Terms of Sale

TERMS AND CONDITIONS OF SALE

  1. Terms and Conditions
  2. Orders and Payment:
    • The Company shall not be obliged to accept any order and may impose minimum order values and minimum delivery charges. Products will remain the property of the Company until paid for in full.
    • The Products available through this website are for the use of the Customer personally and may not be purchased for resale. If you wish to become an authorised reseller then further information regarding the possibility of this is available from www.weareblackpearl.com
    • You shall, upon placing any order with blackpearlsa.co.za (“the Company”) for any Products (as reflected on the Company’s website and price list and / or available through this website from time to time), make payment of any invoices issued and presented by the Company in respect of such Products ordered by you.
    • No Products shall be delivered to you until you have complied with the Company’s terms and conditions and until you have paid the Company, in full, for the Products ordered.
    • Your payment obligation shall be discharged to the extent that the payment is received and has been cleared through the bank account of the Company.
    • The Company may at any time correct, and shall not be bound by, any error or omission in any quote or price list.
    • Save where the quote, order or any price list of the Company states otherwise, prices exclude VAT.
    • The Prices quoted on the website exclude the cost of delivery.
    • All payments shall be by way of electronic fund transfer and shall be made without any withholding, deduction or set-off of any nature whatsoever.
    • The Company may suspend or withhold delivery of any Products if the Customer is at any time in breach of any obligation to the Company, including but not limited to the obligation to make payment of any amount to the Company.
    • Prices as listed are subject to change without prior notice.
  3. Products
  • You acknowledge and agree that the Products are highly specialised beauty products. It is your responsibility to familiarise yourself with the terms and conditions of use of the Product and to follow, strictly, the instructions and to note any warnings included with the Products.
  • The Company is not the manufacturer of the Products. Save where otherwise imposed by law, the Company provides no warranty for the Products and the Products are sold with the manufacturer’s warranty as included with the Products, only.
  • The Company reserves the rights to discontinue any Product and to change the specifications of the Products, without prior notice.

 

  1. Delivery
    • There shall be no obligation on the Company to deliver or release any Products whilst the Customer is in breach of any obligation, including obligations to pay any amount to the Company.
    • Should there be any material delay in delivery of the Products to you, we shall notify you accordingly.
    • Whilst the Company endeavours to deliver Products ordered to you within a reasonable period of time, you agree that any delivery times given are merely estimates and are not binding on the Company.
    • Where for any reason the Company cannot deliver all or any the Products ordered by you or effect delivery to the nominated address, the Company reserves the right to cancel the Order (or part thereof) forthwith and to refund to you any payment made by you to the Company and you will have no other claim as a result.
    • All delivery obligations are conditional on the ability of the Company to procure the Products and all components needed to fulfil the Company’s obligations.
    • Any delivery note (copy or original) signed by you, or on your behalf, shall be prima facie proof that delivery was made to you. Unless you note on the delivery note any shortfall or discrepancy between the Products delivered and the delivery note the Products shall be deemed to have been delivered as reflected on the delivery note.
    • The Customer agrees that delivery of Products may be split as to the Products ordered, the quantities ordered and the dates for delivery.
    • The Company shall not be liable for any loss, harm or damages (direct, indirect or consequential) caused by any late or partial delivery or any failure to deliver any Products timeously or at all.
    • The Company shall not be obliged to deliver outside of the Republic of South Africa.
    • We reserve the right to select, and change, the courier used to deliver any orders. Where any courier stipulated by the Customer is used (the Company reserving the right not to use any courier that it has not selected) then all costs will be for the Customers account, any insurance required must be arranged and paid for by the Customer and all risk of loss in transit shall pass to the Customer on collection by the courier selected by the Customer.
    • At present the preferred courier is The Courier Guy. After payment you will be provided with a tracking number. You may track your order on https://www.thecourierguy.co.za/ or Contact 0861 203 203.
    • Delivery Fee (subject to change): R150 Delivery Fee Nationwide. Estimated delivery time, subject to availability of stock: 3-5 Business Days from Date of Payment (Excludes Weekends and National Public Holidays).
    • The Customer will be held liable for all additional costs incurred where any incorrect delivery information is provided or where nobody is available to receive a delivery.
  2. Defective Products and Returns
    • Should you establish that the Products are damaged or defective in any manner, you are required to notify the Company by email sent to di@seaofspaskincare.co.za , within 5 days of receipt of the Products, in writing of such damage or defect.  The Company shall, thereafter and within a period of 10 days of receipt of your written notice that that Products are damaged or defective, try to resolve the issue with you, to the reasonable mutual satisfaction of both parties which may include, but not be limited to: the Company replacing the Products or providing with alternate Products or refunding the Customer the purchase price of the Products.
    • Should you not contact the Company within 5 days of receiving the Products as set out in clause 5.1, you are deemed to accept that the Products are delivered in good order and condition.
    • Products must be inspected on delivery. Products that are delivered with damage to the packaging or which are not sealed must not be accepted, must be handed back to the courier, the condition of the Products must be noted on the delivery note and the Product concerned must be returned to the Company by the courier. The Company will replace any Product that is delivered opened or damaged as aforesaid.
    • Save as provided above, returns are not permitted.
  3. Ownership

The Company reserves its rights of ownership in respect of any Products not fully paid for in terms of an invoice issued by the Company and the Products shall remain the sole and exclusive property of the Company and may be vindicated by the Company at any time.

