Terms And Conditions

Nailmetics CC – sole distributor of COVERDERM® in South Africa

Online buying terms and conditions – Nailmetics Store

Definitions for the terms and conditions of this website i.e. www.nailmeticsstore.co.za

Throughout the terms and conditions where we refer to:

⦁ ‘You’ or ‘your’ we are referring to the person who visits or buys on this site

⦁ ‘We’, ‘us’’ or ‘our’, we are referring to Nailmetics CC

⦁ The ‘website’ refers to ⦁ www.nailmeticsstore.co.za

On this website you are contracting with us

1. The website is owned and operated by Nailmetics CC (CK 2007/248938/23), the sole distributor of COVERDERM® in Southern Africa. Location: 71A 14th Street, Menlo Park, Pretoria, South Africa.

2. Visitors to the website, including those who buy from it, are bound by these terms and conditions.

3. If you do not want to agree to these terms and conditions do not use the website. If you continue to use the website, we will assume that you have agreed to the terms and conditions.

The contents of these terms and conditions:

1. Products are only for sale and delivery to people who live in South Africa
2. You can only buy products from our website for personal use
3. A fully completed order and full payment constitutes an agreement of sale
4. We may cancel the agreement of sale
5. You may cancel the agreement of sale under certain conditions but choose carefully
6. To help you select the correct colour foundation, we have tester kits available
7. You have access to our complaint and dispute procedure
8. Prices and availability of products on the website
9. The prices on our website include value added tax
10. Our delivery policy
11. Our refund and exchange policy
12. Our complaint and dispute procedure
13. Vouchers and coupons have their own specific terms and conditions
14. We collect and will take all reasonable steps to protect your personal information
15. We will only disclose your personal information in specific situations
16. We may collect, maintain, save, compile and share some of the information we collect
17. You may elect not to receive any marketing messages from us
18. By visiting and buying on this site you agree to electronic communication from us
19. We and our supplier (Farmeco SA, Athens, Greece) have the copyright to all content on this website
20. You are responsible for the security of your log-in name and password
21. We will prosecute anyone who gains unauthorised access to, or damages our website
22. Any links to our website must be pre-approved by us
23. Links provided from our website to other sites does not mean we endorse their content
24. The terms and conditions are valid from the date published until we terminate the site
25. We have the right to make changes to our terms and conditions
26. Sales records
27. Our relationship with you is governed by South African law
28. Talk to us if you have any questions about these terms and conditions
29. Useful contacts

1. Products are only for sale and delivery to people who live in South Africa

1. Products on the website are currently only for sale to people who live in South Africa.
2. We do not currently deliver to areas outside South African borders.
3. We do not currently charge you courier fees for the delivery of your order.
4. If you do not live in South Africa please email us on info@nailmetics.co.za and we can possibly refer you to an alternative supplier or distributor.

2. You can only buy products from our website for personal use

1. The products, samples and services available on our website, are for your personal use only.
2. You may not sell or resell any of the products, services or samples you buy or otherwise receive from us.
3. We have the right to cancel or reduce the agreement of sale if we believe that you are in violation of our terms and conditions. We may do this with or without notice to you.
4. You cannot hold us accountable for any loss, damages or costs, including reasonable lawyer’s fees, resulting from a third-party claim, action or demand resulting from your use of this website.
5. You cannot enter into any contracts on behalf of us or give any undertakings on our behalf.
6. You may not transfer your rights and obligations under these terms and conditions to anyone else.
7. If we, under any circumstances, waive our rights in one circumstance, it does not mean that we agree to waive our rights in all circumstances or in the same circumstance in another situation.

3. A fully completed order and full payment constitutes an agreement of sale

1. You must complete the electronic buying cycle fully, including all the required information, before we will consider it to be an agreement of sale.
2. We make use of an external service provider, Payfast, for the electronic payment of the sale. Please visit their site to see all the payment options that are available to you www.payfast.co.za .
3. Payfast is a secure registered payment collection site.
4. Payfast must receive the payment before you have an agreement of sale.
5. If you have not met both the above conditions, we do not consider your order to be an agreement of sale.
6. Once the buying cycle is complete and there is an agreement of sale, then there is a binding contract between you and us for the purchase of the product/s.
7. You must not order or transfer any funds for products that are out of stock. We will indicate these clearly on our website.

