant on its suppliers for providing accurate pricing information and as a result it is possible that erroneous prices may be displayed from time to time. In such cases, skinwhitegold.com (Pty) Ltd shall not be obliged to sell the product at the erroneous price and will correct erroneous prices as soon as skinwhitegold.com (Pty) Ltd become aware of them.
4.3: As skinwhitegold.com (Pty) Ltd products are primarily oil based products and the prices it display for products will fluctuate with exchange rates and oil price fluctuation, the displayed price on the website does not constitute any undertaking by skinwhitegold.com (Pty) Ltd to maintain that price for any length of time. skinwhitegold.com (Pty) Ltd will always endeavour to complete the Customer’s order at the price quoted at the time that the order was placed, but in cases of erroneous pricing or where skinwhitegold.com (Pty) Ltd suppliers deplete their reserves of specially priced stock, skinwhitegold.com (Pty) Ltd may cancel all or a portion of the Customer’s order and fully refund any advance payments that the Customer has made toward the affected products.
ORDERS
5.2: Orders shall constitute offers to obtain skinwhitegold.com (Pty) Ltd services at skinwhitegold.com (Pty) Ltd prevailing fee and/or to purchase the goods in question at the prevailing prices of skinwhitegold.com (Pty) Ltd and shall be capable of acceptance by skinwhitegold.com (Pty) Ltd through the delivery of goods and/or provision of the services or by the written acceptance or confirmation of the order.
5.3 skinwhitegold.com (Pty) Ltd shall not accept orders that are not written.
5.4 In the event that skinwhitegold.com (Pty) Ltd makes delivery of the Product to the Customer in instalments, each instalment shall be deemed to be the subject of a separate contract and no delivery or delay in delivery of any such instalment shall not affect the balance of the contract or entitle the Customer to cancel the contract.
5.5: When goods are delivered in accordance with 5.4 above, payments relating to separate deliveries shall be paid on terms as contained in the credit and payment by the Customer shall not be postponed until such times as all the goods ordered have been delivered.
5.6: Should skinwhitegold.com (Pty) Ltd at its own election and with agreement from the Customer or at the Customer’s request agree to engage a carrier to transport goods to the Customer, such carrier shall be the Customer’s agent and skinwhitegold.com (Pty) Ltd shall engage the carrier of fair, just, and reasonable terms and conditions. The Customer indemnifies skinwhitegold.com (Pty) Ltd against all and any demands and/or claims and/or liability which may arise or be made against skinwhitegold.com (Pty) Ltd by the aforesaid carrier or which may be claimed by the Customer out of the transportation of the goods by the aforesaid carrier.
5.7: The Customer will be liable for payment of all fees, charges, expenses which will be invoiced by skinwhitegold.com (Pty) Ltd to the client.
5.8: If the Customer fails to take delivery of the goods ordered due to a direct /indirect act/omission by the Customer, its employees or agents, then the risk in the goods shall immediately pass to the Customer and the Customer shall be liable to pay skinwhitegold.com (Pty) Ltd the reasonable costs of storing, insuring and the handling of goods, until delivery takes place.
5.9: By using the Website the Customer warrant that the Customer is 18 (eighteen) years of age or older and of full legal capacity. If the Customer is under the age of 18 (eighteen) or if the Customer is not legally permitted to enter into a binding agreement, then the Customer may not use the Website to place any orders.
PAYMENT
6.2: In all cases where the Customer uses a postal banking, electronic or similar service to effect payment, such services shall be deemed to be the agent of the Customer.
6.3: Where payment is made by debit card or credit card, skinwhitegold.com (Pty) Ltd may require additional information in order to authorise and/or verify the validity of payment. In such cases skinwhitegold.com (Pty) Ltd is entitled to withhold delivery until such time as the additional information is received by skinwhitegold.com (Pty) Ltd and authorisation is obtained by skinwhitegold.com (Pty) Ltd for the amounts. If skinwhitegold.com (Pty) Ltd do not receive authorisation the order for the Goods will be cancelled. The Customer warrant that the Customer is fully authorised to use the payment method for purposes of paying the Goods. The Customer also warrant that the payment method has sufficient available funds to cover all the costs incurred as a result of the services used on the Website.
