| Website Terms and Conditions of Use Relating to www.shopweleda.co.za; Artisan Luxe (Pty) Ltd |
| 1. Overview – Welcome to the ShopWeleda website at www.shopweleda.co.za. Please take a moment to read these Terms and Conditions (collectively called “Terms”) carefully to understand how they apply to your use of our website, and any products or services that you may purchase online. The website is hosted and managed within the Republic of South Africa and is therefore subject to all legislation applicable in that jurisdiction. All purchases made from this website are subject to the Terms contained in this agreement, to the exclusion of all other terms and conditions. |
| 1.1 The ShopWeleda website at www.shopweleda.co.za is owned and operated by Artisan Luxe (Pty) Ltd, a company registered in the Republic of South Africa under company registration number 2017/181379/07, which has its registered office at Woodstock Exchange A210, 66 Albert Road, Woodstock, Cape Town, 7915. |
| 2. Updating of These Terms – We may periodically change the Terms, without notice, so kindly check them from time to time as your continued use of the website, signifies your acceptance of any changed Terms. |
| 3. Electronic Communications – In terms of Section 11 of the Electronic Communications and Transactions (ECT) Act, No. 25 of 2002 and the common law of contract, these terms and conditions are valid, binding and enforceable against all persons that access the ShopWeleda website, web pages or any part thereof. Your use of this website indicates your acceptance of these Terms, and your agreement to follow, and be bound by them. |
| 3.1. Do not use the website if you do not agree to be bound by these Terms. |
| 4. Usage of shopweleda.co.za – You are welcome to use our website for your personal, non-commercial shopping and information purposes only. No other use is permitted without our prior written consent. The unauthorised use, copying, reproduction, variation, modification or distribution of the content of this website, the uploading of any harmful information or malicious software or the creation of any links to our website from any other site whatsoever is strictly prohibited. You agree to indemnify us against any loss, damage, harm, claim or any other cost whatsoever that we may sustain as a result of your use of our website and/or its contents contrary to these Terms. |
| 4.1 Use of our website outside South Africa – Customers who do not reside in South Africa are welcome to use our website, in accordance with these Terms, to make online purchases, provided that the delivery address is in South Africa. |
| 5. Marketing – Receiving of our newsletter or other marketing material. You can opt out of receiving such material at any time, however It may take up to a month for your user profile to be updated. |
| 6. Privacy Policy – We respect your privacy at ShopWeleda, and will take all reasonable measures to protect it, and will implement and operate all reasonable information security controls in order to protect and preserve the confidentiality, integrity and accessibility of all personal information and the risks relating thereto. |
| We will not disclose, sell or rent your personal information to third parties without your consent, unless we are compelled to do so by law. And in the event that you: |
| 6.1 Register as a user on shopweleda.co.za, and/or sign up to receive newsletters and/or marketing information, ShopWeleda may require you to provide certain personally identifiable information, such as your Name and Surname, credit card details, email address, physical address, date of birth, and mobile telephone number (collectively referred to as “Personal Information”); |
| 6.2 Supply your Personal Information to ShopWeleda in terms of clause 5.1 or for any other reason whatsoever, you expressly agree and acknowledge that ShopWeleda may: |
| 6.2.1 Provide you with access to your Personal Information to view and/or update your details; |
| 6.2.2 Take appropriate measures to ensure that your Personal Information remains secure, and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access; |
| 6.2.3 Notify you timeously if it becomes aware of any unauthorised use, disclosure or processing of your Personal Information; |
| 6.2.4 Provide you with reasonable evidence of its compliance with its obligations under this privacy policy; and |
| 6.2.5 If you request the prompt return or destruction of all your Personal Information in its possession. |
| 6.3 Please be aware that: |
| 6.3.1 ShopWeleda does not and will not knowingly collect, maintain, disclose or otherwise process Personal Information from minors below the age of 18, without the permission of such minor’s parents, or legal guardians. |
| 6.4 ShopWeleda uses cookies to identify your computer device when connecting to our website,and to collect data on your use thereof in order to optimise your website experience. And we may collect personal data and/or information from third party platforms, like Facebook, Instagram and Google; when you access our ShopWeleda accounts. |
| 6.5 ShopWeleda will: |
| 6.5.1 treat Your Personal Information as strictly confidential; |
| 6.5.2 automatically collect and store certain information in its server logs, such as web clicks, internet protocol addresses, device event information, cookies which may uniquely identify your browser or your account with ShopWeleda; |
