Terms & conditions
ACCEPTANCE OF TERMS
You acknowledge that you have read the terms and conditions of use and that you accept the terms thereof. YOU AGREE TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. If you do not agree to these terms and conditions of use, you may not access or otherwise use this Website.
These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Goods, and the use of the Website.
These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”). By using the Website and by clicking on the “Connect with us” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
The Website enables you to shop online for an extensive range beauty products and cosmetic accessories (“Goods”).
These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –
a) may limit the risk or liability of Hayat Beauty or a third party; and/or
b) may create risk or liability for the user; and/or
c) may compel the user to indemnify Hayat Beauty or a third party; and/or
d) serves as an acknowledgement, by the user, of a fact.
- Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
- If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Hayat Beauty to explain it to you before you accept the Terms and Conditions or continue using the Website.
- Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Hayat Beauty in terms of the CPA.
- Hayat Beauty permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.
Returns and Refunds policy
- The provision of goods and services by Hayat Beauty is subject to availability. In cases of unavailability, Hayat Beauty will refund the client in full within 30 days. Cancellation of orders by the client will attract a 10% administration fee.
Delivery of goods
- Hayat Beauty offers 1 (one) method of delivery of Goods to you via:
- Courier Guy
- For more information about delivery, please see our FAQs: Shipping and Delivery, which are incorporated into these Terms by reference. Our delivery charges are subject to change at any time, without prior notice to you, so please check the FAQs for the most up-to-date information. You will see the applicable delivery charges in your cart when you check out.
- Where it accepts your order, Hayat Beauty or the Third Party Seller will deliver the Goods to you as soon as reasonably possible, but no later than 30 (thirty) days of receipt of your payment (“Delivery Period”). We will notify you if we are unable to deliver the Goods during the Delivery Period. You may then, within 7 (seven) days of receiving such notification elect whether or not to cancel your order for the Goods. If you elect to cancel your order, we will reimburse you for the purchase price.
- Hayat Beauty obligation to deliver a product to you is fulfilled when we deliver the product to the physical address nominated by you for delivery of the order. Hayat Beauty is not responsible for any loss or unauthorised use of a product, after it has delivered the product to the physical address nominated by you.
Registration and use of the website
Only registered users may order Goods on the Website.
To register as a user, you must provide a unique username and password and provide certain information and personal details to Hayat Beauty. You will need to use your unique username and password to access the Website in order to purchase Goods.
You agree and warrant that your username and password shall:
- be used for personal use only; and
- not be disclosed by you to any third party.
- For security purposes you agree to enter the correct username and password whenever ordering Goods, failing which you will be denied access.
You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms and Conditions.
You agree to notify Hayat Beauty immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
By using this Website, you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.
You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised Hayat Beauty representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised Hayat Beauty representative.
Payments and Online Transaction
- We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
- Whether the Goods are for sale by Hayat Beauty or a Third Party Seller, payment can be made for Goods via –
- Card transactions will be acquired for Hayat Beauty via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy
- Customer details will be stored by Hayat Beauty separately from card details which are entered by the client on PayGate’s secure site. For more detail on PayGate refer to www.paygate.co.za.
- The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).
- Hayat Beauty takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.
- cash on delivery (except where any of our exclusions apply, as listed in our FAQ); by selecting this option, you undertake to ensure that you have the exact cash on hand at the time of delivery.
- This website is governed by the laws of South Africa and Hayat Beauty chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature.
- The above payment options are explained in more detail in our Frequently Asked Questions (“FAQ”): Payment, which are incorporated by reference.
- You may contact us via our FAQ page to obtain a full record of your payment. We will also send you email communications about your order and payment.
- Once you have selected your payment method (Master Card or Direct Bank Deposit), you will be directed to a link to PayGate’s secure site for payment of the applicable purchase price for the Goods.
Right to modify terms
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information.
Intellectual property rights
The Website is protected by copyright as a collective work and/or compilation, pursuant to South African copyright laws, international conventions, and other copyright laws. All information and content contained on the Website, including but not limited to trademarks, graphics, images, and logos are protected by South African international intellectual property laws, and are owned or controlled by HAYAT BEAUTY of HAYAT GROUP PTY (LTD) or the party credited as the provider of the content. You will abide by any and all additional copyright notices, information, or restrictions contained in any content on the Website. Copying or storing of any content for other than personal, non-commercial use is expressly prohibited without the prior written permission from HAYAT BEAUTY of HAYAT GROUP PTY (LTD) or the copyright holder identified in the individual content’s copyright notice. Use of trademarks for commercial purposes without authorization from HAYAT BEAUTY of HAYAT GROUP PTY (LTD) is strictly prohibited..
Changes to website
HAYAT BEAUTY of HAYAT GROUP PTY (LTD) may change, suspend or discontinue any aspect of the Website at any time, including the availability of any Website feature, database, or content.
HAYAT BEAUTY of HAYAT GROUP PTY (LTD) may also impose limits on certain features and services or restrict your access to parts or the entire Website without notice or liability.
Limited use license
HAYAT BEAUTY of HAYAT GROUP PTY (LTD) grants you a limited, revocable, and non-exclusive license to access and make personal, non-commercial use of the Website. This limited license does not include the right to:
- Frame or enclose the Website or any portion thereof;
- Republish, distribute, or license the Website or any content thereon; and/or
- Create any derivative works based upon either the Website or any content thereon.
- This limited license may be terminated immediately upon any unauthorized use by you of the Website or any and/or all of HAYAT BEAUTY of HAYAT GROUP PTY (LTD) content.
