Terms of online trading
Terms and Conditions of Purchasing Our Products
Set out below are the terms and conditions on which We will supply products (the “Products”) listed on the following website: http://www.dermalogica.co.uk (the “Site”) to you the consumer (“You”/”Your”).
Any contract for any Products which you purchase using the Site will be between You and Dermalogica (UK) Ltd. Dermalogica (UK) Ltd is registered in England & Wales under company number 02263856 and has its registered office at The Manser Building, Thorncroft Drive, Dorking Road, Leatherhead, Surrey, KT22 8JB. Please read these terms and conditions carefully before purchasing any Products on the Site. You should understand that by purchasing Products you agree to be bound by these terms and conditions and should record a copy for future reference.
Your Status By purchasing Products through Our Site, You agree that: 1.1 You are legally capable of entering into binding contracts; and 1.2 You are at least 18 years old.
2. Formation of Contract 2.1 After placing an order, You will receive an e-mail from Us which will include an invoice for the goods You have ordered. Please note that this does not mean that an order has been accepted. An order from You constitutes an offer to Us to buy Products. All orders are subject to acceptance by Us, and the contract (“Contract”) will only be formed when We dispatch the goods. 2.2 The Contract will relate only to those Products which We have dispatched. We will not be obliged to supply any other Products which may have been part of Your order. 2.3 By initially accepting an order, Dermalogica is under no obligation to supply the Products ordered. No additions or changes may be made to an order once placed. Products will be dispatched within 48 hours of the order being placed on the Site, unless there are exceptional circumstances. 2.4 You will be notified by email when Your order has been dispatched. Details of the Products We have sent You will be listed in the email. We will automatically refund You for any Products we are unable to supply. 2.5 Orders will be delivered to the address provided to Us when You place Your order on the Site. Any delivery dates suggested are estimates only, and We are not liable for any losses caused by late delivery or non-delivery. 2.6 The Products will be at Your risk from the time of delivery. 2.7 Ownership of the Products will only pass to You when the goods are delivered to the address You requested when ordering.
3. Price and Payment 3.1 The price of any Products will be as quoted on the Site from time to time, except in cases of obvious error. These prices include VAT, but exclude delivery costs which will be added to the total amount due. Prices are liable to change at any time, but changes will not affect any orders You have placed prior to the date of the change and which We have accepted. We will however, endeavour to provide reasonable notice of any price increases. 3.2 Payment for all Products must be by credit or debit card. We accept payment by MasterCard, Switch & VISA. Dermalogica will charge Your credit or debit card prior to despatching goods. 3.3 It is always possible that, despite Our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of Our dispatch procedures so that, where a Product’s correct price is less than Our stated price, We will charge the lower amount when dispatching the Product to You. If a Product’s correct price is higher than the price stated on the Site We will normally, at our discretion, either contact You for instructions before dispatching the Product, or reject your order and notify you of such rejection. We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have notified You that Your order has been dispatched, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by You as a mis-pricing.
4. Refunds and Returns 4.1 We offer a 100% money back guarantee on Products returned for any reason. Before You return any Products to Us please contact our returns support staff (see our Returns Policy) who will provide You with a personalised return code. For your protection, We recommend that you always use a recorded delivery service to return the Products as We will not refund any costs until We receive them. 4.1.1 For Products that have been delivered in error We will refund the full value of those Products and the costs of returning them. 4.1.2 For Products that arrived damaged We will offer You a replacement and refund You the cost of returning the Product to Us. 4.1.3 If You return a Product which You are unsatisfied with for any reason other than the Product being damaged or delivered in error, You will be only be refunded the price You paid for the Product; no carriage will be refunded (unless You cancel the contract within 7 days after You received the order). 4.2 Where We are unable to supply a Product You have ordered and paid for We will automatically refund You the amount paid for the Product as soon as reasonably possible. We will usually refund any money received from You using the same method originally used by You to pay for Your purchase.
