TERMS AND CONDITIONS
Website Terms and Conditions of Use Relating to www.missdurbz.co.za
These Terms and Conditions (“the Terms and Conditions”) govern your (“the User”) use of the Miss Durbz Trading Pty Ltd (“Provider”) website located at the domain name www.missdurbz.co.za (“the Website”). By accessing and using the Website, the User agrees to be bound by the Terms and Conditions set out in this legal notice. The User may not access, display, use, download, and/or otherwise copy or distribute Content obtained on the website for marketing and other purposes without the consent of the Provider.
By using this Website or communicating with the Provider by electronic means, the user consents and acknowledges that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be in writing.
E-Commerce & Privacy
The Website www.missdurbz.co.za operates as an ecommerce store selling third party products such as cosmetics, jewellery and fashion accessories. The Provider is a distributor of the products and is in no way affiliated to any of the third parties whose products are available on the Website. The use of any product bought from this Website is at the purchaser’s risk. The purchaser/ user indemnifies and holds the Provider harmless against any loss, injury or damages which may be sustained as a result of using the products sold on the Website. The Provider does not guarantee that you will attain a particular result from the use of any product purchased through this Website, and you accept and understand that results differ for each individual.
The private information required for executing the orders placed through the e-commerce facility, namely the User’s personal information, delivery address and telephone numbers will be kept in the strictest confidence by the Provider and not sold or made known to third parties. Only the necessary information, that is the delivery address and contact phone number will be made known to third parties delivering the product. The Provider 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. The Provider will supply all goods to the delivery company in good order. The Provider will not be held liable for the condition of goods arriving at the User’s chosen delivery address.
Privacy: Casual Surfing
The User may visit the Website without providing any personal information. The Website servers will in such instances collect the IP address of the User computer, but not the email address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent at the Website, pages viewed, etc. Provider uses this information to determine use of the Website, and to improve Content thereon. Provider assumes no obligation to protect this information, and may copy, distribute or otherwise use such information without limitation.
All online payments are processed by the secured internet payment gateways as set out in our payment methods page. No payment information of the User is captured on the Website at any point, the User will be directed to the selected payment gateways page for payment processing then directed back to the Website once payment is successful/unsuccessful.
Refund and Return Policy
The provision of goods is subject to availability. In cases of unavailability, the provider will consult with the User and find a suitable outcome such as a substitute item, credit voucher or refund. Cancellation of unshipped orders by the client will attract a 10% charge for administration costs, cancellation of orders that are en route to the User will be liable for the shipment fees as well as a 10% charge for administration costs.
The Provider reserves the right to cancel an order for which payment has already been received. This may occur if stock is insufficient or the quality of goods ordered does not meet the Provider’s standards. Should the Provider exercise this right, the User will receive a full refund with no deductions.
Any complaints regarding the standard and quality of the product or products bought by consumers through the e-commerce facility should be directed to the Marketing Team at firstname.lastname@example.org
Updating of these Terms and Conditions
Provider reserves the rights to change, modify, add or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User’s obligation to periodically check these Terms and Conditions at the Website for changes or updates. The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.
Limitation of Liability
The Website and all Content on the Website, including any current or future offer of products are provided on an “as is” basis, and may include inaccuracies or typographical errors. The Owners make no warranty or representation as to the availability, accuracy or completeness of the Content. Neither Provider nor any holding company, affiliate or subsidiary of Provider, shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the Content or the Website or any functionality thereof, or of any linked website, even if Provider is expressly advised thereof.
Third Party Trademarks
All third party trademarks (including logos and icons) referenced by the Website remain the property of their respective owners. Unless specifically identified as such, the Website's use of third party trademarks does not indicate any relationship, sponsorship, or endorsement between the Website and the owners of these trademarks. Any references by the Website to third party trademarks is to identify the corresponding third party goods and/or services and shall be considered nominative fair use under the trademark law.
Third Party Websites
The Website contains links to websites owned and operated by third parties. If you use these links you may leave the Website. These links are provided for your information and convenience only and are not an endorsement by The Provider of the content of such linked websites or third party services. The Provider has no control of the content of any linked website and is not responsible for these websites or their content or availability. We make no representation or warranty regarding the accuracy of the information contained in the linked sites. We suggest that you always verify the information obtained from linked websites before acting upon this information. If you have any questions or concerns about the products and services offered on linked third party websites, please contact the third party directly.
Choice of Law
This Website is controlled, operated and administered by Provider from its offices within the Republic of South Africa. Access to the Website from territories or countries where the Content or purchase of the products sold on the Website is illegal is prohibited. The User may not use this Website in violation of South African export laws and regulations. If the User accesses this Website from locations outside of South Africa, that User is responsible for compliance with all local laws. These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the Durban High Court in the event of any dispute. If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. These Terms and Conditions constitute the entire agreement between the Provider and the User with regard to the use of the Content and this Website.