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Terms and Conditions
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The use and access of the website is at all times subject to these Terms and Conditions. By continuing your use of this website, you agree to be bound by and to abide by the terms and conditions hereof, including the Privacy Policy or other policies and terms which may appear elsewhere on this website.
1. Definitions
Agreement means these Terms and Conditions provided for in this document, together with all appendices hereto
Business Day means any day other than a Saturday, Sunday or public holiday in the Republic of South Africa
German Beauty means German Beauty (Pty) Ltd, a private company incorporated in the Republic of South Africa with registration number 2020/638865/07.
Loss means any loss, claim, damages, costs, liability, injury, fees and expenses incurred or suffered by a party, which losses may sound in money or otherwise
Password means the unique identifier selected by the User for purposes of gaining secured access to the Website or to various features within the Website, chosen by the User
Services means the services rendered by German Beauty in favour of a User and / or a User as described more fully in these Terms and Conditions
Terms and Conditions means these Terms and Conditions provided for in this document;
The user or the Client shall refer to any person gaining access to the website by whatever means or for whatever purpose
User means any person accessing any part of the website or the services. Should a person no longer fulfil the definition of “User,” this will not affect the liability of that person towards German Beauty for breach of these Terms and Conditions;
User Account means an account created by a user on the website;
User Information means any information furnished by the User to German Beauty at any time, including but not limited to the information provided by the User when logging on to the Website, setting up a User Account, or information furnished to German Beauty in any other form of communication between the User and German Beauty.
Website or site shall mean any website representing any affiliate of German Beauty on which these terms and conditions are published.
2. Use of website
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These Terms and Conditions constitute an agreement between the User and German Beauty. By using the Website, the User agrees that he/she has read and understood the Terms and Conditions set out herein and acknowledges that these Terms and Conditions, and amendments thereto from time to time, in their entirety shall bind the User.
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This Agreement governs the User’s use of the website, regardless of the means by which the User has accessed the website.
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The User agrees to use this website for lawful purposes only and only for those purposes for which the information or functionalities contained in the website were intended. The User agrees that this website will not be used for any unlawful or fraudulent purpose, including but not limited to unlawfully sharing or distributing the information contained therein or the commitment of any criminal offence.
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German Beauty reserves the right to amend and update any of the terms of this Agreement, without the obligation to inform Users prior thereto and/or without the need to obtain their consent thereto. German Beauty advises the User to check for updates to the Terms and Conditions on a regular basis, the obligation being on the User to ensure that he is aware of any alterations or amendments to the Terms and Conditions, all of which shall be immediately binding on the User.
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This website is provided by German Beauty “as is” and German Beauty makes no representations or warranties as to the operation of this website or the content thereof. German Beauty does not warrant that the service from this Website will be uninterrupted, timely or error free.
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German Beauty does not warrant that this website, its server(s) or any electronic mail sent from this website are free of viruses or other harmful components. The User is solely responsible for the protection of their hardware and software from viruses and other harmful components.
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Neither German Beauty nor any of its employees, agents or affiliates shall be liable for any damage or loss of any nature, and howsoever arising, including out of the use of or inability to use this website, any reliance placed on the content of this website or any website which is linked to this website by a hyperlink. By using this website you indemnify German Beauty, its employees, agents and affiliates against all such losses and damages.
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The User represents and warrants to German Beauty that all User Information provided to German Beauty is true and accurate in every respect and the User will keep all such information up to date during the term of this Agreement.
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The User shall not, and shall not assist any third party to copy or reproduce all or any part of the website, or create derivative works thereof without German Beauty’s written consent. All material on www.germanbeauty.co.za is protected by copyright. All the website’s intellectual property rights are specifically reserved.
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German Beauty reserves the right to suspend this website or any part thereof or to terminate your account at any time if German Beauty deems that you are not using this website in compliance with these Terms.