4.3 If You have a complaint or dispute regarding a product or products We have sold You, in the first instance please use our Contact Us form or telephone Us on 0800 917 7147. If Your complaint or dispute is not reasonably resolved and You are not completely satisfied You may undertake Online Dispute Resolution by contacting http://ec.europa.eu/consumers/odr/ to open a formal dispute.
5. Consumer Rights 5.1 As a consumer, You may cancel a Contract at any time within seven working days, beginning on the day after You received the Products. In this case, You will receive a full refund of the price paid for the Product in accordance with Our refunds policy unless You have waived this right by using the Products before the end of this seven day period. 5.2 To cancel a Contract, You must inform Us in writing. 5.3 This provision does not affect your statutory rights.
6. Our Liability 6.1 Our liability for losses You suffer as a result of Us breaking this agreement is strictly limited to the purchase price of the Product You purchased and any losses which are a foreseeable consequence of Us breaking the agreement. Losses are foreseeable where they could be contemplated by You and Us at the time Your order is accepted by Us. 6.2 This does not include or limit in any way Our liability: 6.2.1 For death or personal injury caused by our negligence; 6.2.2 For fraud or fraudulent misrepresentation; or 6.2.3 For any matter for which it would be illegal for us to exclude, or attempt to exclude, Our liability.
7. Written Communications Applicable laws require that some of the information or communications We send to You should be in writing. When using our Site, You accept that communication with Us will be mainly electronic. We will contact You by e-mail or provide You with information by posting notices on the Site. For contractual purposes, You agree to this electronic means of communication and You acknowledge that all contracts, notices, information and other communications that We provide to You electronically comply with any legal requirement that such communications be in writing. This condition does not affect Your statutory rights.
8. Notices 8.1 All notices given by You to Us must be sent to The Manser Building, Thorncroft Drive, Dorking Road, Leatherhead, Surrey, KT22 8JB OR email@example.com. We may give notice to You at either the e-mail or postal address You provide to Us when you registered to become a registered user with Us, or updated details as held within the Site on My Details. Notice will be deemed received and properly served immediately when posted on the Site, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee. 8.2 Products will be dispatched to the address provided to Us by You via the Site. Invoices will be emailed to the e-mail address provided to Us by You via the Sit
9. Transfer of rights and obligations 9.1 The contract between You and Us is binding on You and Us and on our respective successors and assigns. 9.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of Your rights or obligations arising under it, without our prior written consent. 9.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
10. Events outside our control 10.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (a “Force Majeure Event”). 10.2 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and We will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
11. Severability If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
12. Entire agreement These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
Please read these terms and conditions carefully before using this site: Jane Iredale
Terms & Conditions for Free Smooth Affair® For Oily Skin Facial Primer & Brightner
Minimum Spend of £60
Not to be used in conjunction with any other offer or promotion
Offer valid only for minimum spend of £60 per order
Voucher valid for one-time use only
Offer ends 31st July 2019
Offer open to UK and Ireland residents only
No cash alternative
Terms & Conditions for £5 off Foundation Offer
- Not to be used in conjunction with any other offer or promotion
- Offer valid on jane iredale foundations only
- Offer valid only for use on 1 x foundation per order
- Voucher valid for one-time use only
- Offer ends 31st August 2019
- Offer open to UK and Ireland residents only
- No cash alternative
1. TERMS OF WEBSITE USE
2. OTHER APPLICABLE TERMS
3. INFORMATION ABOUT US
3.1 www.janeiredale.co.uk is a site operated by iiaa Limited (“We”). We are registered in England and Wales under company number 020810868 and have our registered office at 1st Floor, Stanmore House, 15-19 Church Road, Stanmore, Middlesex HA7 4AR. Our main trading address is 12 Priestley Way, London, NW2 7AP. Our VAT number is 626781908.
3.2 We are a limited company.
4. CHANGES TO THESE TERMS AND TO OUR SITE
4.2 Please check this page from time to time to take notice of any changes we made, as they are binding on you.
4.3 We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.
4.4 We do not guarantee that our site, or any content on it, will be free from errors or omissions.
5. ACCESSING OUR SITE
5.1 Our site is made available free of charge.
5.2 We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
5.3 You are responsible for making all arrangements necessary for you to have access to our site.
6. INTERACTIVE SERVICES
6.1 We may from time to time provide interactive services on our site, including, without limitation:
- Chat rooms
- Bulletin boards. (interactive services).