| 6.5.3 not retain Your Personal Information for a longer period than originally needed, unless required by law to do so, or your consent to the retention thereof for a longer period. |
| 6.6 Your Personal Information will be collected, processed and/or disclosed for the following purposes: |
| 6.6.1 to process your payments for purchases, to provide you with an order status, deal with your enquiries, and assess and handle any complaints; |
| 6.6.2 to develop and improve ShopWeleda services, communication and website functionality; |
| 6.6.3 to manage any requirements regarding your participation in any competitions or promotions; |
| 6.6.4 to communicate information to you, and to manage your registration and/or subscription to newsletters or other communication; |
| 6.6.5 to authenticate your identity when making contact with ShopWeleda telephonically, or by electronic means; |
| 6.6.6 to understand and assess the changing needs of consumers, to improve the Website, and further develop our offering; |
| 6.6.7 to provide you with personalised products, communications and/or targeted advertising, including without limitation, product recommendations and/or invitations to events; |
| 6.6.8 to perform a contract to which you are, or will be a party ,and/or where ShopWeleda has a legal obligation to collect, process and/or disclose your Personal Information. |
| 6.7 ShopWeleda will share and/or transfer your Personal Information to third parties when: |
| 6.7.1 You have consented to the disclosure; |
| 6.7.2 it is required in order to provide the services, which you have requested and/or in order to comply with a law or court order; |
| 6.7.3 it is necessary to: |
| 6.7.3.1 enforce and/or apply the terms and conditions of an agreement, which ShopWeleda may have entered into with a merchant and/or other third party; |
| 6.7.3.2 protect the rights, property or safety of ShopWeleda, its employees, users and/or customers. |
| 6.8 You have the right to lodge a complaint regarding any collection, processing and/or collection of Your Personal Information to the Information Regulator, the contact details of which are as follows: inforeg@justice.gov.za |
| 6.9 ShopWeleda cannot be held responsible for security breaches occurring on the User’s electronic device (Personal Computer or other electronic device used to browse the Website), which may result due to the lack of adequate virus protection software or spyware that the User may inadvertently have installed on his/her device |
| Although we take all reasonable efforts to ensure that your personal information is protected, as it travels over the internet, Shop Weleda cannot guarantee the absolute security of any information you transmit to us, or we transmit to you. |
| 7. Accuracy of Website Content – We take all reasonable steps to ensure that the information on our website is accurate and up-to-date. However, we do not warrant that the content or information displayed is always accurate, and/or current. |
| 8. Your Feedback – we value your feedback, ideas and suggestions (“your Feedback”) via our website. Once we receive your feedback it will become the property of ShopWeleda, and we will not be limited in any way to its use, commercial or otherwise. We will not respond to, maintain or compensate you in any way for your Feedback. |
| 8.1 You warrant that your Feedback does not or will not violate the rights of any third party, including copyright, trademark, privacy or any other personal or proprietary right. You agree not to disclose, submit or offer any Feedback that is or contains any defamatory, unlawful, abusive or obscene material. We disclaim any liability towards any third party regarding your Feedback and you shall remain accountable towards any third party regarding any harm caused by your Feedback. |
| 9. Intellectual Property – All Intellectual Property rights (including copyright, trade mark and other intellectual property rights) present in any logos, text, images, video or other material on this website are owned by, or licensed to us. ShopWeleda grants you permission to view, print or store electronically a copy of any information on our website, for the sole purpose of browsing our site and placing an order, for your personal use only.. Any unauthourised use of material on this website, including reproduction for purposes other than noted above, modification and/or distribution is strictly prohibited and constitutes an unlawful infringement of ShopWeleda’s intellectual property rights. |
| 9.1 Use of our logos,content and images –You are not permitted to use any content off our website, our logos, or images that appear on our website without ShopWeleda’s prior written consent. Any unauthorised use, reproduction, modification and/or distribution is strictly prohibited and constitutes an infringement of ShopWeleda’s, or our licensors’ intellectual property rights. |
| 9.2 Advertising and Hyperlinks – External hyperlinks may be provided on our website from time to time. You shall not interpret such hyperlinking as constituting any relationship between ShopWeleda and any linked third party, or any endorsement by ShopWeleda of such third party.The use of or reliance on any information contained in such material is entirely at your own risk. |
| 10. Disclaimers and Exclusions of Liability |
