Terms and Conditions

PRIVACY POLICY AND TERMS & CONDITIONS ISSUED AUGUST 2013

Welcome to the “www.dvineskinandbody.co.za” website (the “Website”) Terms and Conditions. D’vine skin and body, “we”, “us” or “our”) provides the services available on the Website. Your use of this Website is governed by these Terms and Conditions set out below. By using any part of this Website, completing your customer registration with us and/or placing an order on the Website you agree to be bound by the Terms and Conditions. These terms and conditions are applicable to the supply of products sold by “D’vine skin and body”, hereafter referred to as “the Seller”, as to the buyer hereafter referred to as the “Customer.”

These Terms and Conditions and your use of the website are governed by South African Law and you agree to submit the non-exclusive jurisdiction of the South Africa Court. This does not affect your non-excludable statutory rights.

USE OF THE WEBSITE

ABOUT D’VINE SKIN AND BODY
D’vine skin and body the stockist of the goods, specifically QMS Medicosmetics, Lamelle, Optiphi,Skinny Green Coffee and our address is 99 Jip de jager, The vineyards office estate, Cinsaut house, Welgemoed,Cape town, South Africa. Company registration number: 2004/0602/2023. VAT registration number: 4760215600

You may only use this site to browse the content, make legitimate purchase of services and shall not use this site for any other purposes, including without limitation, to make any speculative, false or fraudulent purchase of service. This site and the content provided in this site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed. ‘Deep-linking’, ’embedding’ or using analogous technology is strictly prohibited. Unauthorized use of this site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws

ELIGIBILITY

To be eligible to purchase goods on this Website and to lawfully enter into and form contracts on this Website under South African law you must:
a. be aged 18 or older; and
b. register to use the Website; and
c. be the holder of a valid debit/credit card.
You warrant that the personal information which you are required to provide when you register as a customer is true, accurate and current in all respects. If your personal information changes then please notify us by contacting D’vine skin and body on the following number (open 9.00am to 5.00pm, Monday to Friday)      021 913 0897 or online@dvines.co.za You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.

PRIVACY

Please review our Privacy Policy [See clause 10], which explains our use of information you provide via the Website, so that you may understand our privacy practices.

LANGUAGE

This contract shall be concluded in English.

  1. PRICE

1.1. All prices are quoted in South African Rand (ZAR) and are inclusive of VAT (as may be prescribed by law from time to time), unless otherwise specified.
1.2. Postage and packing prices for delivery within South Africa will incur a charge as displayed on final online invoice. Prices quoted on Website are all inclusive unless otherwise stated. At this stage any delivery outside of South Africa will be quoted separately and will not been transacted as part of the Website.

  1. PAYMENT
    2.1. Online payment will be provided in a secure environment hosted by Payfast. Payments must be made in South African Rand and by one of the following credit card payment methods, Mastercard, Visa.
  2. DISCLAIMER OF WARRANTY
    The contents of this site are provided “as is” without warranty of any kind, either expressed or implied, including but not limited to warranties of merchantability, fitness for a purpose and non-infringement. The owner of this site, the authors of these contents and in general anybody connected to this site in any way, from now on collectively called “Providers”, assume no responsibility for errors or omissions in these contents. The Providers further do not warrant, guarantee or make any representation regarding the safety, reliability, accuracy, correctness or completeness of these contents. The Providers shall not be liable for any direct, indirect, general, special, incidental or consequential damages (including -without limitation- data loss, lost revenues and lost profit) which may result from the inability to use or the correct or incorrect use, abuse, or misuse of these contents, even if the Providers have been informed of the possibilities of such damages. The Providers cannot assume any obligation or responsibility. The use of these contents is forbidden in those places where the law does not allow this disclaimer to take full effect.
  3. PASSING OF PROPERTY
    D’vine skin and body shall retain ownership of the goods until full payment has been made by the customer and the funds have been cleared.
  4. PASSING OF RISK
    The risk in the goods shall pass to the Customer on delivery, as defined in clause 6.3 below.
  5. DELIVERY
    6.1. We will deliver the goods in accordance with the delivery option selected by you during the order process and only within South Africa borders.
    6.2. Any delivery timescales quoted to you are indicative only. D’vine skin and body bears no risk once an order has left its trading premises.
    6.3. Where goods have been received damaged, a refund/exchange application will only be acknowledged if the goods are returned together with their original packaging within 7 days of receipt to: D’vine skin and body, 99 Jip de jager, The vineyards office estate, Cincaut house,Welgemoed. Where the goods are signed for, the customer bears the risk once the goods are signed for. If a customer believes that a parcel has been tampered with, it is their responsibility to refuse to sign for the goods.
  6. ACCEPTANCE
    The Customer shall inspect the goods within a reasonable time after their receipt and shall be deemed to have accepted the goods unless within 7 days after their receipt the Customer shall have notified the seller that the goods are rejected. (This does not however affect the customer’s statutory rights). If no such action has been taken, D’vine skin and body shall consider the products being as described, of satisfactory quality and fit for their purposes, and may not accept any reject at a later date.
  7. RETURN PROCEDURE
    8.1. If the goods are to be rejected in the time limit set in clause 7 above, the Customer shall comply with the return procedure as defined in clause 8.2, below. D’vine skin and body will not accept any returned goods should the return not follow the aforementioned return procedure.