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By using this website the User warrants that the User is 18 (eighteen) years of age or older and of full legal capacity. If the User is under the age of 18 (eighteen) or not legally permitted to enter into a binding agreement, then the User may use the website only with the involvement and supervision of the User’s parent or legal guardian. If the User’s parent or legal guardian supervises and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for the User and all of the User’s obligations under these Terms and Conditions.
3. Product information displayed
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The images of the products reflected in our website are for illustration purposes only and are subject to availability. Some of the goods offered for sale on this website are parallel imported, meaning that the goods are the original unmodified genuine goods, but they are not imported by the authorised or licenced supplier of the goods. The warranty on these items will be honoured by German Beauty in accordance with the Returns provisions hereunder, and not by the manufacturer or its authorised or licensed supplier.
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German Beauty reserves the right to limit quantities of promotional products to 8 (eight) per customer.
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Prices are correct as at the time of publication on this website, but are subject to change without notice.
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Prices will be displayed in South African Rand, inclusive of VAT. Prices on this website apply to South Africa only and products purchased via this website will only be delivered within South Africa to areas where German Beauty delivers.
4. Online ordering
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The User can either register and complete an online profile, or shop as a guest on the website. When checking out as a guest, provide personal details need to be provided along with a delivery address in order to complete the transaction. This information will not be stored, unless it is explicitly requested that we do so by the User. All shoppers are encouraged to register and create an online shopping profile to ensure future online shopping transactions are quick and effortless. Once an online shopping profile is completed and registered, German Beauty agrees to keep your username and password secure and confidential.
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Selecting a product and placing the product in the shopping basket without completing the purchase cycle, does not constitute a sale or order for such products. Subsequently, products may be removed from the shopping basket if stock is no longer available. German Beauty cannot be held liable if such products are not available when the User completes or attempts to complete the purchase cycle at a later stage.
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The order will be deemed to be confirmed once the User electronically submits a completed order for one or more products offered by this website and the payment has been authorised and the User has received a tax invoice which will be sent to the User via the selected communication method.
5. Payment
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We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology. Our online payment options are administered by Payfast , a specialist third party payment provider who are trusted experts in the field of secure online payments
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You may pay for your order by one of the following payment methods:
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credit card: where payment is made by credit card, additional information may be required in order to authorise and/or verify the validity of payment. In such cases we reserve the right to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation, your order for the product/s will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the products. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the website;
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Debit card; and
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instant EFT via Payfast;
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Payment with gift vouchers is accepted for orders placed via this website.
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You may contact us via email at info@germanbeauty.co.za to obtain a full record of your payment.
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Once you have selected your payment method and you accept these Terms and Conditions, you will be directed to a link to a secure site for payment of the applicable purchase price for the products.
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Your payment will be presented to the bank for authorisation. Should such authorisation be declined, your order will be cancelled. Should the authorisation be successful, your order will be processed for delivery.
6. Stock availability
Stock offered is limited and German Beauty shall take all reasonable steps to discontinue the offering as soon as stock is no longer available. However, should items still be offered after stocks are sold, we shall only be liable to refund monies where we are unable to fulfill orders at advertised prices.
7. Returns or Refunds Policy
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Unwanted products
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Products may not be returned unless they are unopened or the incorrect product has been supplied. German Beauty will exchange such products on condition that:
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Unopened products are returned in its original packaging and in its original condition, including packaging, documentation, warranty cards, manuals and accessories;
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The consumer returns the product within 30 (thirty) days of receipt and confirms same by sending a written notice to info@germanbeauty.co.za within the thirty day period.
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The consumer pays the delivery cost to return the product to German Beauty. German Beauty will make all reasonable effort to replace said product on receipt, but if replacement is not possible German Beauty will refund the purchase price, including initial delivery cost to client. Such amount will be refunded within 40 (fourty) days of cancellation, beginning on the day written notice of return was given.
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Defective or damaged products
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Products may not be returned unless they are damaged, faulty upon delivery or defective.
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Should any item that you have purchased online be the subject of any manufacturing defect or failure, or is unsafe, as contemplated in the Consumer Protection Act, it may be returned for replacement or for a refund, within 6 (six) months of the date of purchase. The faulty product will be collected from you at no charge. If we are unable to replace the product, we will provide a cash refund to the value of the purchase price of the product.
