Terms of Sale
“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 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 indiGlow (Pty) Ltd (registration number 2016/136526/07 and of 3 Aylesbury Road, Bellville 7530, Cape Town).
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. For Goods purchased online, Buyer shall pay the purchase price in advance of delivery. For Goods or Services purchased in-store, Buyer shall pay the purchase price on delivery. 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.
Delivery of Goods Purchased Online
We offer free delivery within South Africa for Orders of R500 (including VAT) or more. For Orders below R500 (including VAT), a R90 delivery fee will be charged.
Orders will be processed and dispatched subject to receipt of payment and delivery address details being correct. Please allow 1-5 working days for delivery. While we are firmly committed to arranging delivery within estimated delivery times, we are unable to guarantee that all Orders will be delivered within the stipulated time frame.
We arrange delivery through a third party courier company to the physical address registered against your account or provided during the ordering process. 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 are not available to take delivery of your Order, the courier company will contact you or leave a note at your delivery address for you to contact them to arrange a further delivery attempt. Failing delivery at the second attempt, the Order will be returned to us and we will cancel your Order and refund to you the purchase price already paid less a reasonable administration fee including any delivery charges incurred by us in attempting to deliver your Order and in retreiving your Order. 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 with a neighbour, this will be at your risk.
If we are unable to contact you, despite all reasonable attempts to do so, using the contact details and/or physical delivery address that you provided during the ordering process, we reserve the right to cancel your Order and refund to you the purchase price already paid less a reasonable administration fee including any delivery charges incurred by us in attempting to deliver your Order and in retreiving your Order.
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). Please note that it may not be possible for us to deliver to some locations. If this is the case, we will inform you using the contact details that you provide to us when you make your Order and will arrange for cancellation of the Order or delivery to a different delivery address.
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. You further acknowledge that the delivery of your Order may be impacted by events beyond our control, such as adverse weather conditions, industrial action or an inability to secure labour, power, internet services, materials or supplies.
We deliver products in standard packaging. You understand and accept that the packaging of the products offered on our website may be different from the packaging of the product that is delivered to you. 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.
Many of the Goods come with a manufacturer’s guarantee provided with the Goods. Any such manufacturer’s guarantee is in addition to Buyer’s legal rights in relation to Goods that are damaged, defective or do not match the Order. Seller warrants that (a) on delivery and for a period of 28 (twenty eight) days after delivery, the Goods shall be free from material defects; 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, accident or negligence by Buyer or any third party.
Warranty on Electrical Items
All of our electrical items come with our 6 (six) month repair warranty or a longer warranty from the product manufacturer. For replacements or repairs after the 6 (six) month period, please contact the product manufacturer directly to take advantage of any extended warranty that may apply.
We offer a 28 day, no questions asked product return offer.
When you receive your Order, it is important that you check to make sure that the items you have purchased are not damaged or defective and are in good condition. You should let us know immediately if there is a problem with your Order.
We do our best to make sure that all of our products are of the highest possible quality and any representations on our website include a detailed description and image. However, if you are not satisfied with any item you have purchased, for any reason, you may return it to us within 28 days and we will either exchange or replace it or provide a full refund. Exchanges and replacements are provided subject to stock availability. Refunds are issued to the credit card used for the original purchase or are made in cash.
To be eligible for a return a product must be unopened, unused, in its original packaging and in a condition suitable for resale. Please note that we cannot accept returns of the following products (unless they are defective or do not match your Order):
- Any product without its original packaging or which has been opened or had its security seal (if any) broken.
- Any product which has been used or damaged such that it is unsaleable.
- Cosmetics, body jewellery, earrings, piercing tools, manicure and pedicure tools.
- Hair extensions, hair pieces, hair brushes and combs, clipper and other blades and scissors.
Items Purchased on our Website
For items purchased on our website, please submit details of the item you wish to return together with a copy of your invoice to firstname.lastname@example.org within 28 (twenty eight) days of purchase.
If the product is being returned because it was damaged or defective on delivery or it does not match the Order, we will arrange to collect the item and deliver the correct item as soon as possible. This will be at no cost to you.