8.2. Subject to s56 of the Consumer Protection Act No. 68 of 2008, (“the CPA”), if You have received a product from Us and found that the container (either plastic or glass), is defective or leaking, or if the pump or nozzle mechanism is defective, please contact us on 021 913 0897 within ten (10) days of purchase and we will gladly collect the product at Our own expense and provide You with a refund, replacement or store credit

8.3 Some products (such as many anti-ageing creams) sold on the website contain active ingredients. Many of these products can cause a transient, mild irritation of the skin upon initial use thereof. We thus recommend using these products not more than three times per week initially and then gradually increasing to daily use. If You have developed a more severe reaction to any of these products supplied by Us, please contact us on 021 913 0897 and an experienced Skin care therapist, will endeavour to resolve any adverse reactions. Refunds on creams causing an adverse reaction will be judged on an individual basis.

8.4. In cases where the rejection is due to an incorrect order from the Customer or to dissatisfaction, the Customer is entitled to a partial refund (full refund less postage, where standard post & packaging will be charged at R85.00) only. Goods must be returned to D’vine skin and body before the partial refund can be issued. When returning items you are strongly advised to obtain proof of posting. We cannot accept responsibility for parcels lost in transit.

 

 

8.5. Upon your order having left our premises (ie. has been shipped) if You no longer want the product(s) You have ordered, you may return it to our physical address within 5 days at Your own expense. If the product is unopened and the original packaging is still intact, We will provide You with a D’vine skin and body credit. We do not provide monetary refunds in these circumstances.

 

8.6. Subject to Section 56 of the CPA, the above clauses in paragraph 8 are subject to the following reasonable guidelines:

8.6.1. Products must have been purchased directly from Us. We cannot accept returns of products purchased from other retail outlets. Please return those to the store where purchased.
8.6.2. Products must be returned within 30 days of order date.
8.6.3. Please include a copy of your receipt (or a note with your order #, name, email address and phone number) and your reason for returning the product(s).
8.6.4. We cannot accept returns or issue refunds on used products.
8.6.5. Original shipping and handling charges are non-refundable (if applicable).
8.6.6. Products specified as non-returnable or not for resale cannot be returned.

 

  1. CANCELLATIONS
    9.1. Cancellations are only accepted if the Customer complies with the following cancellation procedure and before the order has been dispatched. If the order has been dispatched prior to the cancellation, the return procedure as defined in clause 8.2 above will apply. If the procedure is not respected, the order will be considered valid and the Customer will remain liable for the full payment.
    9.2. Cancellations can be made with D’vine skin and body on 021 9130897 or email online@dvines.co.za. If the goods have already been dispatched, D’vine skin and body cannot refund any monies spent on postage & packaging. (clause 8.2 & 8.5)
  2. PRIVACY POLICY
    Any information passed through to D’vine skin and body is managed in accordance with South African law and is passed through a secure connection on the internet using Secure Socket Layer technology at 128bit encryption (where browsers will allow). If a customer wishes for their information to be removed from our database, this should be requested in writing to D’vine skin and body, 99 jip de jager, the vineyards office estate, cincaut house,Welgemoed. Email online@dvines.co.za. Please note, credit card details are not retained. The only information stored is a customer’s transaction history, name, address & e-mail address.
  3. ACCURACY OF INFORMATION
    We attempt to be as accurate as possible when describing products on the Website; however, to the extent permitted by applicable law, we do not warrant that product descriptions, colours or other content available on the Website are accurate, complete, reliable, current, or error-free.
  4. INTELLECTUAL PROPERTY
    All content available on the Website, including, but not limited to, text, graphics, logos, images, and data compilations, and the compilation thereof (the “Content”) is the property of QMS Medicosmetics,Optiphi, Lamelle, Skin689, Skinny Green Coffee , our affiliates, our partners or our licensors, and is protected by international copyright laws.
  5. INTERNATIONAL CUSTOMER
    Customers from outside South Africa must contact online@dvines.co.za to make alternate arrangements for product ordering & delivery as additional costs will apply. All other terms and conditions apply.
  6. LAW
    These terms and conditions are governed and shall be interpreted in accordance with South African Law. Any person attempting to make fraudulent credit card transactions will be prosecuted with no exception.
  7. COMPLAINTS
    If you wish to complain about any matter in respect of the goods please contact Customer Services on the following number (open 9.00am – 5.00pm, Monday to Friday) 021 913 0897 or email online@dvines.co.za.
  8. THIRD PARTY LINKS
    D’vine skin and body will not be responsible nor liable for your use of any other websites which may be accessed via links within this website. D’vine skin and body does not control these websites and is not responsible for their content. Any such links are provided merely as a service to users of this website and their inclusion in this website does not constitute an endorsement by or affiliation with D’vine skin and body.
  9. GENERAL
    17.1. While D’vine skin and body uses reasonable endeavours to ensure that the information on this website is accurate and up to date, it does not give any warranty as to its accuracy or completeness and D’vine skin and body will not be responsible for any errors or omissions or for the results arising from the use of such information.
    17.2. While D’vine skin and body takes all reasonable steps to ensure a fast and reliable service, it does not guarantee that your use of this website will be interruption or error free and will not be responsible for any disruption, loss of or corruption of any material in transit, or loss of or corruption of material or data when downloaded onto any computer system.
    17.3. The entire liability of D’vine skin and body, under or in connection with any contract for any products to which these conditions apply shall not exceed the price of the products, except as expressly provided in these conditions.

Company Registration Number: 2004/0602/2023
VAT Registration Number 4760215600

Company Directors: Heidi Derbyshire and Liezel Brits