6.4: Where payment is made by direct bank deposit or electronic funds transfer, payment must be made within 5 (five) days of placing the order, failing which the order will lapse. skinwhitegold.com (Pty) Ltd will not accept the order if payment has not been received.
6.5: The Customer shall not be entitled to claim set off or deduction in respect of any payment due by the Customer to skinwhitegold.com (Pty) Ltd for goods or services supplied.
6.6: skinwhitegold.com (Pty) Ltd may allocate all payments made by the Customer at the discretion of skinwhitegold.com (Pty) Ltd.
OWNERSHIP & RISK
7.2: The Customer shall have no claim against skinwhitegold.com (Pty) Ltd for damages caused due to loss of profits or otherwise occasioned by the removal of goods from the Customer’s premises as aforesaid notwithstanding that such removal was effected without an order of court.
7.3: Goods in possession of the Customer bearing skinwhitegold.com (Pty) Ltd name, trademarks and labels, shall be deemed to be those for which payment has not yet been made, and should any breach of these terms occur, may be repossessed by skinwhitegold.com (Pty) Ltd as set forth in paragraph 8.1.
7.4: The Customer shall fully insure the goods purchased from skinwhitegold.com (Pty) Ltd against loss or damage, until the purchase price has been paid in full by the Customer. Pending payment to skinwhitegold.com (Pty) Ltd for goods purchased, all benefits in terms of the insurance relating to such goods are ceded to skinwhitegold.com (Pty) Ltd.
7.5: skinwhitegold.com (Pty) Ltd shall be entitled to identify its goods merely by way of packaging and for other distinguishing features. skinwhitegold.com (Pty) Ltd shall not be obliged to identify the goods by way of serial numbers or any other form of intricate identification.
7.6: In the event of Customer processing the goods before payment is made in full, skinwhitegold.com (Pty) Ltd shall be considered a manufacturer and shall directly acquire sole title to the newly produced product. If the processing involves other materials, skinwhitegold.com (Pty) Ltd shall acquire joint title to the newly produced product in the proportion to the value of the goods, as invoiced.
7.7: Before payment is made in full and upon request by skinwhitegold.com (Pty) Ltd, Customer shall provide all necessary information regarding the inventory of the goods. Furthermore, upon request by skinwhitegold.com (Pty) Ltd, the Customer shall identify on the packaging skinwhitegold.com (Pty) Ltd title of ownership of the goods and shall notify its customers of assignment of its claims to skinwhitegold.com (Pty) Ltd.
DELIVERY
8.2: skinwhitegold.com (Pty) Ltd shall have the right to defer delivery under this Agreement or any other supply agreement entered into with the Customer if and for as long as the Customer fails to pay any invoice under one or more of the supply agreements entered into with skinwhitegold.com (Pty) Ltd when due.
DAMAGE IN TRANSIT
BUYER’S COMPLIANCE WITH LEGAL REQUIREMENTS
LIABILITY
11.2: skinwhitegold.com (Pty) Ltd shall not be liable to the Customer for goods delivered in good order and thereafter damaged in the possession of the Customer due to improper care or storage, use or application, contrary to any instructions and/or warnings provided or available for the goods, or any other direct or indirect act or omission by the Customer, its employees or agents resulting in the goods being damaged or causing harm to any person or damage to any property.
11.3: skinwhitegold.com (Pty) Ltd shall not be liable for any harm caused by the goods to a third party if the harm caused to the third party is due to the Customer, its employees or agents providing inadequate instructions or warnings in respect of the goods to the third party.
NEGOTIABLE INSTRUMENTS
CUSTOMER’S RIGHTS REGARDING ALLEGEDLY DEFECTIVE GOODS
13.1.1: unsuitable goods within 7 (seven) days of delivery of the goods; or
13.1.2: allegations of defective goods within 7 days of delivery of the goods or prior to the expiry of any durability dating provided thereon, whichever is earlier.
13.2: If the goods are defective and the Customer has duly notified skinwhitegold.com (Pty) Ltd in writing in accordance with 13.1 above, then skinwhitegold.com (Pty) Ltd has the right to either remedy the defective goods and supply the Customer with replacement goods, without accepting any liability arising out of such defective good.
