INFORMATION REQUIRED BY SECTION 43 OF THE ELECTRONIC COMMINICATIONS AND TRANSACTIONS ACT N0. 25 OF 2002
The main function of the FLOW HAIR DESIGNS website is to sell hair products and related goods to consumers and professionals online.
- Full name of the owner of website: FLOW HAIR DESIGNS (PTY) LTD
2. Web address: www.flowcosmetics.co.za
3. Registered address: Shop UR8, The Marc Centre, 129 Rivonia Road, Sandton
4. Principle place of business: Shop UR8, The Marc Centre, 129 Rivonia Road, Sandton
6. Terms and conditions are accessible on the website and are available upon request;
7. Customers may access a record of their transactions upon request.
WEBSITE TERMS AND CONDITONS
Please note: We do not sell products for purchase by minors. We may sell children's products for purchase by adults. If you are under 18 you may use the Website only with the involvement of a parent or guardian.
By using the Website, you agree to be bound by FLOW HAIR DESIGNS’s terms and conditions at all material times.
- 1. “Agreement” shall mean the Agreement set out in this document namely the terms and conditions of the FLOW HAIR DESIGNS website.
- 2. “Communication" shall mean any communication by means of electronic transmission, including by website notice, telephone, fax, SMS, wireless computer access, email, mobile Application, USSD or similar technology or device;
- 3. “Customer” shall mean any person/entity who purchases products or services through the FLOW HAIR DESIGNS website, including inter alia retailers, consumers and Professionals.
- 4. “Intellectual Property Rights” shall mean copyright, trademark, patent or any other intellectual property right recognised by South African law.
- 5. “FLOW HAIR DESIGNS” shall mean FLOW HAIR DESIGNS (PTY) LTD (registration number 2017/381229/07), a company duly registered and incorporated according to the company laws of the Republic of South Africa with its principal place of business stipulated in the manual.
- 6. “Product” shall mean goods sold on the website from time to time.
- 7. “Professionals” shall mean Customers who on-sell the Product and are qualified hairdressers
- 8. “User” shall mean any person who enters the website.
- 9. “Website” shall mean: www.flowcosmetics.co.za.
- .1When a User visits the website or sends communications to FLOW HAIR DESIGNS, he or she consents to receiving communications from FLOW HAIR DESIGNS,
- .2 Customers agree that any agreements or correspondence sent by FLOW HAIR DESIGNS satisfies the legal requirements, inter aliathe requirement that certain communications should be reduced to writing and/or signed.
- Registration on the Website:
- 1. Is compulsory for Professionals.
- 2. Optional for ad hoc purchasers or Website Users.
DURATION AND COMMENCEMENT OF THIS AGREEMENT
- The terms and conditions of this Agreement are applicable to Users from the moment that they access the website,
- The terms and conditions that require registration, shall endure indefinitely until terminated by FLOW HAIR DESIGNS.
- FLOW HAIR DESIGNS does not remove registered user accounts from its systems, however a Customer may request to have his/her account suspended and it will no longer be able to be used again.
- FLOW HAIR DESIGNS is committed to protecting any personal information that you may provide to it.
- While using this website, information about the Customer may be either collected by FLOW HAIR DESIGNS or its representatives. Such information will become the property of FLOW HAIR DESIGNS.
- FLOW HAIR DESIGNS or its representatives may use this personal information to provide Customers with information regarding FLOW HAIR DESIGNS‘s products, services, offerings, promotions or events from time to time as well as for the purposes of improving FLOW HAIR DESIGNS.
- The Customer may request that FLOW HAIR DESIGNS or its representatives cease sending them information or request that the Customer’s personal information be removed from the database or mailing list at any time by e-mailing the following address: email@example.com
- FLOW HAIR DESIGNS and its representatives are not responsible for and give no warranties or representations in respect of the privacy policies or practices of any inter alia: third party and/or linked websites and/or linked application.
- The Customer may request access to any personal information concerning himself or herself, which FLOW HAIR DESIGNS holds. However FLOW HAIR DESIGNS will not provide third parties with any personal information unless required to do so by law.
- The Customers’ identities are kept anonymous and are prohibited to be posted onto the Website, unless they expressly consent.