6.2 Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used.
6.3 We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
6.4 The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
6.5 Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
7. CONTENT STANDARDS
7.1 These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it.
7.2 You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
7.3 Contributions must:
- Be accurate (where they state facts).
- Be genuinely held (where they state opinions).
- Comply with applicable law in the UK and in any country from which they are posted.
7.4 Contributions must not:
- Contain any material which is defamatory of any person.
- Contain any material which is obscene, offensive, hateful or inflammatory.
- Promote sexually explicit material.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right or trademark of any other person.
- Be likely to deceive any person.
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal activity.
- Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
- Give the impression that they emanate from us, if this is not the case.
- Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
8. PROHIBITED USES
8.1 You may use our site only for lawful purposes. You may not use our site:
8.1.1 in any way that breaches any applicable local, national or international law or regulation;
8.1.2 in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
8.1.3 for the purpose of harming or attempting to harm minors in any way;
8.1.4 to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (as set out in section 7 or as may be notified or published by us from time to time);
8.1.5 to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); and
8.1.6 to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
8.2 You also agree:
8.2.2 not to access without authority, interfere with, damage or disrupt:
188.8.131.52 any part of our site;
184.108.40.206 any equipment or network on which our site isstored;
220.127.116.11 any software used in the provision of our site;
18.104.22.168 any equipment or network or software owned or used by any third party.
9. YOUR ACCOUNT AND PASSWORD
9.1 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
9.2 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the
9.3 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at firstname.lastname@example.org.
10. INTELLECTUAL PROPERTY RIGHTS
10.1 We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
10.2 You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others to content posted on our site.
10.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
10.4 Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
10.5 You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
11. NO RELIANCE ON INFORMATION
11.1 The content on our site is provided for general information only. It is not intended to amount to advice of any kind (including medical advice) on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
11.2 Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.
12. LIMITATION OF OUR LIABILITY
injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
12.2 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.
12.3 We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
12.3.1 use of, or inability to use, our site; or
12.3.2 use of or reliance on any content displayed onour site.
12.4 If you are a business user, please note that in particular, we will not be liable for:
12.4.1 loss of profits, sales, business, or revenue;
12.4.2 business interruption;
12.4.3 loss of anticipated savings;
12.4.4 loss of business opportunity, goodwill or reputation; or
12.4.5 any indirect or consequential loss or damage.
12.5 If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12.6 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
12.7 We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
13. UPLOADING CONTENT TO OUR SITE
13.1 Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in section 7 (or as may be notified or published by us from time to time).
13.2 You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
13.3 Any content you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such content for any purpose.
13.4 We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
13.5 We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.
13.6 We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out section 7 (or as may be notified or published by us from time to time).
13.7 The views expressed by other users on our site do not represent our views or values.
14.1 We do not guarantee that our site will be secure or free from bugs or viruses.
14.2 You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
14.3 You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
15. LINKING TO OUR SITE
15.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
15.2 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
15.3 You must not establish a link to our site in any website that is not owned by you.
15.4 Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
15.5 We reserve the right to withdraw linking permission without notice.
15.6 The website in which you are linking must comply in all respects with our content standards (as may be notified or published by us from time to time, including those set out in section 7).
15.7 If you wish to make any use of content on our site other than that set out above, please contact email@example.com.
16. SUSPENSION AND TERMINATION
and may result in our taking all or any of the following actions:
16.2.1 immediate, temporary or permanent withdrawal of your right to use our site;
16.2.2 immediate, temporary or permanent removal of any posting or material uploaded by you to our site;
16.2.3 issue of a warning to you;
16.2.4 legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
16.2.5 further legal action against you; and
16.2.6 disclosure of such information to law enforcement
authorities as we reasonably feel is necessary.
17. THIRD PARTY LINKS AND RESOURCES IN OUR SITE
17.1 Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.