4. We may cancel the agreement of sale

1. We reserve the right to cancel the agreement of sale if we believe that we are preventing suspected fraud, illegal activity or if it endangers the integrity of our site.
2. We may cancel the whole sale or a part of it.
3. We will let you know if we cancel the sale.
4. We will only refund you the monies that you transferred to us for the whole sale or for the part of the sale that we cancelled. We may deduct certain charges.
5. We are in no way responsible for any other liabilities you may have because we cancelled the sale or part of the sale.
6. For more detail, refer to our refund policy.

5. You may cancel the agreement of sale under certain conditions but choose carefully

6. To help you select the correct colour foundation, we have tester kits available

1. If you do not know the colour of the foundation you use, finding it online can be difficult.
2. To help you select the correct colour we suggest that you use the Foundation Finder on our website www.nailmeticsstore.co.za
3. The Foundation Finder will help you to identify which tester kit is recommended.
4. The tester kits will each include shades that you can use to match your skin tone and undertone.
5. The cost of a tester kit is R175.00 (incl VAT).
6. Once you have matched your skin tone, you can buy the full product online.
7. When we send you the tester kit it will include a voucher number on the invoice.
8. The value of the voucher is R175.00 (the cost of your tester kit).
9. This amount will be deducted from the full price of the product you order.
10. You must keep your voucher number in a safe place.
11. The voucher must be redeemed within 3 months after you bought the tester kit.
12. You are welcome to email us at info@nailmetics.co.za if you need help with the Foundation Finder.
13. Vouchers, coupons and special offers have their own specific terms and conditions.

7. You have access to our complaint and dispute procedure

1. If you cannot meet the conditions described in the paragraph above or it is more than seven days after you received the product/s, you may not cancel the agreement of sale, but you can still make use of our complaint and dispute procedure.
2. We will deal with the merit of each complaint on an individual basis and will provide you with feedback about the outcome within seven calendar days.

8. Prices and availability of products on the website

1. We will make every effort to ensure that the prices of the products on the website are correct.
2. Should any of the prices be incorrect, we are not obliged to stick to them.
3. We will also make every effort to make sure that products that are temporarily out of stock, are indicated as such on the website.
4. You must not order or include payment for items that are out of stock.
5. We will inform you of the mistake and should you not wish to continue with the agreement of sale, we will refund you. Refer to our refund procedure for more detail.

9. The prices on our website include value added tax

All the prices for the products on the website include South African value added tax (VAT).

10. Our delivery policy

1. We will make use of the SA Post Office (counter to counter) or a courier service of our choice (door to door), to deliver the products to you.
2. You may select the one that is more convenient to you. There is a selection for this on the website.
3. You must provide us with the correct delivery address and contact details. If you give us incorrect or insufficient contact information and we are unable to deliver the products to you, you will be responsible for the cost to courier the products a second time.
4. We will deliver the products to the address specified by you within seven and 21 calendar days from the completed agreement of sale process i.e. the payment has also been confirmed.
5. We can usually deliver to main centres within seven calendar days and to outlying areas within seven to 21 calendar days.
6. We undertake to deliver the order within no more than 30 calendar days.
7. If the package delivered to you is damaged, you must indicate this on the acknowledgement of receipt documentation.
8. You must also send an email to sales@nailmetics.co.za indicating that the package was damaged when you received it.
9. If you do not let us know about damages and later claim that the package was damaged in transit, it will influence our decision.