USE OF INFORMATION
- This Website is operated and controlled by FLOW HAIR DESIGNS and / or its nominees. The information from this Website is protected by copyright and other proprietary rights laws. No information from this site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without the written consent of an authorised representative of FLOW HAIR DESIGNS or the manufacturer and/or wholesaler and/or agent and/or supplier of such product or service, as the case may be. FLOW HAIR DESIGNS and / or its affiliates retain all intellectual property rights in the Products, as the case may be.
- Any unauthorised copying, or attempt at copying, assignment or transfer of this Agreement, may result in the immediate termination of this Agreement by FLOW HAIR DESIGNS and FLOW HAIR DESIGNS reserves the right to seek civil damages or press criminal charges, as it sees fit, without limiting any of its rights.
- The Customer is not granted a license or any other right including without limitation under any Intellectual Property Rights in or to the content of this website.
- FLOW HAIR DESIGNS expressly reserves the right, in its sole and absolute discretion, to remove, alter, modify, supplement and / or restrict access to the Website or any of its content for whatever reason.
- Any person or entity whose products or services are removed from the Website shall have no recourse against FLOW HAIR DESIGNS and/or its affiliates.
- The Customer hereby ratifies, guarantees and agrees to be personally liable for any and all obligations entered into or assumed by others who use the information, content or services through his / her account or with his / her registration details.
- Should any party be of the belief that content on the FLOW HAIR DESIGNS website is in violation of any Intellectual Property Rights (“violation”), such violation must be reported to FLOW HAIR DESIGNS in order that FLOW HAIR DESIGNS is able to assess the situation, contact all relevant parties and take the measures it deems to be appropriate in the circumstances. In order to assess the situation, FLOW HAIR DESIGNS requires that the following be sent to it:
- 1. Identification of the alleged violation,
- 2. Contact details of the reporter of the violation in the form of telephone number, email address and full name,
- 3. Proof of Intellectual Property Rights,
- 4. Should the reporter not be the owner of the Intellectual Property Right, we require authorization of the reporter’s right to report the violation to us.
- Should the information requested in terms of clause 5.7 above not be provided, FLOW HAIR DESIGNS is under no obligation to take any action.
- FLOW HAIR DESIGNS will allow representations to be made in defence of allegations made regarding violations, and reserves the right to make decisions based on the information it receives from the relevant parties.
- Any parties who repeatedly violate FLOW HAIR DESIGNS‘s policies (as may as amended from time to time) and the Intellectual Property Rights may be suspended from using the FLOW HAIR DESIGNS website permanently.
- The User acknowledges that registration on the FLOW HAIR DESIGNS website will be strictly for the purposes of accessing services or products supplied by Sellers on the FLOW HAIR DESIGNS website with a view to purchasing services or Products online through the website.
- The Customer undertakes that its log-in and password will not be disclosed to third parties and will be used solely for personal use, and that the Customer will take the necessary precaution of keeping such information safe.
- FLOW HAIR DESIGNS shall not be liable for any security breaches occurring on the website whatsoever, including by virtue of the negligence of FLOW HAIR DESIGNS.
- FLOW HAIR DESIGNS shall not be liable for any security breaches resulting in a lack of virus protection or spyware that any User / Customers may have inadvertently installed on their device, or which may automatically install on the User’s device.
- It is the duty of all Users to ensure that their hardware and software is secure from threats which are found on the internet and that they back up their data regularly. FLOW HAIR DESIGNS shall not be liable for any failure to attend to the aforementioned.
- Upon registration to use the website, Customers will receive confirmation via email.
- Any person that delivers or attempts to deliver any damaging code to this Website or attempts to gain unauthorised access to any page on this Website shall be prosecuted and FLOW HAIR DESIGNS reserves its rights to both institute criminal proceedings against such persona and its employer and/or claim damages for any losses or damages it incurs from such person and/or its employer.
- FLOW HAIR DESIGNS shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of Website content by the User or any third party who obtained any content from the User.
- Apart from the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act 25 of 2002, the use of any information contained on this site is at the User’s own risk, and FLOW HAIR DESIGNS and its affiliates accepts no liability for the use of and / or reliance upon and / or inability to use any information of this site, nor shall they be liable in any manner for any losses or damages of any nature resulting from the direct or indirect use of and/or reliance upon the information contained on the website or websites linked to the website.
- All products or services purchased through the FLOW HAIR DESIGNS website are purchased by Customers entirely at their own risk, and the risk of loss, harm or damage shall not be borne by FLOW HAIR DESIGNS, or its representatives to such Customer whatsoever.