17.2 We have no control over the contents of those sites or resources.
18. APPLICABLE LAW
19. TRADE MARKS
All our trade marks that appear on our site are registered trademarks of iiaa Limited.
20. CONTACT US
To contact us, please email firstname.lastname@example.org or call our personal shopper line on 020 8438 3277 (Call charges vary according to service provider)
Thank you for visiting our site.
Website terms and conditions: Environ
THESE TERMS AND CONDITIONS ARE BINDING AND ENFORCEABLE AGAINST ALL PERSONS THAT ACCESS THE ENVIRON WEBSITE OR ANY PART THEREOF (THE ENVIRON WEB SITE) IN TERMS OF SECTION 11(3) OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS (ECT) ACT 25 OF 2002.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS YOU MUST LEAVE THE ENVIRON WEBSITE NOW, AS FURTHER USE WILL AUTOMATICALLY BIND YOU TO THESE TERMS AND CONDITIONS.
DEFINITIONS AND INTERPRETATION
a) “Environ” means the Environ web site located at www.environskincare.com and includes any part or element thereof;
b) “User” means any person who enters or uses the Environ Skin Care website, notwithstanding the fact that such a person only visited the home page of the Environ web site;
c) References herein to the singular includes the plural and vice versa; and
d) Notwithstanding the fact that hyperlinks in these terms and conditions to copyright notices and legislation should be deemed part of these terms and conditions in terms of section 11 of the ECT Act, the fact that some or all of the hyperlinks may be non-operational, shall not play a role in determination of the validity and interpretation of these terms and conditions.
1.1 Environ Skin Care (Pty) Ltd. (‘’Environ’’) is a specialised leader in manufacturing and distributing the Environ range of skin care products and equipment.
2. ALLOWED USE AND LICENCE
2.1 Environ Skin Care licenses the User to view, download and print the content of the Environ Skin Care website, provided that such content is used for personal, educational and/or non-commercial purposes only.
2.2 Content from the Environ Skin Care web site shall not be used or exploited by Users for any commercial and non-private purposes without the prior written consent of Environ Skin Care.
2.3 Users may only access and use the Environ Skin Care website for legal purposes.
2.4 If any User uses content from the Environ Skin Care website is in breach of the provisions detailed herein:
2.4.1 Environ Skin Care reserves the right to claim damages from the User;
2.4.2 Environ Skin Care reserves the right to institute criminal proceedings against the User; and
2.4.3 Environ Skin Care shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of such content by the User or any third party who obtained any content from the User.
2.5 Generic Term Hyperlinks to the Environ Skin Care website from any other source shall be directed at the home page of the Environ Skin Care website. Links for authorised Environ Skin Care Distributors will be directed to the home page. Product Specific links will lead to their relevant product page. Environ Skin Care shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of content from the Environ Skin Care website, if such content was accessed through a hyperlink not directed at the home page of the Environ Skin Care website. Persons that wish to link to content beyond the home page of the Environ Skin Care website shall do so at their own risk and indemnify Environ Skin Care against any loss, liability or damage that may result from the use of content from the Environ Skin Care website, if such content was accessed through a hyperlink not directed at the home page of the Environ Skin Care website. Environ Skin Care’s non-liability for deep linking is based on the fact that deep links bypass these terms and conditions.
2.6 Users may quote small and reasonable portions of content available from the Environ Skin Care website only if such quote is placed in inverted commas and its origin acknowledged.
2.7 No person may frame (frame – referring to iframe or ajax. Website not to be viewed on any other domain except on the domain that it is hosted) the Environ Skin Care website, in any manner whatsoever, without the prior written consent of Environ Skin Care.
2.8 Apart from bona-fide search engine operators and use of the search facility provided on the Environ Skin Care website by Users, no person may use or attempt to use any technology or applications (including web crawlers or web spiders) to search or copy content from the Environ Skin Care website for any purposes, without the prior written consent of Environ Skin Care.
2.9 All licenses and/or permissions granted in terms of this clause 2 are provided on a non-exclusive and non-transferable basis and may be terminated or cancelled by Environ Skin Care at any time without giving reasons therefore.