| 10.1 Website – You expressly agree that the use of our website, or the Internet is entirely at your own risk. The website and its contents are provided on an “as is” and “as available” basis, and ShopWeleda makes no representations or warranties of any kind, whether express or implied, including without limitation with respect to the website, its contents, the accuracy thereof, or any warranties or representations regarding the effectiveness of any security or encryption protocols, or with regard to the availability of products, and/or delivery arrangements. |
| ShopWeleda does not warrant that the functionionality of our website will be uninterrupted or error-free, or that the website or server that makes it available, is free from viruses or other harmful programs. |
| 10.2. Content Errors – ShopWeleda disclaims all representations and warranties, including but not limited to warranties as to the availability, accuracy or content of information, products or services, and warranties of merchantability or fitness for a particular purpose of information, goods or services. |
| 10.3. Exclusion of Liability |
| 10.3.1 Save as expressly set out herein, ShopWeleda shall under no circumstances whatsoever be liable to you, including without limitation, as a result of, or in connection with ShopWeleda’s negligent acts or omissions, or those of its employees, agents or designees or other persons for whom in law they may be liable for any direct, indirect, incidental, special or consequential loss or damage of any kind whatsoever, or howsoever caused, sustained by you, the recipient of the products or services, or any other person arising from or as a result of any sale concluded in terms of this Agreement, the delivery, non-delivery, incorrect, erroneous or late delivery, the use, possession or consumption of the information, goods or services. |
| 10.3.2 ShopWeleda (including its owner(s), directors, employees, designees, agents, representatives, affiliates and suppliers) shall not be liable for any loss or damage (whether direct, indirect or consequential) or expense of any nature whatsoever, which may be suffered as a result of use of, or reliance on the website (including any information contained thereon) or the Internet. ShopWeleda is hereby indemnified and shall be kept fully indemnified from, and against any loss or damage suffered or liability incurred, including without limitation in respect of any claim or demand by any third party by reason of any act or omission on your part or that of any family member, agent or representative acting on your behalf in connection with transactions concluded on the site and/or in terms of this Agreement and/or in relation to receipt of goods or services supplied by ShopWeleda pursuant to any such order. |
| 10.3.3 Notwithstanding any other provisions contained herein, ShopWeleda’s liability whether in contract or delict arising from any breach of any obligation in terms of this Agreement, negligence or otherwise, shall not exceed at any time more than double the monetary value of the order, in respect of which any such dispute or claim arises, and shall not include any loss of income or profit, or any future or consequential damages. |
| 10.3.4 On delivery, the person accepting delivery shall be required to sign and print his/her name as against a duplicate copy of the delivery note, to confirm receipt of the delivery. ShopWeleda has outsourced all delivery and collection arrangements. Accordingly, ShopWeleda shall not be liable for any damage suffered or loss incurred by reason of any acts or omissions of the deliverer, it’s owner, employees, sub-contractors, agents, representatives and/or affiliates. |
| 10.3.5 The above clauses do not constitute prohibited terms or conditions according to Section 51 of the Consumer Protection Act, No. 68 of 2008 and by continuing with this agreement the consumer thereby formally acknowledges these Terms and accepts them as part of the whole agreement. |
| Any indulgence or extension of time granted to you shall not be construed as a waiver or variation of any of our rights or remedies in these Terms or Law. |
| 11. Online Shopping |
| 11.1 Ordering – You are required to register with us before placing your first order online. Please click on Register to complete the registration form. Registration and/or use of our online shopping website constitute your acceptance and agreement to be bound by the Terms of our website. |
| 11.2 Online Registration – To register you will be required to provide certain information including personal details, and your delivery address. When registering with us you will be required to provide an email address and password. Please keep your password safe, as ShopWeleda does not accept any liability for damages or losses incurred from the use, or misuse, of your password. You will be required to enter your email address and password each time you visit our online website.You are able to amend any registration details, on the “My Account” menu. |
| 11.3 Product Availability – All products displayed on our website are subject to availability, and will only be delivered within the Republic of South Africa. All prices on our website are quoted in South African Rands(ZAR) and are valid only in the Republic of South Africa. We reserve the right to discontinue or change the specifications of our products and/or services from time to time without notice. We will inform you timeously if any products or services ordered by you are not available. |
| 11.4 Colours – Every effort has been made to display as accurately as possible the colours of the products that appear on our website. Unfortunately, the colour of the products may vary slightly depending on your computer monitor. Therefore ShopWeleda cannot guarantee that your device’s display of any colour would be accurate. |