11. Our refund and exchange policy

1. We strongly advise that you choose carefully before you finalise your agreement of sale with us. We do not normally give refunds if you simply change your mind or make the wrong decision.
2. You may cancel the agreement in part or in full within seven days after receipt of the product/s if:
⦁ The product is still in its original packaging
⦁ The packaging is undamaged
⦁ The products have not been opened or the seals broken. This is for hygiene reasons.
⦁ You have the original tax invoice for the purchase.
⦁ You provide us with the reason why you would like to return the product.
3. You must, in all instances, send an email to sales@nailmetics.co.za before you send back product/s. This is to ensure that you follow the correct procedure and that we have all the information we need to be able to deal with the issue.
4. You must include detailed information in the email:
⦁ Date the products were received
⦁ The product/s you wish to return
⦁ The reason why you would like to return the product/s
⦁ The tax invoice reference number of the purchase
5. Subject to certain charges, we may refund you with the full purchase price if you return the products within the seven days, or we may replace them.
6. If you do not return the products within seven days of receiving them, then you must follow our complaints and dispute procedure.
7. We will deal with the merit of each complaint on an individual basis and will provide you with feedback about the outcome within seven calendar days.
8. Note that products bought on special offers or at a discount, as well as with vouchers and coupons are sold under specific terms and conditions. The specific terms and conditions will define how and when they are applicable and what the refund and replacement policy is.
9. You may also use this complaint and dispute procedure for any other issues you wish to bring to our attention.
10. You must also use this procedure to let us know if a package delivered to you by the courier was damaged.
11. If we agree to refund the whole or the portion of the amount received, we will:
⦁ Have to have received the product/s back from you.
⦁ Have the reference number of the tax invoice for the purchase.
⦁ Confirm that you are in fact the person who ordered the product in the first instance.
⦁ Pay this money into the account you indicate.
⦁ In all instances require that you send us proof that the bank account is yours and that you are who you say you are (FICA requirements).
⦁ Only be able to refund you the money once we have received all the information in the point above.

12. Our complaint and dispute procedure

1. If you wish to complain, please send an email to sales@nailmetics.co.za .Make sure that you include as much detail about the issue as possible:
· Date the products were received
· Details about the complaint that you have
· Detail about the resolution you would like
· The tax invoice number of the purchase
2. You must, in all instances, send an email to info@nailmetics.co.za before you send back product/s. This is to ensure that you follow the correct procedure and that we have all the information we need to be able to deal with the issue.
3. Please note that forwarding the complaint to us and proposing a resolution does not mean that we will necessarily agree to it.
4. We will respond to your complaint within seven calendar days.
5. You may also use this complaint and dispute procedure for any other issues you wish to bring to our attention.
6. If you are not satisfied with the response that we give you, you may contact our offices and speak to one of our senior or executive managers (012 460 1220).
7. If you are still not satisfied, there are specific actions you must take before you can commence legal proceedings against us or refer the matter to an outside industry regulator. You must:
· Advise us in writing by registered mail.
· Provide all the detail of the complaint or dispute and steps you have taken so far
· Wait 30 calendar days after we have received the complaint or dispute before you refer it.
· You may then you may approach a lawyer or one of the industry regulators. Refer to useful contacts.
8. If you send us any formal notices you must send it by registered mail to:
Nailmetics CC
71A 14th Street
Menlo Park
Pretoria
0081

13. Vouchers, coupons and special offers have their own specific terms and conditions

1. We may from time to time make physical and electronic vouchers, coupons and special offers available for sales through the website.
2. We issue vouchers, coupons and special offers at our own discretion. You do not have a right to them and you cannot earn them.
3. We will issue vouchers and coupons under specific terms and conditions that will define how and when they may be used.
4. These vouchers, coupons and special offers can only be used to buy products through our website.
5. All vouchers, coupons and special offers will have an expiry date. Once the date has expired, they are no longer valid, and no purchases can be made with them.
6. You are only entitled to use a voucher, coupon or special offer once. The value of the coupon, voucher or special offer will be deducted from the value of your purchase.
7. You must pay the difference between the two amounts before there is an agreement of sale.
8. Note that vouchers, coupons and special offers cannot be:
⦁ Used to buy other vouchers or coupons
⦁ Used to buy products or services from other sites linked to our site
⦁ Exchanged for cash
⦁ Transferred or assigned to any other person

14. We collect and will take all reasonable steps to protect your personal information

1. We will take all reasonable steps to protect your personal information.
2. We may electronically collect, store and use the following information about you:
⦁ Name and surname
⦁ Date of birth
⦁ Gender
⦁ ID number or passport number
⦁ Closest city
⦁ Email address
⦁ Cell phone number
⦁ Fixed line number
⦁ Physical address
⦁ Postal address
⦁ Buying patterns
⦁ IP address
⦁ Non-personal browsing habits and click patterns
3. We collect this information so that we can:
⦁ Greet you when you access our website
⦁ Inform you of facts about your access and use of our website if you want this
⦁ Inform you about competitions and special offers from us if you want this
⦁ Compile non-personal statistics about browsing habits, click patterns and access to our website
⦁ Verify your identity when you transact with us
⦁ Ensure that you receive the products you ordered
⦁ Communicate with you throughout the sales process if we need to

15. We will only disclose your personal information in specific situations:

1. If you specifically consented to this.
2. If we have to pass on this information to Payfast (our payment clearance partner) to enable them to manage the payment for your purchase.
3. If we are legally obliged to do so.
4. If we need to give your delivery address and contact numbers to the courier service, so that they can deliver the order.

