Terms and Conditions
“Agreement” means the agreement between Seller and Buyer for the sale of Goods or the provision of Services, which shall be governed by these Terms of Sale. “Order” means the written, verbal or telephonic order for Goods or Services, which shall form part of the Agreement. “Buyer”, “Goods” and “Services” shall mean the buyer, goods and services as specified in the Order. “Seller” is Irresistible Cosmetics (Pty)Ltd
Application of these Terms of Sale
Each Order shall be deemed to be an offer by Buyer and shall become binding on the parties and be governed by these Terms of Sale only once accepted by Seller. Buyer should read these Terms of Sale carefully. Seller may revise these Terms of Sale from time to time.
Representations of Goods
The images of the Goods on Seller’s website or other sales literature are for illustrative purposes only. Seller cannot guarantee that the dimensions or colour or packaging of the Goods will be accurately reflected. We shall take all reasonable efforts to accurately reflect the Goods and the applicable purchase price and delivery charges on the website. However, should there be any errors of whatsoever nature on the website we shall not be liable to fulfil an Order based on any error.
Price and Payment
The price of the Goods or Services shall be the Seller’s list price from time to time. Unless otherwise agreed in writing by Seller, Buyer shall pay the purchase price in advance of delivery of the Goods or Services. Without prejudice to any other right or remedy, Seller reserves the right to set off any amount due, owing and payable at any time from Buyer to Seller against any amount due, owing and payable by Seller to Buyer. Buyer shall not be entitled to assert any credit, set-off, counterclaim or withholding against Seller, whether in whole or in part. The time for payment shall be of the essence and no payment shall be deemed to have been made until Seller has received payment in cleared funds.
Products purchased from us can be delivered to the physical address registered against your account. Orders will be processed and dispatched subject to receipt of payment and delivery address details being correct. Delivery will be made between 8am and 5pm during weekdays only. No deliveries are made on weekends or public holidays. Please allow 1-15 working days for delivery. You will be required to sign for delivery and you may be asked to provide a valid form of identification when your Order is delivered. If you provide us or the courier company with unique delivery instructions, for example, for your Order to be left with security at your building or or with a neighbour, this will be at your risk. If you are not available to take delivery of your Order, the Order will be returned to us and we will charge you a delivery fee of R100.00. A Customer Service Representative will call you to discuss the situation and you will then need to make payment in advance of any further delivery attempt, which will be in our sole and absolute discretion. If we are unable to contact you, despite all reasonable attempts to do so, we reserve the right to cancel your Order and refund to you the purchase price already paid less our reasonable administration charges including the costs incurred in attempting to deliver your Order or arranging for the return of your Order.
Please note: shipping times are a guideline, and subject to change based on order volume, promotional periods, wild weather, or other delivery issues unforeseen or unavoidable events beyond Irresistible Cosmetics reasonable control.
Liability for Delivery
We are not liable for any incorrect Order or delivery where you make an error in the information that you provide to us (for example, if you provide the incorrect delivery address or submit an incorrect Order). While we try to ensure a smooth delivery process, if we are unable to meet the estimated delivery timeframes, you accept and agree that we will not be liable for any losses, liabilities, costs, damages, charges or expenses arising out of the late delivery of your Order. All risk in the products will pass to you upon delivery. From the time when the risk passes to you, we will not be liable for any loss or destruction of the products.
Seller warrants that (a) the Goods shall be free from material defects at the time of delivery; and (b) any Services will be rendered to the highest standards of quality and workmanship. All other warranties or conditions (whether express or implied) as to quality, condition, description, compliance with sample or fitness for purpose (whether statutory or otherwise) other than those expressly set out in the Agreement are excluded from the Agreement to the fullest extent permitted by law. The warranty given by Seller does not apply to damage or defects arising from fair wear and tear, wilful damage, abnormal storage conditions or accident or negligence by Buyer or any third party.
Where an item was purchased as part of a promotion together with other qualifying products, the promotional item must be returned with the merchandise it was offered with in order for an exchange, replacement or refund to be processed. As such, this type of promotional item is not returnable by itself.
Limitation of Liability
In no circumstances whatsoever shall the liability of Seller under the Agreement exceed the purchase price of the Goods to which the claim relates. Seller shall not be liable for any indirect, special or consequential loss or damage, any loss of equipment or property, economic loss or damage, loss or damage of any nature whatsoever suffered by third parties (including in each case incidental and punitive damages) or any loss of actual or anticipated profit, interest, revenue, anticipated savings or business or damage to goodwill, even if Seller is advised in advance of the possibility of any such losses or damages.
Buyer hereby indemnifies Seller, its affiliates and its and their directors, officers, employees, agents and contractors in full against all claims, losses, liabilities, damages and expenses (including legal and other professional fees and expenses) arising as a result of or in connection with Buyer’s purchase, use or resale of the Goods.
Buyer shall keep in strict confidence and shall not disclose to any third party the terms of the Agreement including the purchase price of the Goods.
Seller will use Buyer’s personal information to provide Goods and/or Services, to process payment for Goods and/or Services and to inform Buyer about similar goods or services sold by Seller (Buyer may contact Seller at any time to opt out of these communications). Seller will not give Buyer’s personal data to any other third party.
Irresistible Cosmetics collects information from you when you when you place an order or subscribe to our newsletter. When ordering or registering on our site, as appropriate, you may be asked to enter your: first and last name, e-mail address, mailing address, phone number or credit card information.
When you place your order, we need to know your first and last name, e-mail address, mailing address, telephone number. This allows us to process and fulfill your order and to notify you of your order status. We monitor customer traffic patterns and site usage to help us develop the design and layout of the website.
We may also use the information that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Irresistible Cosmetics also collects potentially personally-identifying information like Internet Protocol (IP) addresses. We only discloses logged in user IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below, except that IP addresses are visible and disclosed to the administrators of Irresistible Cosmetics.