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A defective product will entail any material imperfection in the manufacture of a product or any characteristic of a product which makes the product less acceptable than one would reasonably expect in the circumstances. The following will not be regarded as defects and will not entitle you to a return:
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faults resulting from normal wear and tear;
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accidentantal damage;
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damage arising from electrical surges, lightning or sea air corrosion;
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damage caused by negligence, user abuse/misuse, or failure to adequately care for the product;
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damage arising from unauthorised alterations to the product;
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products used for a purpose other than the purpose for which they were manufactured; or
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where the specifications of a product, although accurately described on the website and generally fit for its intended purpose, do not suit you.
8. Standard warranty
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German Beauty provides a 6 (six) month warranty, from the date of delivery, on all products sold on this website against defects or poor quality. Where products are not subject to an extended suppliers warranty, returns outside of this 6 month period, cannot be facilitated.
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Should a product have a supplier’s warranty extending beyond the 6 month Standard Warranty, the product can be returned within the extended supplier warranty period after delivery of the product. Any extended supplier warranty is subject to the terms and conditions of the relevant supplier or manufacturer, which is usually stated in a leaflet inside or on the product packaging. It is the consumer’s own responsibility to make themselves aware of any such terms and conditions.
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Certain Products are excluded from the 30 (thirty) day exchange or refund policy due to hygiene reasons or for reasons of cost efficiency, unless it is faulty and still covered by the product warranty or the product is not as described. The products excluded from the 30 day return and replacement or refund policy are:
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Opened or used adult toy/s or accessories;
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Personal hygiene and care products where the original packaging has been opened or where the seal has been broken; or
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Beauty products where the original packaging has been opened or where the seal has been broken.
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Please note that the adult toys and accessories have been imported without the approval, or license of the manufacturer or its licensed supplier and therefore no guarantee or warranty in respect of such goods will be honoured or fulfilled by the warranty of the manufacturer or its licensed supplier. Any warranty claims on such products will be covered by German Beauty for the warranty period indicated for any specific product, alternatively where no such warranty period has been indicated, for a period of 6 (six) months from the date of receipt.
9. Delivery
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All prices of the items posted on the website are exclusive of delivery costs.
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Delivery costs will be stated separately when settling the order and may vary daily and for each order.
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German Beauty offers one method of delivery of products, which is via third party couriers. A valid proof of delivery or courier run-sheet will be definitive proof that the parcel was delivered to the address provided on the order. It is the consumer’s responsibility to ensure the accuracy of the delivery address whilst placing the order.
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Delivery is estimated to occur within 5 – 10 working days from the day of order confirmation and the required receipt of payment, unless otherwise stated.
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German Beauty will make every effort to meet the time frame for delivery, but certain factors may affect delivery times and we cannot guarantee that every item will be delivered in such a time frame. Should any order not be delivered within 30 (thirty) days, the buyer will be entitled to cancel the order at no charge.
10. Personal data
By using this site, you agree to German Beauty’s Privacy Policy. German Beauty shall take all reasonable steps to protect the personal information of Users. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act, 2 of 2000. Please refer to German Beauty’s Privacy Policy for further information in this regard.
11. Complaints
Complaints and claims must be brought to the attention of German Beauty by emailing complaints@germanbeauty.co.za .
12. Country of Domicile
This website is governed by the laws of South Africa and German Beauty chooses as its domicilium citandi et executandi for all purposes under this Agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature the following address:
xxxxxxxx
xxxxxxxxxx
xxxxxxx
Cape Town
Western Cape
13. General
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Any failure on the part of the User or German Beauty to enforce any right in terms hereof shall not constitute a waiver of that right.
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If any term or condition contained in these Terms and Conditions is declared invalid, the remaining terms and conditions will remain in full force and effect.
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No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
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These Terms and Conditions contain the whole agreement between the User and German Beauty and no other warranty or undertaking is valid, unless contained in this agreement between the parties.
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