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These terms and conditions (“Terms”) apply to website www.thedivashop.co.za (“Website”) and transaction made on it. These Terms are electronic record do not require physical or digital signature.
SUBINITE (PTY) LIMITED (2010/018925/07) (“SUBINITE”) provides the content, goods and services available on this Website to you subject to these Terms, other policies specified on this Website and applicable laws. By accessing or using this Website, you are acknowledging that you have read, understood and you agree, to be bound by these Terms including other policies referred to in it. It is thereforesin your interest to read these Terms carefully.
Certain specific terms and conditions may apply to purchase goods on Website which will be disclosed on the Website at appropriate place. Such commercial terms may have details including product price, payment terms, delivery terms, tax related, return, refund etc. By entering into such transaction, you are acknowledging that you have read, understood and you agree, to be bound by those commercial terms.
We will endeavor to fulfil your product order as placed on this Website. In the event of our inability to fulfil it partially or fully, we will inform you about the same.
Accuracy of Information
We try our best to be as accurate as possible when describing our products on the Website in all material respect. However, there may be some variation in products in terms of looks, colours, description etc. which will not be significant.
Use of Third Party Services
We use third parties to help you having better experience of this Website. Such third parties include payment gateway, vendors helping us in logistics and content development etc. While using this Website or placing an order on it, you may be directed to such third party websites / services. Your access or use of such third party websites will be subject to terms and policies of those websites / third party vendors. You may refuse to use such third party website or services which, however, may affect your experience of this Website. We will not be responsible for the failure of such third party websites or vendors. We, however, may attempt to coordinate for your issue with such third party websites / vendors on reasonable efforts basis.
Special Features, Functionality and Events
All information and content available on the website, including but not limited to trademarks, logos, service marks, text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and organization thereof (collectively, the "Content") is the property of SUBINITE, or Parent Company which has authorized SUBINITE to use it. Except as set forth in these Terms and applicable laws, you are not permitted to use, copy, modify or otherwise exploit the content, in whole or in part, for any other purpose.
Our Representations, Warranties and Limitation of Liability
Save to the extent specifically provided for, we do not make any specific and implied warranty in respect of this Website or any product made available on it. You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (in contract, tort (including negligence) or otherwise), under any circumstances, for any interruption of business, access delays or interruptions to the Website. We will not be responsible for non-delivery, mis-delivery, loss or damages of any sort incurred as a result of events beyond our reasonable control as described in a clause titled as Force Majeure. Products on this Website are based on formulations which are not in violation of any South African laws. Though enormous efforts are made and precautions taken to render the products absolutely safe for human use, it is possible that certain ingredients may cause allergic reactions to certain individuals or adversely affect individuals with pre-existing medical or other conditions. Please make yourself aware of the ingredients and usage instructions of each of our products to make sure that they are safe for you to use. It will be your sole responsibility to take proper precaution/ professional medical/ dermatological advice before using any of our personal care products that you may be allergic to. You agree that SUBINITE will not be responsible or liable for any allergic reactions to you on account of usage of our products. For any purchases made through SUBINITE, you will inter alia be governed by the limitation of liability and disclaimer conditions. Further, to the fullest extent permitted by law, we will not be liable for any indirect, special, punitive, incidental, or consequential damages of any kind (including lost profits) related to the Website or your use thereof regardless of the form of action whether in contract, delict (including negligence) or otherwise, even if we have been advised of the possibility of such damages. For proven defect in our Product, we may replace such defective Product or pay price of such Product if we are unable to provide you with a replacement Product which will be the sole remedy for proven defective product.
Standard delivery time is 5 working days. We make every effort to deliver goods within the estimated timescales set out on our Website; however delays are occasionally inevitable due to unforeseen factors. We shall be under no liability for any delay or failure to deliver the products within the estimated timescales where they did not occur due to our fault or negligence. For the avoidance of doubt, time is not of the essence.
You agree not to hold the seller liable for any delay or failure to deliver products or otherwise perform any obligation as specified in these Terms and Conditions of Sale if the same is wholly or partly caused whether directly or indirectly by circumstances beyond our reasonable control.
Cancellation of Order
Cancelling your order can be done by contacting the customer service on the official site. An order can be cancelled before shipment and the shipping charges will not be applicable. However, once ordered items have been shipped, orders cannot be cancelled and shipping charges will be applicable.
In proven case of damaged or wrong delivery, we can provide appropriate resolution of replacement or refund on case to case basis.
We encourage you to share your experience with us. For any feedback, query or complaint, you may reach us at:
Phone: 078533 5656
Address: 680 Joseph Lister Street, Constantia Kloof, Roodepoort, 1709
Your Obligations and Responsibilities
While accessing or using this Website, you shall comply with these Terms, policies, special warnings, instructions and applicable laws. You shall act always in good faith. You shall not make any change or alteration to the Website or any Content or services that may appear on this Website. You shall not do anything that might impair the integrity or operation of the Website. You also agree not to use any software robots, spiders, crawlers, data gathering / extraction tools or any program that imposes an unreasonable burden or load on our infrastructure / Website.
When you access, transmit, upload, post, e-mail or otherwise make available data, text, photographs, graphics, images, messages or other materials ("User Content") on the website, you are entirely and solely responsible for such User Content. You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing or otherwise making available on the website User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable. In addition to the above, you agree not to transmit, upload, post, e-mail, or otherwise make available any software viruses, unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of "spam". You further agree not to impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity. You agree not to stalk or harass or encourage harassment of another, or harm any third party including harming minors in any way. You understand and take responsibility to avoid intentional or unintentional violation of any applicable local, state, national or international law; or collect or store personally identifiable data about other users. We do not endorse or control the User Content transmitted or posted on this Website and therefore, we do not guarantee the correctness, accuracy, or quality of User Content. You understand that by using this Website, you may be exposed to User Content that may be offensive, indecent or objectionable to you. Under no circumstances will we be liable in any way for any User or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the website. You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse to post or remove any User Content and we reserve the right to change or delete any User Content. Any violation to the provision of these Terms, we have the right to remove or object to any User Content and we reserve the right to refuse service without prior notice for any users who violate these Terms.
You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your breach of these Terms.
Governing Law and Jurisdiction
These terms shall be governed by and constructed in accordance with the laws of The Republic of South Africa without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at South Africa.
Consent to receive notices
You acknowledge and undertake that you are accessing the services on the website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the website. You further acknowledge and undertake that you will use the website to order products only for your personal use.
Force Majeure (events beyond our reasonable control)
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any event which is beyond our reasonable control.
You acknowledge and agree that these Terms, policies referred in it and commercial terms i.e. terms specific to any transaction (if any) constitute the complete and exclusive agreement between us concerning your use of the website, and supersede and govern all prior proposals, agreements or other communications. We reserve the right, in our sole discretion, to change these Terms or policies at any time by posting the changes on the website and providing notice of such change. Any changes are effective immediately upon posting to the Website. Your continued use of the Website thereafter constitutes your agreement to all such changed. Terms and policies. Nothing contained in these Terms shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms shall be unenforceable or invalid under any applicable law or court decision, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole but these Terms shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision.