1. ORDERS

1.1 Purchase of products

When you order a product from the our website you are offering to buy it at the price stated, subject to these terms. We will take all reasonable care to ensure that all details, descriptions and prices of products appearing on the website are correct at the time when the relevant information were entered onto the system.

We reserve the right to refuse an order. Non-acceptance of an order may, for example, result from one of the following:

• The product ordered being out of stock.

• Our inability to obtain authorisation of payment.

• The identification of an error within the product information, including price or promotion.

1.2 Prices

Prices displayed on the site are shown in South African Rands, including VAT. Prices are subject to change at any time and may increase or decrease. This is affected by fluctuations in the exchange rate and other factors. 

1.3 Delivery address

1.3.1 We cannot be held responsible for non or late delivery if an incorrect address has been entered while ordering on our website. If you complete your order and then notice that the address details are incorrect, please contact us immediately: cath@lovemyhair.co.za.

1.3.2 Please ensure that you enter the delivery address in full, including the suburb and city (do not put Gauteng as your city). 

1.4 Shipping and Delivery

1.4.1 Orders are shipped from Monday to Thursday, excluding public holidays and business holiday closure periods.

1.4.2 Please allow 2-6 days for delivery by Fastway or The Courier Guy couriers. This is a door to door service.

1.4.3 You are welcome to send your own courier to collect as per shipping times in point 1.4.1, by prior arrangement.

1.4.4 You are also welcome to collect your order by prior arrangement as per the times in point 1.4.1. We are based in the South Peninsula area of Cape Town.

1.5  Order acceptance and cancellation

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept, decline, or limit your order for any reason, whether or not your credit card has been charged. If your credit card has been charged and your order is cancelled, you will receive a refund.

Once an order has been placed, it cannot be cancelled unless the shipment is unavoidably delayed. In this case, we will do our best to cancel the order if requested. 

2. PAYMENT

2.1 Payment options

Love My Hair accepts payment with EFT (Electronic Funds Transfer), Payfast for credit card purchases and Pay Just Now, which allows you to pay over 3 months. Cash payments will only be accepted by prior arrangement and cash on delivery is not possible. Credit card payments are made through Payfast. Payfast is an independent, secure online payment gateway. Your credit card details are not entered onto the Love My Hair website. 

2.2. Custom duties

You may be liable for any customs and import duty, quotas, permits, product restrictions and other local requirements. These charges must be paid by the recipient of the parcel. Customs policies vary widely from country to country. Therefore we suggest that you check the requirements in your country before placing an order. We will not be liable for any custom or import duties.

2.3 Payment window

Orders not paid in full within 48 hours of placing the order will be cancelled, and the order will have to placed again. Any sale discounts that were applicable to the cancelled order will be lost, unless the re-order is placed within the time frame of the sale.

 3. CHANGES IN PRICING

All pricing for our products is subject to change and may increase or decrease. For all of our prices and products, we reserve the right to make adjustments due to changing market conditions, currency fluctuations, product discontinuation, manufacturer price changes, errors in advertisements, and other extenuating circumstances.

 4. SHIPPING POLICY

After your electronic proof of payment is received by us, your order will be marked as ‘in process’. Your order is confirmed once your payment has reflected in the Love My Hair bank account. We aim to ship your order within 24-48 hours of after your order is confirmed. 

Love My Hair only ships orders from Monday to Thursday during office hours.

Once an order has been shipped it is in the hands of the courier service. Love My Hair is not liable for any errors made by this service, although every effort is made to assist with missing/damaged packages.

A shipping charge of R95 applies to orders going to cities and some small towns in South Africa. Delivery to areas in South Africa which the courier company classifies as ‘rural’ will incur a shipping charge of R120. Areas in South Africa which the courier company classifies as ‘extreme rural’ will incur a shipping charge of approximately R460. Areas in South Africa which the courier company classifies as ‘high risk’ will incur an extra charge of approximately R80. Free shipping will apply to orders of R1000 and over, but does not apply to ‘extreme rural’ or ‘high risk’ areas. ‘Extreme rural’ and ‘high risk’ shipping costs do not reflect on the website when making your purchase. Love My Hair reserves the right to notify you of any changes in the shipping cost and will give you the option of either paying in the extra amount, sending to a different address or refunding your order.