- It is the User’s responsibility to ensure that their software or hardware, as the case may be, is compatible with the website.
- Should Customers purchase products and/or services on the Website, and are unable to use such, FLOW HAIR DESIGNS will not be held liable and has no duty to refund the Customers. Returns are subject to FLOW HAIR DESIGNS’s returns policy.
- Communications expressed on this site should not be regarded as the opinion or view of FLOW HAIR DESIGNS and FLOW HAIR DESIGNS will accept no liability resulting there from.
- FLOW HAIR DESIGNS, will accept no responsibility for losses or damages resulting from the reliance on information on the website, and Users should always seek professional advice before taking any course of action related to information, ideas or opinions expressed on this site.
- The Website is supplied in the form preferred by FLOW HAIR DESIGNS and is not catered per the requirements of an individual.
- Regarding any hyperlinks provided on the Website, FLOW HAIR DESIGNS does not necessarily agree with the content thereof and accepts no liability incurred from the use of such hyperlinks.
- Users and/or Customers agree to indemnify and hold harmless FLOW HAIR DESIGNS, its officers, directors, employees, partners, suppliers and affiliates, from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claims that the User or Customer has used the Website in violation of another party's rights, in violation of any law, in violation of any provisions of the terms, or any other claim related to the User’s use of the Website.
- Website Cookies: when entering the website, information such as user preference and activity may be stored and used by FLOW HAIR DESIGNS to improve the website’s functionality. Cookies may be disabled by Users.
- Although FLOW HAIR DESIGNS will try its best to ensure that prices are displayed correctly, some items may be inadvertently mispriced.
- Should a Product be mispriced, FLOW HAIR DESIGNS reserves its right to amend incorrect pricing without notice and shall not be liable for any losses/damages incurred by any other party who may have relied on the information displayed on the Website.
- Should a Product be ordered, and it has been mispriced, FLOW HAIR DESIGNS may contact the Customer prior to dispatch and advise of the correct price. The Customer then has the option to:
- 1. Cancel the purchase order,
- 2. Purchase at the amended, correct, price.
- If a Product's correct price is lower than FLOW HAIR DESIGNS’s stated price, FLOW HAIR DESIGNS will charge the lower amount.
- Prices may vary without notice.
- Any prices displayed on the Website or placed in the shopping basket may be subject to change, update or variation by FLOW HAIR DESIGNS without notice.
- Prices quoted:
- 1. Include VAT,
- 2. Do not include delivery charges which will be levied,
- 3. Do not include any taxes or duties which may be imposed on purchase of the product
- The User is guided through the ordering process, which commences when a User selects a Product and quantity thereof. The item is then placed into an online shopping basket.
- The User then agreed with FLOW HAIR DESIGNS’s terms of sale, in addition to these terms and conditions.
- The User must stipulate the address of delivery and make payment.
- FLOW HAIR DESIGNS relies solely on the User’s input and does not verify the correctness of the User’s information provided.
- Once the order is complete, a confirmation is sent and FLOW HAIR DESIGNS will deliver the Products in terms of these terms and conditions.
- USE OF PRODUCTS PURCHASED ON THE WEBSITE
FLOW HAIR DESIGNS is merely a gateway through which the Products can be purchased online.
- All persons using Products purchased on the Website do so at their own risk.
- Products purchased may require professional application. The person using or applying such Product is fully responsible for acquainting themselves, and those whom they are applying the Product on, with the instructions, ingredients, risks and warnings thereon.
- FLOW HAIR DESIGNS cannot be held liable for misuse, allergic reactions, negligence, ingestion or any other form of harm caused by the use or application of Products purchased on the Website.
- FLOW HAIR DESIGNS does not test Products and does not warrant that Products purchased through the Website are suitable for the User’s needs and makes no representation as to the quality of the Products advertised.
EXCHANGES, RETURNS AND REFUNDS
- FLOW HAIR DESIGNS shall not be liable, and the Customer/User hereby waives any claim, for the remission and / or refund of any payment due to the site not being operational for any period of time.
- Unwanted and non-defective Products may only be returned:
- 1. in the original undamaged packaging, unopened, together with proof of payment;
- 2. within 30 (thirty) days of purchase cost of return is for the Customer’s account;
- 3. cost of return is for the Customer’s account
- 4. an admin/handling fee of 15% is payable by the Customer;
- 5. should the packaging be damaged, a further deduction of 20% shall be made by FLOW HAIR DESIGNS;
- 6. Once the Product has been returned and approved by FLOW HAIR DESIGNS, a credit voucher will be passed on to the Customer that is valid for 6 (six) months.