3. INTELLECTUAL PROPERTY RIGHTS AND DOMAIN NAME USE
3.1 All intellectual property on the Environ Skin Care website, including but not limited to content, trademarks, domain names, patents, design elements, software, databases, text, graphics, icons and hyperlinks are the property of or licensed to Environ and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights licensed to the User in clause 2, all other rights to intellectual property on the Environ Skin Care website are expressly reserved.
3.2 “Environ”, “Environ + Japanese Equivalent” “Environ Alpha” ‘’Environ Essentia Oil Logo’’, ‘’Environ Gel’’, ‘’Environ Skin Care’’, ‘’Environ Systems Logo”, “Environ Cool Peel”, ‘’Environ Cosmeceutics Deutschland & Device’’, “Environ/Lactogel”, ‘’Environ Cream Logo’’, “Environ Ionzyme C-quence” “Environ Pharma”, “Environ/Clear Skin”, “Cosmeceutics + Japanese Equivalent”, ‘’Environ Logo’’, “Evenescence”, “Environ Cosmeceutics logo”, “Environ Enforce”, “Environ Endure”, “Environ Enrich”, “Environ Enhance”, “Environ Encourage”, “AVST”, “Circles device (color) (Environ)”, “Environ Colour logo (colour)”, “Environ Flash”, “Environflash”, “Flash Bar”, “Radical Defence + Japanese Equivalent”, “Sono DFP312”, “Avance DFP312”, “Après-Cit”, “Dermalac”, “Derma-lac”, “Environ Derma-lac”, “Environ/Ionzyme”, ‘’Ionzyme’’, “Ionzyme Focus”, “Ionzyme + Japanese Equivalent”, “Cit”, “The Science of Loving Your Skin”, “Skinsymphony”, “Focus-Cit”, “Advanced Vitamin Skin Therapy”, “Vitamin Step-Up System 5 hexagon logo”, “Body Profile + Japanese Equivalent”, “Colost Gel + Japanese Equivalent”, “Environ/Serum CA + Japanese Equivalent”, “Alpha Toner + Japanese Equivalent”, “Environ logo mark”, “Flower Device (Environ) (2010)”, “DF Device (Des Fernades)”, “Step Up System”, “Vireen 4”, “Environ Revival Masque”, “Revival Masque”, “A+ Complex logo”, “Pro Advance + Japanese Equivalent”, A-Boost + Japanese Equivalent”, ‘’C-Boost’’, “C-Quence”, “C-Quel”, ‘’Masque Citrique’’, ‘’Masque Crystal’’, “Envirocol”, “Alpha Logo”, “LACPAM + Japanese Equivalent”, “Claytech + Japanese Equivalent”, “C-quence + Japanese Equivalent”, “Alginate + Japanese Equivalent”, “Dermalac + Japanese Equivalent”, “A Care in Japanese Characters”, Cell-C-Lift + Japanese Equivalent “Pigment Match+ and Japanese Equivalent”, “Moisture Ace Oil”, “Moisture Ace Oil in Japanese characters”, “Environ – A Beautiful Skin for a Lifetime”, “Roll-Cit”, “Environ Even More Cover+”, “TGFβ03e”, “Environ Even More Hydra+”, “Even More Cover+”, “Even More Hydra+”, ‘’RAD”, “RAD Shield” and ‘’EssentiA’’ are registered trademarks.
“Focus Care Comfort+”, “Focus Care Moisture+”, “Focus Care Radiance+”, “Focus Care Youth+”, and “Focus Care Masque + Japanese Equivalent” trademarks are pending registration. Users agree not to use any pending or registered trademarks as an element of a domain name or sub domain name, notwithstanding the fact that such domain name use or registration may be allowed in terms of trademark and/or constitutional law. Upon request to do so a User shall immediately cease to use such domain name and transfer it to Environ at the cost of the User.
4. SOFTWARE AND EQUIPMENT
It is the responsibility of the User to acquire and maintain, at his/her own expense, the computer hardware, software, lines and access accounts required to access the Internet and the Environ Skin Care website.
