TERMS AND CONDITIONS OF USE
Our General Terms and Conditions of Sale shall exclusively apply to all sales between us (“Seller”) and our clients (“Buyers”). Any differing conditions or terms of buyer are herewith objected to and shall not apply. Any agreement affecting the execution of this contract must be in writing. Buyer agrees to this User Agreement, and all of its terms and conditions, by visiting, browsing, shopping, accessing or otherwise using the Site. These terms and conditions are subject to change without prior notice at any time, in Seller’s sole discretion.
2. Acceptance of User Terms
This User Agreement, and all of its terms and conditions, constitute a legal contract between the Buyer (references to “you” or “your” shall relate to a customer of Seller or other party that visits, browses, shops, accesses or otherwise uses the Site) and Seller; (references to ”Seller” shall relate to Glam Diva Hair and Beauty and its affiliates.
By visiting, browsing, shopping, accessing or otherwise using this site (“Site”), you acknowledge that you have read, understood, and agree to be bound by this User Agreement and comply with all applicable laws and regulations, including import and export control laws and regulations.
If you do not agree to this User Agreement, as it may be changed by Seller from time to time, do not use this Site. The material provided on this Site is protected by law, including, but not limited to, copyright law and international treaties.
This Site is controlled and operated by Seller from its offices within South Africa. Seller makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is not authorized. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
Samples, videos, images and/or catalogues are to be considered non-binding material for illustration and/or test purposes, giving only an approximation of properties and specification. The weight, volume or gage of the goods measured upon shipment is valid.
3. Terms of Payment
Upon receipt of the Buyers order and full payment, the order will be processed and prepared for mailing/delivery/pick-up. Payment is considered made when it is at our disposal.
Your order will not be available until the funds have cleared in our account.
Please allow for an additional two workdays for payment to be received from our payment platform.
4. Terms of Delivery
Confirmed delivery dates are not fixed dates, unless stated otherwise. We reserve the right to postpone delivery in the case of force majeure for the duration of the obstruction plus a reasonable period of recuperation. Should delivery have become impossible by an act beyond our control we reserve the right to partially or completely rescind the contract/sale. Strikes, unforeseeable events or interruptions of operations are considered force majeure, should we have no influence over these events. Failure by a supplier to comply gives us the right to rescind the contract, refund the Buyer and/or seek an alternative solution to the problem.
Unless failure to comply or delay of delivery was caused by us, our lawful representatives or auxiliary persons by gross negligence or intentional acts, we will not be liable for non-compliance. Should we be liable under the terms aforementioned, liability is limited to damages that occur foreseeable and typically under the circumstances.
Goods may take 2 to 5 business days to be delivered, but is often received before that time.
Your order will not be shipped/mailed until the funds have cleared in our account.
5. Return Policy
NO REFUNDS – All sales are final.
Incorrect products have to be returned within seven days of receipt of the product. The Buyer will be refunded the cost of return and mailed the correct item, upon receipt of the incorrect item.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL SELLER BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF SELLER OR A SELLER AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
By accessing the Site and using the information therein available and/or by purchasing any products or services made available through this Site, you agree with Seller, its service providers, agents, employees, successors, assigns, affiliates, parents, subsidiaries and any content provider or offer or of goods or services on this Site or through any other associated activity, that ANY CLAIM OR DISPUTE UNDER THE USER AGREEMENT AND ANY CLAIM OR DISPUTE THAT YOU MAY HAVE AGAINST ANY OF THESE PERSONS OR ENTITIES, WHETHER RELATED TO THE DESCRIBED TRANSACTIONS OR OTHERWISE, INCLUDING THE ENFORCEABILITY OF THIS ARBITRATION AGREEMENT, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION under the applicable jurisdiction.
8. Technical and Use Advises
Our technical advises are given according to our best knowledge and experience. Buyer is obliged to apply due diligence in verifying applicability of our advice to his/her special conditions of application. Concerning our technical and use advises, which are given free of charge, we will not be held liable for damages caused by gross negligence, deliberate acts or misuse on the part of the Buyer.
9. Price of the Goods
All pricing is subject to change. For all prices, products and offers, Seller reserves the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances.
While Seller uses reasonable efforts to include accurate and up-to-date information on the Site, Seller makes no warranties or representations as to the Site’s accuracy. Seller assumes no liability or responsibility for any errors or omissions in the content on the Site.
Prices valid at date of order, will be applied. We reserve the right to adapt prices, for confirmed orders as well, to reflect any increase in our costs, for any reason beyond our control, like force majeure, shortage of primary material or labor, strikes, official orders,
transportation or similar problems, if this increase happens after confirmation of order but before delivery of goods.
10. Third-Party Product and Y2K Disclaimer
All products sold by Seller are third party products and are subject to the warranties and representations of the applicable manufacturers, including but not limited to Y2K compliance. Accordingly, Seller makes no representation or warranty with respect to the Y2K compliance of products sold.
11. Use Restrictions
The copyright in all material provided on this Site is held by Seller or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Seller or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded or printed materials. You also may not, without Sellers’s prior written permission, “mirror” any material contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
All trademarks and registered trademarks are the sole property of their respective owners. Photographs courtesy of respective manufacturers.
Please review our Privacy Notice below, which also governs your visit to this Site.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use the Site only with a parent or guardian. Seller reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
13. Communications to Seller
Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by Seller for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Seller is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Seller or the Site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information.
14. Disagreement with These Terms and Conditions
If you disagree with any of the terms and conditions of this User Agreement, please do not visit, browse, shop, access or otherwise use this Site.
15. Credit Cards
Credit card charges are processed online after ordering the products and/or services.
1. What Information We Gather or Track
Information on general usage and any optional personal details you provide to us will be used to provide you with enhanced features. The following are details of the information we collect:
Seller collects information from customers and visitors to our Web site. This information allows us to process orders from customers by collecting their First Name, Last Name, eMail, Password, Credit Card Number, Expiration Date, Billing Address and Shipping Address. Other information such as Date, Time and IP address is also collected.
Your browser offers so-called “cookies” which — if you allow their use — store small amounts of data on your computer about your visit to any of our sites. Cookies assist us in tracking which of our features you like best. Cookies can enable us to customize our content according to your preferences. However, cookies tell us nothing about you personally unless you specifically give us the requested additional information.
2. What We Do with Collected Information
Seller may send a newsletter to our Users. If you would like to stop receiving the newsletters you may unsubscribe by removing your account.
3. Our Disclosure of Your Information
Seller does not sell or commercially make available specific information about its Users or Users other than in aggregate form, except in cooperation with law enforcement bodies in regards to content violations or violations of applicable laws.
4. Our Security Measures
Seller uses Secure Socket Layer (SSL) to encrypt payment information and User data against unauthorized access. However, we cannot be responsible for how third parties, whose links appear on our site, use your information. You should know that no data transmission is one hundred percent guaranteed against eavesdropping. Because your site is ultimately protected by you and your password, much of your information security is up to you.
Seller has implemented additional precautions to ensure the privacy of your personal information. We have a strict firewall in place which does not allow any outside access. Access in the company is limited to only individuals who need to be able to see customer data in order to perform their job functions, such as the billing department. Important personal data is backed up on the network to help insure its integrity.
5. Your Choices
You may choose not to receive special offers and discounts simply by not registering for any special deals and offers when you sign up. If you signed up for special offers and now wish to unsubscribe, you may do so at any time by replying to the unsubscribe link contained in those mailings.