RETURNED GOODS
14.1: Unless alleged to be unsuitable or defective at time of use as contemplated in Clause 13 above, all goods returned must be complete, clean, sealed, undamaged and in their original packaging.
14.2: The value of credit or refund for any returned goods will be calculated as per original invoice.
14.3: skinwhitegold.com (Pty) Ltd must be notified of relevant, packing slip and batch numbers before any claim will be considered.
14.3: All goods are to be returned at the Customer’s expense and the risk in the goods remains with the Customer until the goods are received by skinwhitegold.com (Pty) Ltd. The Customer shall be liable for a fee of 20% of the value of the invoice for all goods returned.
BREACH
LEGAL PROCEEDINGS
16.2: The Customer hereby submits to the jurisdiction of Magistrates Court, notwithstanding that the amount of skinwhitegold.com (Pty) Ltd claim may exceed the jurisdiction of the Magistrates Court.
16.3: A certificate issued and signed by any member or manager of skinwhitegold.com (Pty) Ltd, whose authority need not be proved, in respect of any indebtedness of the Customer to skinwhitegold.com (Pty) Ltd or in respect of any other fact, including the fact that such goods were sold and delivered, shall be prima facie evidence of the Customer’s indebtedness to skinwhitegold.com (Pty) Ltd and prima facie evidence of such other fact and prima facie evidence of the delivery of the goods.
16.4: The Customer’s physical address as given on any order, shall be recognized as the Customer’s address for receipt of notices and execution of legal documents for all purposes in terms of this agreement whether in respect of the serving of any court process, notices, the payment of any amount or communications of whatever nature. skinwhitegold.com (Pty) Ltd chooses its domicilium as C/O Colenso & Taaibos street Powerville Vereeniging.
16.5: All legal costs, including attorney/own client costs, tracing agent’s fees and collection charges which may incur in taking any steps pursuant to any breach by the or enforcement of these terms and conditions.
ALTERNATIVE DISPUTE RESOLUTION
17.2: When skinwhitegold.com (Pty) Ltd and the Customer have agreed to refer the matter to arbitration in terms of 17.1 above, in the interests of a speedy and cost effective resolution of the dispute, a short form or expedited form of arbitration shall be adopted and the rules of the arbitration shall not require that any party prepare and file any documents in a form identical to or similar to that of Court pleadings and Heads of Argument. This informality shall not detract from the onus to commence and the burden of proof which shall follow the High Court practice in this respect.
17.3: The arbitrator must be a person agreed upon by the parties and shall at least hold a tertiary qualification in the technical field of the dispute, except where the dispute relates predominantly to the interpretation of this agreement or any law, regulation, or by-law, in which case the appointed arbitrator shall have at least 20 years practical experience as an attorney in private practice or as an advocate of the High Court
17.4: Failing the agreement on the appointment of an arbitrator or the rules of the arbitration, an arbitrator must be appointed by the Arbitration Foundation of South Africa, who shall then finally resolve the dispute in accordance with the rules of the Arbitration Foundation of South Africa.
GENERAL
18.2: The Customer acknowledges that it is aware that skinwhitegold.com (Pty) Ltd dealers and sales persons have no authority to vary these terms and conditions of sale, and skinwhitegold.com (Pty) Ltd assumes no liability and shall not be bound by any statements, warranties or representations made by such dealers and or sales persons, save as expressly stated in writing and signed by a manager or a director of skinwhitegold.com (Pty) Ltd duly authorized thereto whose names are available on request.
18.3: No amendment and/or alteration and/or variation and/or deletion and/or addition and/or cancellation of these terms and conditions, shall be of any force or effect unless expressly stated by a director of skinwhitegold.com (Pty) Ltd. No agreement purporting to obligate skinwhitegold.com (Pty) Ltd to sign a written agreement to amend, alter, vary, delete, add, or cancel these terms and conditions, shall be of any force or effect, unless reduce to writing and signed by the Customer, and a director of skinwhitegold.com (Pty) Ltd.
18.4: The Customer acknowledges that no warranties, representations or guarantees have been made by skinwhitegold.com (Pty) Ltd or on behalf of skinwhitegold.com (Pty) Ltd which may have induced the Customer to enter this agreement.