5. DISCLOSURES REQUIRED BY SECTION 43 OF THE ECT ACT
Access to the services, content, software and content downloads available from the Environ Skin Care website is classified as “electronic transactions” in terms of the ECT Act and therefore Users have the rights detailed in Chapter 7 of the ECT Act and Environ Skin Care has the duty to disclose the following information:
5.1 The full name and legal status of the website owner: Environ Skin Care (Pty) Ltd.;
5.2 Street address: 14 Jan Smuts Road, Beaconvale, Parow, 7500, Cape Town, South Africa
5.3 Postal address: PO Box 233, Parow, 7499,
5.4 Physical address for receipt of legal service: 14 Jan Smuts Road, Beaconvale, Parow, 7500, Cape Town, South Africa
5.5 Main business: Environ Skin Care (Pty) Ltd manufactures and distribute its range of skincare products and equipment. Environ Skin Care (Pty) Ltd distributes its products and equipment both locally in South Africa and internationally, currently in 36 countries;
5.6 The website address of the Environ Skin Care website is: http://environskincare.com;
5.7 The contact e-mail address is dependent on the country the Users wishes to contact. A full list can be found here: http://environskincare.com/contact-us/
5.8 Membership of self-regulatory or accreditation bodies: Environ Skin Care (Pty) Ltd currently hold membership of the CTFA (Cosmetic, Toiletries and Fragrance Association) of South Africa, which abides by the code of conduct of COLIPA (the body governing cosmetics in the EU), as well as the CTFA USA and COSCHEM. Environ Skin Care (Pty) Ltd also won a years membership of the Proudly South African Association in 2003;
5.9 Codes of conduct to which the Environ Skin Care website subscribes: Environ subscribes to the codes of conduct of CTFA, which abides by the code of conduct of COLIPA;
5.10 The costs associated with the access and use of the Environ Skin Care website are as follows: free access;
5.11 Alternative dispute resolution: Subject to urgent and/or interim relief, all disputes regarding:
5.11.1 Access to the Environ Skin Care website;
5.11.2 The inability to access the Environ Skin Care website;
5.11.3 The services and content available from the Environ Skin Care website; or
5.11.4 These terms and conditions, shall be referred to arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa and such arbitration proceedings shall be conducted in Cape Town in English. The arbitration ruling shall be final and the unsuccessful party shall pay the costs of the successful party on a scale as between attorney and own client. The expedited rules of the Arbitration Foundation of South Africa may be downloaded from the following website: http://www.arbitration.co.za;
5.12 Cooling-off period: In terms of the operation of section 42(1)(d) of the ECT Act, the cooling-off provisions of the ECT Act do not apply to this website; and
5.13 Users may lodge complaints concerning the Environ Skin Care website with Environ Skin Care (Pty) Ltd via http://environskincare.com/contact-us/
6. CHANGES AND AMENDMENTS
Environ Skin Care (Pty) Ltd expressly reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice:
6.1 Change these terms and conditions;
6.2 Change the content and/or services available from the Environ Skin Care website;
6.3 Discontinue any aspect of the Environ Skin Care website or service(s) available from the Environ Skin Care website; and/or
6.4 Change the software and hardware required to access and use the Environ Skin Care website.
7.1 Environ Skin Care (Pty) Ltd shall take all reasonable steps to protect the personal information of Users and for the purpose of this clause, “personal information” shall be defined as detailed in Act No. 4 of 2013: Protection of Personal Information Act, 2013. The act may be downloaded from: http://www.cao.ac.za/download/POPI_2013-004.pdf
7.2 Environ Skin Care (Pty) Ltd may electronically collect, store and use the following personal information of Users:
7.3.1 Name and surname;
7.3.2 Contact numbers;
7.3.3 Non-personal browsing habits and click patterns;
7.3.4 E-mail address; and 7.3.5 IP address.
7.4 Environ Skin Care (Pty) Ltd collects, stores and uses the above mentioned information for the following purposes:
7.4.1 Communicate requested information to the User; and
7.4.2 To compile non-personal statistical information about browsing habits, click-patterns and access to the Environ Skin Care website.