  1. Breach
    • In the event that you breach any Terms of the Company, the Company shall have the right to immediately cancel any Order placed by you in terms hereof and as a result no Products will be delivered to you. You will have no claim arising from such cancellation.
  2. Limitation of Liability
    • TO THE FULLEST EXTENT PERMITTED BY LAW , UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, OR INDIRECT DAMAGES OR LOSS OF PROFIT OR FOR ANY OTHER DAMAGES, DELICTUAL, CONTRACTUAL OR OTHERWISE, OF WHATSOEVER NATURE HOWSOEVER ARISING OR FOR ANY NEGLIGENT ACT ON ANY OF THEIR PARTS OR FOR ANY UNSAFE PRODUCT CHARACTERISTICS, DEFECTS, FAILURE OR HAZARD CAUSED BY THE PRODUCTS OR FOR ANY DAMAGE ARISING FROM ANY MISUSE OF THE PRODUCTS BY YOU INCLUDING BUT NOT LIMITED TO THE PRODUCTS BEING TAMPERED WITH OR USED OUTSIDE OF THE COMPANY’S AND/OR THE MANUFACTURER’S SPECIFICATIONS OR CONTRARY TO THE INSTRUCTIONS INCLUDED WITH THE PRODUCT OR SHOULD YOU UTILISE THE PRODUCTS IN ANY MANNER WHICH IN THE REASONABLE OPINION OF THE COMPANY HAS A PREJUDICIAL EFFECT ON THE PRODUCTS OR THE WARRANTY APPLICABLE TO SUCH PRODUCTS.
    • THIS EXCLUSION FROM LIABILITY SHALL APPLY TO YOU AND ANY EMPLOYEES, SUBCONTRACTORS, AGENTS OR ANY OTHER PERSON ENGAGED OR EMPLOYED BY YOU IN RESPECT OF THE ORDER AND USE OF THE PRODUCTS.
    • ANY LIABILITY ARISING FROM THE SUPPLY OF THE PRODUCTS IS LIMITED TO ANY MANUFACTURER’S WARRANTY
    • ANY LIABILITY OF THE COMPANY ARISING FROM THESE TERMS SHALL BE STRICTLY LIMITED, IN THE DISCRETION OF THE COMPANY, TO REPLACEMENT OF ANY PRODUCT OR REFUND OF ANY PURCHASE PRICE PAID FOR THE PRODUCT.
  3. Warranties
    • Except as otherwise expressly warranted in writing or where the law provides otherwise, the Products provided by the Company are provided “as is” and the Company its affiliates, subsidiaries, officers, directors, employees, agents, partners and licensors, expressly disclaim all other warranties (including guarantees and representations) of any kind or nature, whether express, implied or statutory, including, but not limited to, any warranties of condition, title, accuracy of data or quality, as well as any warranties of suitability, fitness for a particular purpose or the absence of any defects therein. The Company does not warrant that the Products shall meet the Customer’s requirements and the Company disclaims any liability in respect thereof.
    • No warranty, guarantee or representation whether express, implied or tacit, not set forth in the Company Terms or any other agreement in writing between the parties, shall be binding on the Company.
    • Products are guaranteed under the original manufacturer’s product specific warranties only, and all other guarantees and warranties including common law guarantees and warranties in relation to the Products are hereby specifically excluded by the Company to the fullest extent possible in law.
    • The Company specifically disclaims the implied warranty of merchantability and fitness for a particular purpose. No representation or warranty, including but not limited to statements of capacity, suitability for use or performance made by employees of the Company shall be considered to be a warranty by the Company. Any such statements made shall not give rise to any liability of whatsoever nature on the part of the Company, its employees, subcontractors or subsidiaries.
  4. Indemnity
    • You, hereby indemnify, and holds harmless, the Company (its affiliates, employees, agents, or suppliers) against any claim (including the threat of any claim) whatsoever howsoever arising, made by you or any third party to whom you have supplied any Products bought by you from the Company, for any loss or damage, whether direct, indirect or consequential, including costs and expenses and attorney’s fees, and whether claimed under the law of contract, delict or otherwise sustained by you or such third party, its servants, agents, contractors or any other person engaged or employed by the third party.
  5. Domicilium and Notices

The Customer elects as its domicilium citandi et executandi the delivery address provided to the Company on its electronic registration system (which forms an integral part of this agreement) where it will receive all Notice and Court processes. Notwithstanding same, any notices or correspondence delivered by email (or otherwise) actually received by the Customer or a representative thereof shall be deemed to have been properly delivered.

  1. Costs
    • Should the Company as a result of any breach by you of these terms, at its own discretion, enlist the services of a registered Debt Collector to recover any outstanding amounts you shall be liable further for all costs occasioned as a result of such services be employed, in accordance with section 19 of the Debt Collectors Act (114 of 1998).
    • Should the Company further, at its own discretion, employ the services of an attorney to address any breach by you of any of the Company’s Terms, you shall be liable for all legal costs arising therefrom, at an attorney and client scale.
  2. Force Majeure

Any Order placed by you is subject to cancellation by the Company due to any force majeure from any cause beyond the direct control of the Company, including without restricting the generality of the aforegoing, inability to secure supply of the Product, labour, power, materials or supplies, or by reason of an act of God, war, civil disturbances, riot, state of emergency, strike, lockout, or other labour disputes, fire, flood, drought or legislation.

 

  1. General
    • The Terms apply to all sales, to the exclusion of any terms or conditions you may seek to impose.
    • The Company reserves the right to change these Terms and Conditions of Sale by publishing new terms on its website.
    • Save as aforesaid these terms may not be waived, changed or cancelled or amended by agreement, save in writing signed, not electronically, by the Parties.
    • Where any term hereof is found to be contrary to any law, the terms hereof shall not apply only to that limited extent.

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