Sweepstakes; contests; promotions
HAYAT BEAUTY of HAYAT GROUP PTY (LTD) may promote, via the Website, sweepstake’s, contests or other types of promotions that will be governed by special rules in addition to these Terms. Your participation in such promotions constitutes acceptance of all applicable terms.
You represent, warrant and covenant that: (a) you shall not upload, post or transmit to, or distribute, or otherwise publish through the Website any materials which (i) restrict or inhibit any other user from using and enjoying the Website, (ii) are unlawful, threatening, abusive, libellous, or defamatory (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, (vi) contain any information, software or other material of a commercial nature, (vii) contain advertising of any kind (i.e. Spam), or (viii) constitute or contain false or misleading indications of origin or statements of fact; (b) you will not redistribute content to anyone, nor will you permit any minor, or anyone who would find the content offensive, to view the content; and (c) you will not use or access the Website in any jurisdiction in which doing so would be unlawful
Third party links
The Website may contain links and pointers to the other related World Wide Web Internet sites, resources, and sponsors of the Website. Links to and from Website to other third-party sites, maintained by third parties, do not constitute an endorsement by Company or any of its subsidiaries or affiliates of any third-party resources, or their contents. If you decide to access any of the third-party sites linked to the Website, you do so entirely at your own risk. All such websites are subject to the policies and procedures of the owner of such websites. Because we have no control over such websites or resources or the individuals who make such contributions, you acknowledge and agree that Company is not responsible for the availability of such websites or resources or any contributions, neither endorses nor is responsible or liable for any content, advertising, products or other materials on or available from such websites or resources or the content of any contributions and shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resource..
Disclaimer of warranties
THE WEBSITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, IS PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, HAYAT BEAUTY of HAYAT GROUP PTY (LTD) AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEBSITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE WEBSITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITE OR ANY LINKED SITE. FURTHER, HAYAT BEAUTY of HAYAT GROUP PTY (LTD) AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. HAYAT BEAUTY of HAYAT GROUP PTY (LTD) DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HAYAT BEAUTY of HAYAT GROUP PTY (LTD) AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN
You represent and warrant that:
You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
- You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.
- We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote or assist any unlawful act.
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Licensed use of user contributions
You may directly upload User Contributions or post User Contributions to your social media accounts. By posting User Contributions and uploading User Contributions that you have tagged with HAYAT BEAUTY hashtags (i.e. #hayatbeauty, #perfectionistinbeauty, #uncompromisedbeauty, #uncomplicatedbeauty etc.), you grant to HAYAT BEAUTY of HAYAT GROUP PTY (LTD), its third-party service providers who provide content management services, and its retail partners (collectively, the “Licensed Parties”) the worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable right to use your uploaded or HAYAT BEAUTY-tagged User Contributions in any manner to be determined in the Licensed Parties’ sole discretion, including but not limited to on its webpages, social media pages operated by the Licensed Parties, and in other marketing, promotional and advertising initiatives, in any media now or hereafter known. The Licensed Parties may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your User Contributions in any manner in its sole discretion, with no obligation to you whatsoever. You grant the Licensed Parties the right to use your username, real name, image, likeness, caption, location or other identifying information in connection with any use of your User Contributions. You hereby represent and warrant that (i) you own all rights in and to your User Contributions; (ii) you have permission from all person(s) appearing in your User Contributions to grant the rights granted herein; (iii) you are not a minor, (iv) the Licensed Parties’ use of your User Contributions as described herein will not violate the rights of any third party or any law, (v) the User Contribution is not libellous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive. You hereby release, discharge and agree to hold the Licensed Parties, and any person acting on their behalf, harmless from any liability related in any way to the Licensed Parties’ use of your User Contributions.
Products not for resale
The products available on the Website are for personal use only and are not for resale. HAYAT BEAUTY of HAYAT GROUP PTY (LTD) may cancel or modify any order received which HAYAT BEAUTY of HAYAT GROUP PTY (LTD) believes is contrary to these Terms.
Colour for reference only
The colour samples for products on the Website should be used as a reference only in conjunction with the written descriptions. Due to the nature of colour calibration, the colours on your monitor may differ from the actual product. To the extent permitted by applicable law, we do not warrant that the product descriptions, colours or other content available on the Website are complete, reliable, accurate current, or error-free..
Reliance on information posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
HAYAT BEAUTY of HAYAT GROUP PTY (LTD) does not accept unsolicited suggestions and ideas. Any ideas, suggestions or other information you provide us will be treated as non-proprietary and non-confidential and treated as Communications, as defined above.
Limitation of liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Governing law and jurisdiction
- HAYAT BEAUTY of HAYAT GROUP PTY (LTD) hereby selects 256 Waterbok street, Ninapark, Akasia, 0182, as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”). HAYAT BEAUTY may change this address from time to time by updating these Terms and Conditions.
- You hereby select the delivery address specified with your order as your legal address, but you may change it to any other physical address by giving HAYAT BEAUTY of HAYAT GROUP PTY (LTD) not less than 7 days’ notice in writing.
- Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English. All notices sent –
- by hand will be deemed to have been received on the date of delivery;
- by prepaid registered post, will be deemed to have been received 10 days after the date of posting;
- by telefax before 16h30 on a business day will be deemed to have been received, on the date of successful transmission of the telefax. All telefaxes sent after 16h30 or on a day which is not a business day will be deemed to have been received on the following business day; and
- by email will be deemed to have been on the date indicated in the “Read Receipt” notification. ALL EMAIL COMMUNICATIONS BETWEEN YOU AND US MUST MAKE USE OF THE “READ RECEIPT” FUNCTION to serve as proof that an email has been received.
Waiver and severability
Online purchases and other terms and conditions