Website Terms & Conditions for Shades of Skin (Pty) Ltd
By using this Website, you agree to be bound by these terms and conditions and you warrant that you have legal capacity to enter this website and order products.
- Your Rights
- Intellectual Property Rights
- Changes to Website
- Electronic Communication
- Account Activation, Suspension & Termination
- Criminal Activity
- Governing Law
- Alternative Dispute Resolution
- This Website gives you information about Shades of Skin and its Products.
- You may browse, view, copy and download content from the Website when searching for Products but you may not use this content for commercial purposes.
- You may search for Products, complete the sales process and communicate with Shades of Skin through the Website.
- You have the right to review and correct the Personal Information that you have submitted to the Website when creating your Account. You agree to only provide accurate Personal Information to this Website.
- copy, reverse engineer, modify or damage the Website or any of its content;
- intentionally use a device or software application to overcome the security measures that protect the Website. Doing this constitutes a criminal offence in terms of section 86 of the Electronic Communications and Transactions Act 25 of 2002.
- frame or mirror any page of this Website without first getting our written approval. Framing and mirroring amounts to copyright infringement.
- hot link to this Website. This means linking to a file on this Website and have it display on another, unrelated website. Such action amounts to bandwidth theft and copyright infringement and will not be tolerated.
- use non-malicious search technology, like “web spiders” or “web-crawlers” to gain information from this website if such technology will slow down this website’s server, or if it will infringe the copyright of any data and information in this Website.
- deliver any malicious code such as viruses, worms or Trojan horses to this Website.
- share your username and password with Third Parties. You are solely responsible for the actions being done with your username and password.
- use defamatory, harassing, untrue or otherwise hurtful language when leaving comments or giving ratings on our Facebook page. Failure to respect this, will result in suspension of your right to use the Website. We reserve the right to remove comments.
- misrepresent who you are when ordering products or communicating with us.
- The structure, organisation and content of the Website are protected by copyright law.
- Shades of Skin either owns or has been licensed to use the copyrights and trademarks in this Website. This Agreement does not grant you any intellectual property rights in the Website. Shades of Skin reserves all rights not expressly granted.
- Whenever you post to this Website or our Facebook page, you grant Shades of Skin a non-exclusive right to store and display such content.
- You may not make a copy of or reverse engineer this Website.
- Breach of this clause is a criminal offence in terms of Section 27 of the Copyright Act 98 of 1978.
- Shades of Skin reserves the right to amend any information about its Products on this Website and these terms and conditions in its sole discretion.
- You must acquaint yourself with any such amendments.
- You accept that Shades of Skin may communicate with you through email by sending notifications of special promotions or new Products. You may opt-out of receiving marketing messages from us at any time.
- When Shades of Skin sends an email to you, it is considered that you have received it when you are able to download the email.
- When you send an email to Shades of Skin, it is considered to have been received when Shades of Skin replies to the message.
- You agree that all electronic agreements, notices, disclosures and other communications between Shades of Skin and you, satisfy any legal requirement that such communications be in writing.
- In the event you submit “Before and After pictures” to any of the Clearogen.co.za email address, in order to be eligible for various contests, you give Shades of Skin Pty Ltd permission to display your photos on Clearogen South Africa website and Clearogen South Africa Facebook page. We will do our best to disguis your identity. You may also at any time request us to take down your picture but you will then not be eligible for the contest.
- must choose a username and password;
- must keep the username and password secret;
- must report unauthorised use or suspected compromise of your username and/or password, to Shades of Skin (Pty) Ltd;
- accept responsibility for all actions carried out with your username and password.
- Shades of Skin (Pty) Ltd and other website users may assume that anything done with your username and password, were done by you;
- are responsible for all submissions made to our Facebook page using your Facebook account log in details.
- When you delete your Account, this online agreement comes to an end.
- suspects fraudulent or other criminal activity on your part while using the Website, or
- in case you breached any of these terms, or
- if your conduct in any way negatively affects the rights and interests of Shades of Skin (Pty) Ltd,
it may in its sole discretion temporarily suspend or terminate your access to the Website. In such circumstances, Shades of Skin (Pty) Ltd will send you a suspension notice unless in its sole discretion it believes that such notice will lead to further damage and violation.
Shades of Skin (Pty) Ltd reserves the right to institute criminal action against you for any illegal use of the Website.
- If the parties are unable to resolve any dispute, resulting from these Terms and Condition by means of joint co-operation within SEVEN (7) working days after a dispute arises or such extended time period as the parties may in writing allow, then such a dispute shall be resolved through either mediation or arbitration using the expedited rules of the Arbitration Foundation of South Africa.
- Either party may refer the matter to mediation or arbitration with notice to the other party in which the referring party sets out the particulars of the dispute.