7.5 Information detailed above is collected either electronically by using cookies or is provided voluntarily by the User. Users may determine cookie use independently through their browser settings.
7.6 Environ Skin Care (Pty) Ltd may collect, maintain, save, compile, share, disclose and sell any information collected from users, subject to the following provisions:
7.6.1 Environ Skin Care (Pty) Ltd shall not disclose personal information from Users unless the User consents thereto;
7.6.2 Environ Skin Care (Pty) Ltd shall disclose information without the User’s consent only through due legal process; and
7.6.3 Environ Skin Care (Pty) Ltd may compile, use and share any information that does not relate to any specific individual.
7.7 Environ Skin Care (Pty) Ltd owns and retains all rights to non-personal statistical information collected and compiled by Environ Skin Care (Pty) Ltd
8. HYPERLINKS TO THIRD PARTY SITES
8.1 Environ Skin Care (Pty) Ltd may provide hyperlinks to websites not controlled by them (target sites) and such links do not imply any endorsement, agreement on or support for the content of such target sites; and
8.2 Environ Skin Care (Pty) Ltd does not editorially control the content on such target sites and shall not be liable, in any manner whatsoever, for the access to, inability to access or content available on or through such target sites.
9.1 Environ Skin Care (Pty) Ltd shall take all reasonable steps to secure the content of the Environ Skin Care website and the information provided by and collected from Users from unauthorised access and/or disclosure. However, Environ Skin Care (Pty) Ltd does not make any warranties or representations that content shall be 100% safe and secure;
9.2 Environ Skin Care (Pty) Ltd is under no legal duty to encrypt any content or communications from and to the Environ Skin Care website and is also under no legal duty to provide digital authentication of any page on the Environ Skin Care website;
9.3 Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, to the Environ Skin Care website or the server and computer network that support the Environ Skin Care website.
9.4 Notwithstanding criminal prosecution, any person who delivers any damaging code to the Environ Skin Care website, whether on purpose or negligently, shall, without any limitation, indemnify and hold Environ harmless against any and all liability, damages and losses Environ Skin Care (Pty) Ltd and its partners / affiliates may suffer as a result of such damaging code;
9.5 Users may not develop, distribute or use any device to breach or overcome the security measures of the Product and Environ Skin Care (Pty) Ltd reserves the right to claim damages any and all persons concerned with a security failure or breach; and
9.6 Any User who commits any of the offences detailed in sections 85 to 88 of the ECT Act shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by Environ Skin Care (Pty) Ltd and its partners / affiliates.
10. DISCLAIMER AND LIMITATION OF LIABILITY
10.1 Subject to the provisions of sections 43(5) and 43(6) of the ECT Act, if applicable, and as far as allowed by law, Environ Skin Care (Pty) Ltd (including its owners, employees, suppliers, Internet service providers, partners, affiliates and agents) shall not be liable for any damage, loss or liability of any nature incurred by whomever and resulting from:
10.1.1 Access to the Environ Skin Care website;
10.1.2 Access to websites linked to the Environ Skin Care website;
10.1.3 Inability to access the Environ Skin Care website;
10.1.4 Inability to access websites linked to the Environ Skin Care website;
10.1.5 Content available on the Environ Skin Care website;
10.1.6 Services available from the Environ Skin Care website;
10.1.7 Downloads and use of content from the Environ Skin Care website;
10.1.8 Any other reason not directly related to Environ Skin Care (Pty) Ltd’s gross negligence.
10.2 The Environ Skin Care website is supplied on an “as is” basis and has not been compiled to meet the User’s individual requirements. It is the responsibility of the User to satisfy himself or herself, prior to entering into this agreement with Environ, that the content available from and through the Environ Skin Care website meet the User’s individual requirements and is compatible with the User’s computer hardware and/or software.
10.3 Information, ideas and opinions expressed on the Environ Skin Care website should not be regarded as professional advice or the official opinion of Environ Skin Care (Pty) Ltd and Users are encouraged to consult professional advice before taking any course of action related to the information, ideas or opinions expressed on the Environ Skin Care website.