- Returning incorrect products or products which were delivered by mistake:
- 1. FLOW HAIR DESIGNS must be notified within 2 (two) days and will arrange collection and delivery of the correct Product;
- 2. The Product must be left with its original packaging intact.
- Returning defective and/or damaged Products:
- 1. HAIRWARE must be notified within 2 (two) days and will arrange collection and delivery of a replacement Product;
- 2. Defects and/or damages refer to Products which were delivered in a defective and/or damages state. This does not apply to Products which have been used or used incorrectly, subject to wear and tear, damaged due to electrical surges or corrosion, failure to care for the Products, unauthorised alteration of the Products.
- 3. Should the replacement product be unavailable for any reason, FLOW HAIR DESIGNS will provide the Customer with a credit voucher, valid for 6 (six) months.
- 4. Should it be found that the Product is not actually defective and/or damaged:
- 4.1. A handling fee of 15% will be charged,
- 4.2. No credit will be passed.
- FLOW HAIR DESIGNS will honour the manufacturer and/or wholesaler and/or agent and/or supplier warrantee, should same be applicable, and return or replace the Product in terms thereof.
- DELIVERY POLICY
FLOW HAIR DESIGNS endeavours to adhere to delivery in 3 (three) working days from order, however it must be noted:
- FLOW HAIR DESIGNS cannot be held liable for losses/damages caused by late deliveries;
- FLOW HAIR DESIGNS can unfortunately never guaranteethat deliveries will be on time;
- FLOW HAIR DESIGNS will endeavour to notify the Customer if it expects late delivery should it become aware that delivery will be late.
- Delivery times may vary depending on location
FLOW HAIR DESIGNS chooses its domicilium citandi et executandi for all notices, correspondence or court process at:
Physical address: Shop UR8, The Marc Centre, 129 Rivonia Road, Sandton
Email address: firstname.lastname@example.org
The Customer chooses its domicilium citandi et executandi as the email address it registers with.
JURISDICTION AND GOVERNING LAW
- This Agreement shall be governed by and construed in accordance with the laws of the Republic of South Africa, notwithstanding the location that the User or Customer accesses or uses the website from.
- FLOW HAIR DESIGNS shall nevertheless have the right to institute proceedings in any other competent court which may otherwise have jurisdiction should it choose.
- For the purposes of any legal proceedings herein, the User consents to the jurisdiction of the Magistrates Court otherwise having jurisdiction, under section 28 of the Magistrates Court Act 32 of 1944 as amended, notwithstanding that such proceedings are otherwise beyond the jurisdiction. This clause shall be deemed to constitute the required consent conferring jurisdiction on the said court pursuant to section 45 of the Magistrates Court Act 32 of 1944. Should FLOW HAIR DESIGNS choose, it may institute action in any other competent court including the High Court of South Africa.
- WHOLE AGREEMENT
This Agreement (together with the policies of FLOW HAIR DESIGNS and terms of sale) constitutes the entire Agreement between FLOW HAIR DESIGNS and the User / Customer with regard to the use of the content and this website. In the event that the User wishes to register on the FLOW HAIR DESIGNS website, the terms and conditions of registration and granting of, together with these terms and conditions will constitute the entire Agreement between the FLOW HAIR DESIGNS and Customer or the User (as the case may be) with regard to the use of the content and this website.
If any provision of this Agreement is held to be invalid or unenforceable or contrary to any law for any reason, that provision is fully severable from the remaining provisions of this Agreement. Such invalid or unenforceable parts shall be considered pro non scripto.
- FLOW HAIR DESIGNS reserves the right to amend its website and/or this Agreement or any part(s) thereof. This includes addition and removal of any of the terms and conditions of this Agreement and the features of the website.
- FLOW HAIR DESIGNS may modify its terms and conditions at any time. Modifications will be provided by notice via email to registered Users or by publishing the changes on the website. Nevertheless it is the User’s duty to acquaint itself with the contents of the website’s terms and conditions and be aware that same may change from time to time at the discretion of FLOW HAIR DESIGNS.
- If you do not understand any of the terms and conditions of FLOW HAIR DESIGNS, you are encouraged to contact us and we will gladly be of assistance.