 5. ADVERTISING DISCLAIMER AND TRADEMARKS

We attempt to be as accurate as possible with products descriptions and prices. However, we do not warrant that product descriptions or prices are accurate. In the event that a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card has been charged. If your credit card has already been charged for the purchase and your order is cancelled, we shall immediately issue a credit to your credit card account in the amount of the charge. We apologize for any inconvenience this may cause you. If you are not completely satisfied with your purchase, you may return it in accordance with our Return Policy, as set forth below.

 6. RETURN, REFUND & EXCHANGE POLICY

6.1 Return Policy

We want all of our customers to be happy with purchases made at Love My Hair. If you change your mind after receiving your order, you may contact us within 2 weeks of receiving it and we will offer you a store credit or a refund for the item (see refund policy). The purchase price is the amount you paid for the product and does not include any return delivery costs.

Products returned must be unused and the packaging undamaged. We shall have no obligation to accept any return that we receive after the expiration of the applicable return period (2 weeks after receipt of your parcel). Please ensure when returning the parcel that the products are properly protected. If the product arrives at the Love My Hair office in a damaged state, a refund will not be granted.

Love My Hair makes every attempt to provide enough information for the successful use of its products. However, we cannot be liable for results that the customer deems unsatisfactory as the use of the products happens outside our control.

6.2 Exchange policy

If you wish to exchange a product, you will be given a store credit that you will be able to use towards your next order or a refund. Please be aware that any purchases made with store credits are processed as a new order and standard postage costs and delivery times will apply.

Products returned for exchange must be unused and the packaging undamaged.

You are responsible for postage/courier costs of returning the item. We recommend using a courier service to return items, as we are not liable for any items lost in the post.

You are responsible for the courier charge to have the replacement product shipped to you, as per our shipping policy in point no. 4.

6.3 Refund policy

If you change your mind after making payment, and the item you ordered has still not been shipped, you will receive a full refund paid into a selected bank account. If you elected to pay via Payfast, Payjustnow or did a cash deposit, you will receive a refund less the transaction charges.

If you receive the item and you would like to return or exchange it, you will be refunded into a selected bank account, provided the return or exchange meets the requirements of points 6.1 and 6.2.

You will not be refunded for shipping costs.

 

We are Love My Hair, this is our website available at http://love-my-hair.co.za, and these are our legal terms, including our:

• Terms of use – which you agree to by visiting this website;
• Terms of sale – which you agree to by checking a check box when you place an order through this website; and
• Privacy policy – which you agree to by checking a check box when you submit your personal information through this website and apply when you visit this website.

We may change any of these terms at any time by updating this web page.
If you have any questions about our legal terms, please contact us.

 

Terms of use

1. Licence. We grant you a limited licence to use this website.
2. Breach. We may cancel your licence if you breach any of these terms.
3. Framing. You may not frame this website.
4. Capacity. You agree to the terms on the basis that you have the capacity to visit this website.
5. Accurate information. You promise that you will give this website only accurate information.
6. Ownership. We or our third party licensors own all rights in this website.
7. Trade marks. All our trade marks are our property and you may not use them without our permission. All other trade marks are their respective owners’ property.
8. Restrictions. You may not change, hire out, reverse engineer, or copy this website without our permission.
9. Own risk. You use this website at your own risk and we make no warranties about it.
10. Indemnity. You indemnify us against any liability related to your use of this website.
11. Direct damages limited. Our maximum liability to you for all claims for direct damages related to this website is R100.
12. Indirect damages. We will never be responsible for any indirect damages.