10.4 Environ Skin Care (Pty) Ltd does not make any warranties or representation that content and services available from the Environ Skin Care website will in all cases be true, correct or free from any errors. Environ Skin Care (Pty) Ltd shall take all reasonable steps to ensure the quality and accuracy of content available from the Environ Skin Care website.
10.5 Environ Skin Care (Pty) Ltd does not make any warranties or representations that the Environ website shall be available at all times. Users acknowledge that the Environ Skin Care website may be unavailable due to updates or other causes beyond the reasonable control of Environ, including, but not limited to virus infection, unauthorised access, power failure or other “acts of God”.
11. REMOVAL AND CORRECTION OF CONTENT
11. Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and/or harmful content available from the Environ Skin Care website to Environ Skin Care (Pty) Ltd and Environ Skin Care (Pty) Ltd undertakes to correct and/or remove such content or any part thereof if the person reporting such content provided reasonable grounds to prove the alleged nature of the content.
12. INTERCEPTION OF COMMUNICATIONS
12.1 Subject to the provisions of the Regulation of Interception of Communications (RIC) Act 70 of 2002, the User agrees to Environ Skin Care (Pty) Ltd’s right to intercept, block, filter, read, delete, disclose and use all communications sent or posted by the User to the Environ Skin Care website, its staff and employees; and
12.2 The User agrees and acknowledges that the consent provided by the User in clause 12.1 satisfies the “writing” requirement as detailed in the ECT Act and the RIC Act.
13. ENTIRE AGREEMENT AND SEVERABILITY
13.1 Subject to the provisions of the Content Use Licence, these terms and conditions constitute the entire agreement between Environ Skin Care (Pty) Ltd and the User and shall take precedence over any disclaimers and/or legal notices attached to any communications and/or postings received by Environ Skin Care (Pty) Ltd from the User.
13.2 Any failure by Environ Skin Care (Pty) Ltd to exercise or enforce any right or provision shall in no way constitute a waiver of such right or provision.
13.3 In the event that any term or condition detailed herein is found unenforceable or invalid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall remain enforceable and applicable.
14. AGREEMENT IN TERMS OF SECTION 21 OF THE ECT ACT
The User and Environ Skin Care (Pty) Ltd agree that:
14.1 The User shall be bound to these terms and conditions and such agreement is concluded in Cape Town (South Africa) at the time the User enters the Environ Skin Care website for the first time or immediately after the User indicated consent as required in Content Use Agreement;
14.2 Data messages (as defined in the ECT Act) addressed by the User to Environ Skin Care (Pty) Ltd shall only be deemed to have been received if and when responded to;
14.3 Data messages (as defined in the ECT Act) addressed to the User by Environ Skin Care (Pty) Ltd shall be deemed to be received by the User as detailed in section 23(b) of the ECT Act;
14.4 Data messages (as defined in the ECT Act) addressed by the User to Environ Skin Care (Pty) Ltd shall be deemed to have been created and sent by the User from within the geographical boundaries of South Africa;
14.5 Electronic signatures, encryption and/or authentication is not required for valid electronic communications between the User and Environ Skin Care (Pty) Ltd; and
14.6 The User agrees and warrants that data messages that are sent to Environ Skin Care (Pty) Ltd from a computer, IP address or mobile device normally used by or owned by the User, was sent and/or authorised by the User personally.
15. APPLICABLE AND GOVERNING LAW
Subject to clause 5.13, the Environ Skin Care website is hosted, controlled and operated from the Republic of South Africa and therefore the South African law enforced by the South African courts governs the use or inability to use the Environ Skin Care website, its content, services and these terms and conditions.
16. LEGAL COSTS
Environ Skin Care (Pty) Ltd shall not be liable for costs incurred by Users to obtain professional advice relating to these terms and conditions.
© 2004. ALL RIGHTS NOT EXPRESSLY ALLOWED ARE RESERVED.
These terms and conditions are licensed to Environ Skin Care (Pty) Ltd. by Buys Inc. Attorneys, Cape Town / Johannesburg, South Africa