| 11.5 Pricing Policy – You will be charged the prices as they appear on our website, subject to availability.You will be charged the actual amount due in respect of the specific product delivered to you. The prices include Value-Added Tax(VAT). Special promotions may be subject to certain conditions, including stock availability and limited offer stipulations. |
| 12. Payment |
| 12.1 Payment Gateway – ShopWeleda accepts online payments through Payfast. Payfast is an online payment processing company widely used on the Internet to facilitate sales transactions, including credit card payments. Our payment gateway uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no credit card details are stored on the website. |
| 12.2 Payment Options – To make purchases on the ShopWeleda website you must be over the age of 18 (eighteen) years and be the holder of a valid South African MasterCard, or Visa (“Payment Card”). Alternatively payment can be made through Direct Deposit into our bank account, by including your Order# as reference: |
| Banking Details: |
| Bank: First National Bank |
| Account name: Artisan Luxe (Pty) Ltd |
| Branch Code: 250 655 |
| Account number: 62694578471 |
| Type of account: Business Account |
| 12.3 ShopWeleda shall be authorised to debit the amount payable for the goods ordered against the authorised Payment Card that has been supplied by you when completing an order. ShopWeleda shall be entitled to debit your Payment Card on acceptance of the order and prior to delivery. |
| 12.4 By submitting your order, identity and Payment Card details you warrant that you are authorised to make payment with the “Payment Card” and that there are sufficient funds available to pay for the order. |
| 12.5 ShopWeleda is in no way responsible for any loss incurred to the User from fraudulent transactions occurring on their account, arising from the User entering their credit card details on the Website |
| 13. Order Fulfillment – We cannot always guarantee availability of stock. If we are unable to supply each and every item ordered, or in the quantities ordered, you nonetheless agree to accept delivery and make payment for the items correctly supplied. |
| 14. Confirmation of Orders – Orders placed online constitute your offer to purchase subject to these Terms. Your offer is deemed to have been accepted by us when you receive our confirmation of your order. Failure by us to formally confirm, or notify acceptance, shall not affect the validity of the sale or the enforceability thereof. |
| 15. Delivery/Collection Policy – ShopWeleda only delivers on weekdays, Monday to Friday from 8am to 5pm. We do not deliver on Weekends or Public Holidays. Deliveries are made to street addresses only, therefore no deliveries to PO Box addresses. All our deliveries and collections are outsourced to Ram Couriers. |
| 15.1 For purposes of verification, the person accepting delivery at the delivery address may be required to produce some form of identification. Any person other than yourself, who accepts the goods at the delivery address is deemed to be authorised to accept delivery on your behalf. |
| 15.2 Should no-one be present at the time of delivery, the driver will retain the goods, and a notice will be left at the address to this effect. A representative will contact you to make new delivery/collection arrangements. ShopWeleda reserves the right to charge an additional delivery fee if required to make a further delivery or collection, if no-one is at the delivery address to receive the goods, or hand over the returned goods. |
| 15.2.1 If this second attempt does not succeed by the Courier, the parcel will be returned to us, and within 5 (five) business days, we will simply reimburse you subject to a deduction of a 10% administration fee. |
| 15.3 ShopWeleda’s delivery and collection arrangements are completely outsourced, and consequently shall not be liable for any damage or loss incurred by the actions or omissions of the Courier Company, it’s owner, employees, sub-contractors, agents, representatives and/or affiliates. |
| 15.3.1 The receiver has the right to refuse the parcel if in any way it appears to have been opened, or if it has clearly been damaged. Such complaints and claims must be brought to the attention of ShopWeleda (hello@shopweleda.co.za) urgently. |
| 15.4 Delivery Fees |
| 15.4.1 ShopWeleda charges delivery fees based on the ZAR amount of the total purchase transaction. |
| 15.4.2 The delivery charge will be calculated and specified upon Checkout of the relevant Product/s ordered. |
| 15.4.3 Purchases exceeding R700 in value, will get standard delivery, free of charge. |
| 16. Returns Policy -This Returns Policy regulates the conditions and circumstances in which goods will be accepted for return and refund. It also explains the process you need to follow in order to properly cancel a purchase, report a defect and/or arrange for a return. You are not entitled to any refund, repair or replacement save to the extent that it is expressly provided for under this Returns Policy. |
| 16.1. Defective Goods – 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 our Customer Care (hello@shopweleda.co.za) within ten (10) days of purchase and we will gladly collect the product at our own expense and provide you with a refund, or replacement. |