- The proceedings shall be held in Johannesburg or through electronic means where parties can be present in person in real time.
- The Parties must agree on a mediator or arbitrator who shall be either an independent software developer, software programmer or attorney with expertise in Consumer Protection issues or such area of law pertaining to the dispute.
- If the Parties cannot agree on a mediator or arbitrator within THREE (3) working days of the dispute being declared, the chairperson for the time being of the Arbitration Foundation of South Africa must nominate a mediator or arbitrator.
- The mediator or arbitrator must determine the procedure to be followed.
- In the case of mediation, the mediator shall aim to resolve the dispute between the parties by joint decision making or to declare a deadlock between the parties within 10 calendar days after being appointed as mediator.
- In the case of arbitration, the arbitrator must deliver the decision within 10 calendar days after the Parties have led their evidence.
- The arbitrator’s decision shall be final and binding on the Parties, who shall summarily carry out that decision and either of the parties shall be entitled to have the decision made an order of any court with competent jurisdiction.
- The Dispute Resolution clause in this Agreement shall be severable from the rest of this Agreement and therefore shall remain effective between the Parties after this Agreement has been terminated.
- Despite the arbitration clause, any Party may obtain interim relief from a court of competent jurisdiction pending the outcome of the arbitration.
Terms of Sale
- What is Terms of Sale?
- Who we are and what we do?
- The minimum duration of the agreement
- Manner of payment
- Delivery policy
- Sales Record
- Product Price Increases
- Incorrect Pricing
- Binding Sales Agreement
- These terms of sale apply to transactions where we sell you products from our Website.
- Shades of Skin (Pty) Ltd
Website address and email address:
- hello @ clearogen. co. za (please note that in order to prevent spam, we have inserted extra spaces before and after the “@” sign. When communicating with Shades of Skin, please delete those spaces from the email address) or ;
- use our online contact form)
Physical address and telephone number where services are rendered:
- 51 Westbourne Road, Bryanston, 2146.
- 31 Shirley Street, Newton Park, Port Elizabeth, 6055
- Plaas Dankbaar, Fred Ferreira Weg, Patensie, 6335
Membership of any self-regulatory or accreditation bodies to which the Website Owner subscribes and its contact details:
- Shades of Skin (Pty) Ltd is a member of the CTFA (Cosmetic, Toiletries and Fragrance Association) of South Africa,. Webiste: www.ctfa.co.za Tel: +27 11 795 4272
Any code of conduct to which the Website subscribes:
- The CTFA abides by the code of conduct of COLIPA (the body governing cosmetics in the EU)
- Dr Ada-Mari Schoemann,
- Mrs Lucille Ferriera,
- Mrs Karen Ferriera,
- Mrs Linda-Lee Pieterse;
Place of Registration:
- South Africa
Physical Address where Shades of Skin will accept legal service of documents:
- Plaas Dankbaar, Fred Ferreira Weg, Patensie, Eastern Cape 6335
Description of the main characteristics of the services offered by the supplier:
- This Website sells skin care products called Clearogen manufactured by Advanced Skin and Hair Inc.
- Shades of Skin (Pty) Ltd accepts Electronic Fund Transfers and payments through credit and debit card.
- All credit card transactions are handled by PayFast on Shades of Skin (Pty) Ltd’s behalf.
- When we accept your order, we will dispatch it a.s.a.p. and the courier will deliver your order to your door within 2-3 working days in major centres.
- Shades of Skin (Pty) Ltd will send you an invoice that sets out the details of your order upon receipt of payment.
- You can also see the invoices of past orders in your Account;
- It is possible that the price may increase or decrease between the time you added a Product to your shopping cart and the time that you made the purchase and you cannot hold Shades of Skin (Pty) Ltd to the old price.
- If the item becomes unavailable since you placed it in your shopping cart, Shades of Skin (Pty) Ltd may amend the price and/or remove the item from your shopping cart and you cannot hold Shades of Skin (Pty) Ltd accountable for doing it.
- We always verify prices as part of our shipping process.
- If a Product has been listed at an incorrect price accidentally, we reserve the right to refuse or cancel your order for that Product.
- In that case we will contact you with the option of either paying the correct amount and/or accepting a refund.
- you have given us your correct billing and shipping address information; and
- you have made payment to Shades of Skin (Pty) Ltd for the Products you ordered; and
- Shades of Skin (Pty) Ltd has notified you that we have accepted your order and that we will dispatch your order.
Note that taking payment from you via credit card or EFT does not indicate acceptance of your order and Shades of Skin (Pty) Ltd will immediately refund you in case it declines your order. The auto-response sent to you after you have placed an order does not mean that Shades of Skin (Pty) Ltd accepted your offer.