16. We may collect, maintain, save, compile and share some of the information we collect

1. We may compile, use and share any information that does not relate to any specific individual.
2. We own and retain the right to non-personal statistical information we collect and compile.
3. We may use any technology available for us to gather this information (e.g. cookie and tracking technology)

17. You may elect not to receive any marketing messages from us

If you do not want to receive marketing messages or notifications of competitions and special offers, you may select to opt out. You can exercise this option when you register on the site, or anytime thereafter.

18. By visiting and buying on this site you agree to electronic communication from us

1. By visiting and using our website, you agree to receive communication from us electronically.
2. This includes, but is not limited to, agreements, notices, disclosures etc.
3. You agree that these electronic communications replace any legal requirement that the communications we send you must be in writing ‘in writing’.
4. We may post the notifications and communications on the website.

19. We and our supplier (Farmeco SA, Athens, Greece) have the copyright to all content on this website

1. All content included on this site, such as, but not restricted to text, graphics, logos, icons, images, audio clips, digital downloads, data, compilations, software etc belongs to our supplier or us. All of it is protected by international copyright laws.
2. We also have the right to use, as our intellectual property any suggestions, ideas etc that you may send to this website. We may do this without consulting you.
3. If you have any questions about this send an email to info@nailmetics.co.za .

20. You are responsible for the security of your log-in name and password

You are responsible for the security of your login name and password:
⦁ You will only personally make use of them
⦁ You will not disclose them to any third party

21. We will prosecute anyone who gains unauthorised access to, or damages our website

1. We will prosecute anyone who sends or tries to send damaging code to our website.
2. We will prosecute anyone who gains or tries to gain unauthorised access to any information on our website or use it in any way.
3. We will also claim civil damages if we suffer any damage or loss because of these actions.

22. Any links to our website must be pre-approved by us

1. Anyone who would like to link to any page on our website must get written approval from us before they create the link.
2. You must send the request to info@nailmetics.co.za

23. Links provided from our website to other sites does not mean we endorse their content

1. We are in no way responsible for the accuracy and integrity of any of the sites that are linked to our website. Nor do we endorse, sponsor or necessarily agree with their content.
2. If you come across any illegal, defamatory, offensive or obscene content in any of the sites linked to our website, please send an email to info@nailmetics.co.za so that we can take the necessary action.

24. The terms and conditions are valid from the date published until we terminate the site

1. These terms and conditions (and any amendments made) apply from the date they are published on our website and will continue indefinitely for as long as the website exists and is operational.
2. We are entitled to terminate the terms and conditions or shut down the website at any time.
3. If we shut down the website, we will honour any agreements of sale that we have entered into.

25. We have the right to make changes to our terms and conditions

1. We have the right to change these terms and conditions at any time without prior notice to you.
2. We will post a notice on our website if we have changed anything.
3. It is your responsibility to ensure that you are satisfied with the changes.
4. If you are not satisfied, you must stop using the site.

26. Sales records

We do not currently keep your sales history on our website. If you have any queries about this send an email to sales@nailmetics.co.za and we will send you the information.

27. Our relationship with you is governed by South African law

1. Our website is hosted, controlled and operated from the Republic of South Africa.
2. Our relationship with you is therefore governed by South African law.
3. Both you and we agree to submit to the jurisdiction of the South African Courts.
4. We have a complaint and dispute procedure that you must use before you start formal legal proceedings against us or take the matter to an industry regulator.

28. Talk to us if you have any questions about these terms and conditions

Please call us on 012 460 1220 if you have any questions about these terms and conditions. Alternatively send an email to info@nailmetics.co.za .

29. Useful contacts

Institution Contact number
National Credit Regulator 0860 627 627
South African Fraud Prevention Services (SAFPS) 0860 101 248
National Consumer Tribunal (NCT) 012 663 5615
The Companies and Intellectual Properties Commission 0860 100 2472