Terms of sale

1. Introduction. These terms cover any transactions where we provide goods to you through this website.
2. The parties. We are the vendor under these terms. You are the customer under these terms.
3. Duration. These terms commence when you accept them and continue until terminated.
4. Orders. You place orders with us on the following basis:
   – you promise that you have the legal capacity to enter into the transaction;
   – we only conclude an agreement when we dispatch our goods to you;
   – we may cancel any order, but we will refund any money you have paid if we do;
   – we conclude an agreement where you are domiciled; and
   -each order is a separate agreement, but you breach all of them if you breach one.
5. Goods. We sell the goods to you on the following basis:
   – you will bear the cost and we will choose the way of packaging and delivering the goods unless agreed otherwise;
   – we will do our best to dispatch the goods as soon as possible after you have placed an order, but we are not liable and you may not cancel an order if we do not do so timeously;
   – risks related to the goods pass to you on delivery;
   – ownership in the goods passes to you on payment of the fees in full; and
   – you have the same rights against us as we have against our suppliers in terms of any warranty attached to the goods or imposed by law.
6. Your data. You own all your data. When you enter your data into the system, you give us a licence to use it to provide the goods. We are not responsible for any of your data stored on our system.
7. Intellectual property. We may own intellectual property rights in our goods and you may not use those rights without our permission. We may prosecute you for any violations of our proprietary rights.
8. Disclaimer. We disclaim all warranties to the extent allowed by applicable law. We are not liable for any defect that you cause.
9. Fees and payment. You will pay us the fees on the due date. You may not withhold payment of any amount due to us for any reason.
10. Direct damages limited. We are only liable to you for any direct damages that the goods may cause up to the total amount of fees that you have paid us for them.
11. Indirect damages excluded. We are not liable for any other losses that they may cause you.
12. Breach. Please don’t breach your obligations under this agreement. If you do, we have certain rights against you in terms of the law.
13. Termination. We may need to terminate this agreement immediately under certain unlikely circumstances, including if we discontinue the goods, believe providing the goods could burden or pose a risk to us, have to terminate to comply with a law, or providing the goods has become impractical. If we need to, we will give you as much notice as possible in writing.
14. Resolving disputes. We want to avoid disputes about this agreement and resolve them as quickly as possible. But if there is one, either party may inform the other of it in writing. The parties must first try to negotiate to end the dispute, then enter into mediation if negotiation fails, and finally go to arbitration if mediation fails.
15. Notices and domicile. We want to communicate with you effectively about this agreement. For this reason, the parties will send all notices to each others’ email addresses and choose their respective street addresses as their service addresses for all legal documents, but they may change either address on 14 calendar days written notice to the other.
16. Force majeure. Things may happen that prevent you or us from complying with each of our obligations under this agreement. Neither party is responsible for breach of this agreement caused by circumstances beyond its control, but the other party may cancel the agreement on written notice to the other if the circumstances persist for more than 60 calendar days.
17. Entire agreement. The agreement is the entire agreement between the parties on the subject.
18. Changes. If we change this agreement by updating this web page, any changes will only apply to future orders.
19. Governing law. South African law governs this agreement.
20. Jurisdiction. You consent to the jurisdiction of the Magistrate’s Court.

Privacy policy

1. Purpose. This policy describes the way we handle your personal information.
2. Personal information. Personal information includes information we collect:
   – on submission when you place an order; and
   – automatically when you visit this website.
3. Acceptance. You may not order any of our goods if you do not accept this policy.
4. Collected on submission. We collect your contact details and delivery address when you place an order.
5. Collected automatically. We collect your Internet usage information when you visit this website.
6. Purpose for collection. We may use any of your personal information that you provide to us for the purposes that you indicated when you agreed to provide it to us.
7. Consent to collection. We will get your consent to collect your personal information in accordance with applicable law when you provide us with it.
8. Use. We may use your personal information to fulfil our obligations to you.
9. Sharing. We may share your personal information with third parties for the purposes of fulfilling our obligations to you.
10. Disclosure. We may disclose personal information to third parties if required for legal reasons.
11. Security. Our website is hosted on a secure server and uses security measures to prevent interference by intruders.
12. Retention. We will only retain your personal information for as long as is necessary.
13. Transfer. We may transfer your personal information outside South Africa to a foreign country.
14. Updating or removing. You may choose to update or remove the personal information you have submitted to us by contacting us.