18.5: No relaxation or indulgence which skinwhitegold.com (Pty) Ltd may give at any time in regard to the carrying out of the Customer’s obligations in terms of any contract shall prejudice or be deemed to be a waiver of any of skinwhitegold.com (Pty) Ltd right in terms of this agreement.
18.6: The Customer shall not cede its rights nor assign its obligation in terms hereof without skinwhitegold.com (Pty) Ltd prior written consent thereto.
18.7: skinwhitegold.com (Pty) Ltd shall at any time in its sole discretion be entitled to cede all or any of its rights in terms of this application for credit facilities including all terms and conditions to any third party with prior notice to the Customer.
18.8: The Customer undertakes to notify skinwhitegold.com (Pty) Ltd in writing within a period of 7 (seven) days of any change of address, change in ownership, name change or any changes in information as set out in this agreement and shall likewise inform the Customer of any such changes affecting skinwhitegold.com (Pty) Ltd.
18.9: The headings in this document are included for convenience only and are not to be taken into account for the purpose of interpreting this agreement.
18.10: Each of the terms herein shall be a separate and divisible term and if any such term becomes unenforceable for any reason whatsoever, then the term shall be severable and shall not affect the validity of the other terms.
18.11: Provided that they do not conflict with any of the terms and conditions contained herein, such as general practices, terms and conditions applicable to the industry in which skinwhitegold.com (Pty) Ltd conducts business shall be applicable to all dealings between skinwhitegold.com (Pty) Ltd and the Customer.
FORCE MAJEURE
(i) be relieved from its obligations under this agreement to the extent that skinwhitegold.com (Pty) Ltd is prevented from performing such obligations and
(ii) have no obligation to procure goods from other sources. If the aforementioned occurrences last for a period of more than 3 (three) months, skinwhitegold.com (Pty) Ltd is entitled to withdraw from the agreement without the Customer having any right to compensation, except for a refund of payment for any product that has been paid by the Customer and which skinwhitegold.com (Pty) Ltd cannot deliver to the Customer as a result of the aforementioned occurrences.
DISCLOSURE OF PERSONAL INFORMATION
20.2: skinwhitegold.com (Pty) Ltd has the Customer’s consent at all times to contact and request information from any persons, credit bureaus or business, including those mentioned in the credit application form and to obtain any information relevant to the Customer’s credit assessment, including but not limited to, information regarding the amounts purchased from the suppliers per month, length of time the Customer has dealt with such supplier, type of goods or services purchased and manner and time of payment.
20.3: The Customer agrees and understands that information given in confidence to skinwhitegold.com (Pty) Ltd by a third party on the Customer will not be disclosed to the Customer.
20.4: The Customer hereby consents to and always authorises skinwhitegold.com (Pty) Ltd to furnish credit information concerning the Customer’s dealings with skinwhitegold.com (Pty) Ltd to a credit bureau and to any third party seeking a trade reference regarding the Customer in his dealings with skinwhitegold.com (Pty) Ltd.
NATIONAL CREDIT ACT
21.1: If any provision of these terms and conditions are in conflict with the NCA, such conflicting terms and conditions shall not apply;
21.2: skinwhitegold.com (Pty) Ltd and the Customer shall conclude an agreement in compliance with the NCA and skinwhitegold.com (Pty) Ltd shall not be obliged to deliver any goods or provide any services until such agreement is signed;
21.3: The costs and charges which skinwhitegold.com (Pty) Ltd is entitled to recover from the Customer shall be the maximum allowed by the NCA and skinwhitegold.com (Pty) Ltd shall be obliged to comply with the NCA before instituting any legal proceedings against the Customer.
22: CONSUMER PROTECTION ACT
23: NOTICES
23.2: Any notice to a party sent by prepaid registered post (by airmail if appropriate) in a correctly addressed envelope to it at an address chosen as its domicilium citandi et executandi to which post is delivered shall be deemed to have been received on the 7th business day after posting (unless the contrary is proved).
23.3: Any notice to a party delivered by hand to a responsible person during ordinary business hours at the physical address chosen as its domicilium citandi et executandi shall be deemed to have been received on the day of delivery.