If the product is being returned for any other reason, you may return the product but you will need to cover the cost of return delivery yourself. We will contact you to advise you where you can send your return. You will need to courier the returned product to us together with a copy of your invoice. You should package your return to ensure no damage is caused to the product upon return delivery. You should retain your courier tracking number as we will be unable to process the return without proof of delivery. In some cases you may be able to return the products to one of our stores but we will advise you of this if this option is available to you.
Items Purchased In-Store
For items purchased in-store, please return the product to the store of purchase within 28 (twenty eight) days of purchase. You will need to present your invoice/till slip in-store.
Where a product 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’s sole remedy for Seller’s breach of the Agreement or of any express or implied warranty in relation to the Goods or Services shall be replacement or repair, credit or a full refund.
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.
Seller shall have the right at any time to terminate an Order and/or the Agreement by giving written notice to the Buyer forthwith for any reason whatsoever including without limitation (a) if Buyer commits a material breach of the Agreement; or (b) if Buyer becomes insolvent or bankrupt or enters into liquidation or any order or decision or proceeding to that effect is made or taken or commenced; or (c) if Buyer makes an arrangement or composition with its creditors; or (d) if Buyer has a receiver or manager, administrator or administrative receiver appointed in respect of its undertaking or any part thereof; or (e) due to stock unavailability. Termination shall be without prejudice to any rights or remedies of the parties accrued prior to termination.
The intellectual property rights in the Goods are Seller’s (or its licensor’s) property. Nothing in the Agreement shall be construed as conferring any license or granting any rights in favour of Buyer in relation to such intellectual property rights. Any reputation in any trade marks affixed or applied to the Goods shall accrue to the sole benefit of Seller or any other owner of the trade marks from time to time. Buyer shall not remove any copyright notices, confidential or proprietary legends or identification from the Goods. Buyer shall not use or seek to register any trade mark or trade name (including any company name) which is identical to, confusingly similar to or incorporates any trade mark or trade name which the Seller or any associated company of Seller owns or claims rights in anywhere in the world.
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). Buyer agrees that Seller may pass its personal information to credit reference agencies and may keep a record of any search results. Seller will not give Buyer’s personal data to any other third party.
Delay in Seller’s performance or failure of Seller to perform hereunder shall be excused to the extent caused by circumstances beyond its reasonable control (including without limitation acts of God, lock-outs, strikes or other labour disputes, fire, explosion, flood, epidemic, governmental actions or war) provided that such circumstances are not the result of Seller’s failure to exercise due diligence.
Whole Agreement; No Amendment
The Agreement (and any document referred to herein) shall constitute the whole agreement between the parties relating to the subject matter thereof to the exclusion of all other terms and conditions issued by either party. No variation of the Agreement shall be effective unless it is in writing and signed by or on behalf of the parties.
Nothing in the Agreement is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between the parties nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, the other party in any way.
Provisions which expressly or impliedly have effect after termination shall continue to be enforceable notwithstanding termination of the Agreement for any reason.
Rights of Third Parties
A person who is not a party to the Agreement shall not have any rights under or in connection with it.
Buyer shall not, without the prior written consent of Seller, assign, transfer or delegate any of its rights or obligations under the Agreement or purport to do any of the same.
Governing Law and Jurisdiction
The Agreement and all disputes and matters arising from or relating thereto shall be governed by South African law and the parties irrevocably submit to the exclusive jurisdiction of the High Court of South Africa. Notwithstanding the aforesaid, the Seller shall be entitled to take proceedings in any other court of competent jurisdiction.
A waiver of any right or remedy under the Agreement is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. No failure or delay by a party to exercise any right or remedy provided under the Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
Any notice or other communication given to a party under or in connection with the Agreement shall be in writing, addressed to that party at its registered office or other address as that party may have specified in writing in accordance with this clause, and shall be delivered personally or sent by pre-paid first-class post, recorded delivery or commercial courier. A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to above; if sent by pre-paid first-class post or recorded delivery, at 9.00 am on the second business day after posting; or if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
If any court or competent authority finds that any provision of the Agreement (or part of any provision) is invalid, illegal or unenforceable, that provision or part thereof shall, to the extent required, be deemed to be deleted and the validity and enforceability of the other provisions of the Agreement shall not be affected. If any invalid, unenforceable or illegal provision of the Agreement would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.