| 16.2. Incorrect Product Delivery – In cases where the return is as a result of the incorrect product being delivered on the part of ShopWeleda, this must be reported within 24 (twenty four) hours after delivery, and we will gladly collect the product at our own expense and provide you with a refund, or replacement. |
| 16.3. Order Cancellation after Shipment – 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. Non Defective Products that are returned will need to be in its original, intact and undamaged packaging with the seal not broken in any way, and in a saleable condition. We will provide you with a refund. |
| 16.4. Subject to Section 56 of the CPA – the above clauses in paragraph 8 are subject to the following reasonable guidelines: |
| 16.4.1. 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. |
| 16.4.2. Products must be returned within 30 days of the order date. |
| 16.4.3. 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). |
| 16.4.4. We cannot accept returns or issue refunds on used products. |
| 16.4.5. Original shipping and handling charges are non-refundable (if applicable). |
| 16.4.6. Products specified as non-returnable or not for resale cannot be returned. |
| 16.5. Return Address and Contact Email |
| 16.5.1 Please send any products for return or exchange to: |
| Artisan Luxe (Pty) Ltd, 404 Silverhow, 17 Albany Road, Sea Point, 8005 |
| 16.5.2 Contact Email for Returns: |
| hello@shopweleda.co.za |
| 16.6. General |
| 16.6.1 Any and all returns are subject to final authorisation and confirmation by ShopWeleda; and all returns must be pre-approved by ShopWeleda. |
| 16.6.2 Nothing in this Returns Policy or the Terms of Service in general, in any way limits your rights in terms of sections 55 and 56 of the Consumer Protection Act or section 44 of the Electronic Communications and Transactions Act 25 of 2002, where applicable |
| 17. Order Cancellation – If for any reason you would like to cancel an order this may be done by contacting our Customer Services Centre on hello@shopweleda.co.za. We reserve the right to debit your payment card for the delivery fees in respect of any late cancellations. If you cancel your payment for any reason, or if your payment card should cease to be valid for whatever reason, you will nevertheless be bound to pay to ShopWeleda the full purchase price, including all costs incurred by us relating to the recovery thereof. Without prejudice to any other rights or remedies in law, we reserve the right to cancel forthwith, any sale and/or your registration in the event of your breach any of these Terms. |
| 17.1 ShopWeleda reserves the right to refuse the processing of payment for any order and/or to cancel any purchase, partially or completely, with notice given to you. In such an instance we will be liable to reimburse you the Rand value paid only if you have already paid for the cancelled order and the payment has reflected in the ShopWeleda bank account. |
| 18. Risk and Ownership – Risk in the goods shall pass to you upon delivery at the delivery address, or to the person accepting delivery on your behalf, at the delivery address. Until payment is received in full for any goods sold, ownership of the goods shall remain with ShopWeleda, and such goods shall be returned and/or surrendered to ShopWeleda, following receipt of a default notice from ShopWeleda. |
| 19. Security |
| 19.1 Any user that attempts to deliver/s any damaging code to the Website or attempts to gain unauthorised access to any page on the Website will be prosecuted. |
| 19.2 ShopWeleda will claim civil damages from the user if ShopWeleda suffers any damage or loss. |
| 19.3 You agree that your login name and password will be used for your own personal use and will not be disclosed to any third party. |
| 19.4 You allow ShopWeleda to take any steps reasonably possible to ensure the integrity and security of the Website. |
| 19.5 ShopWeleda undertakes that it has taken all reasonable precautions to secure the credit card processing that is carried out to receive payment for goods sold. |
| 19.6 ShopWeleda has no access to any confidential information regarding your payment method. |
| 19.7 Only ShopWeleda’s banking partner will access confidential information (such as your credit card number, expiry date, CVV etc.). |
| 19.8 ShopWeleda cannot be held responsible for security breaches occurring on the User’s electronic device (Personal Computer or other electronic device used to browse the Website), which may result due to the lack of adequate virus protection software or spyware that the User may inadvertently have installed on his/her device. |
| 20. Links, Framing, Spiders and Crawlers |
| 20.1 No person, business or Website may be linked to any page on this site without prior written permission from ShopWeleda. |
| 20.2 Such permission can only be obtained by being an Online Affiliate of ShopWeleda. |
| 20.3 Links to other Websites given on the shopweleda.co.za are provided “voetstoots” and we do not necessarily agree with the content of such Websites, as we are unable to edit or underwrite such Websites. |
| 20.4 No person, business or Website may use any technology to glean information from this Website without prior written permission from ShopWeleda. |
| 21. Termination |
| 21.1 ShopWeleda is entitled to terminate these Terms or close down the Website at any time, with or without cause, with or without notice, effective immediately, for any reason whatsoever. |
| 21.2 ShopWeleda and its Affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. |
