TERMS AND CONDITIONS OF SALE
Effective Date: 12 December 2017
1. General Provisions
1.1 The following terms and conditions of sale (“Terms and Conditions”) apply to the offer and sale of products through the MAC COSMETICS SOUTH AFRICA website (the “Site”). These Terms and Conditions must be read together with the general terms and conditions that apply to the use of the Site, to be found at www.maccosmetics.co.za/terms-conditions.
1.2 To be eligible to purchase products on the Site customers must: (a) be at least 18 or, if minors, be duly authorized by their legal representative; (b) be consumers, meant as natural persons acting for purposes extraneous to their trade, business, craft and profession; and (c) hold a valid credit card.
1.3 This contract shall be executed in English and shall be governed by the law of the Republic of South Africa (“South Africa”), including, but not limited to, the Electronic Communications and Transactions Act 25 of 2002 (as amended) (“the ECT Act”) and the Consumer Protection Act 68 of 2008 (as amended) (“the CPA”).
2. Identification of the Vendor
2.1 The vendor is ESTEE LAUDER COMPANIES, South Africa
3.1 Information on products is available on the Site, and is provided in accordance with the ECT Act.
3.2 We will take all reasonable care to ensure that all details, descriptions, images of products appearing on the Site are correct at the time when the relevant information was entered onto the system; however, to the extent permitted by applicable law, we do not warrant that said details, descriptions, images of products are accurate, complete, reliable, current, or error-free.
3.3 The products described on the Site, and any samples thereof we may provide to the customer, are for personal use only. Customers may not sell or resell any of these products or samples thereof. We reserve the right, with or without notice, to cancel or reduce the quantity of any products or samples to be provided to the customer that, in our sole discretion, may result in the violation of these Terms and Conditions.
4.1 All prices indicated for products available via the Site are inclusive of VAT at the current rates and are expressed in South African Rand. Delivery charges shall be added to the price of the products and are indicated separately on the order form. For further information please also visit the Delivery section of the Site.
4.2 We regularly verify that all the prices displayed on the Site are correct, however, we cannot guarantee the absence of errors. In the event that an obvious error in the pricing of a product is detected, we will offer the customer the opportunity to purchase the product at the correct price or to cancel the order.
5. Placing an Order
5.1 The customer will be guided through the process of placing an order by a series of simple instructions on the Site.
5.2 To place an order, the customer must type in the quantity of product he/she wishes to purchase up to four (4) products of any single product, with a maximum purchase of R5,000 per customer.
5.3 Customer must click “Add to bag” to place the product selected in the desired quantity in the shopping bag. At any time during shopping customer may review the products in the shopping bag by clicking on “Checkout” of each page. Customer may save a product as favorite, by clicking on “move to favorites” below the product name. The product will then be moved to customer’s favorites section in “My Account”. To access customer’s favorites from any computer, customer must register or sign in with his/her account.
5.4 Customer must follow the onscreen instructions to proceed through the checkout process. The customer may always correct any errors in data he/she has entered, change the shopping bag contents, by adding or removing one or more products from the shopping bag, or cancel the entire order during checkout before sending his/her order. By submitting an order, the customer acknowledges and declares that he/she has read all the instructions provided during the checkout process and fully accepts these Terms and Conditions. The customer places an order request for products via the Site by clicking on the Submit button at the end of the order process.
5.5 After an order has been submitted, a “Thank You” page will be displayed, and the customer will receive shortly an email confirming receipt of the order. In accordance with the provisions of the ECT Act, the email confirming receipt of the order contains a summary of the Terms a Conditions, information on the essential characteristics of the purchased products, a detailed indication of the price and means of payment, information on delivery charges, information on the conditions and methods to exercise the right of withdrawal, the address to which complaints may be addressed, information on support services and on existing commercial warranties.
5.6 If an order confirmation does not arrive within 24 hours after submission, customer may contact us at 0800 39 00 13 for assistance
5.7 If customers have any questions or concerns when placing an order or if they wish to enquire about a previously placed order, they may contact us at 0800 39 00 13 or via email at the following address email@example.com. For fastest service, customers are invited to keep their order number available.
6. Offer Codes
6.1 To redeem an offer code, customers must enter their code into the “offer code” box during the checkout process on the website. Offer codes are case sensitive and should be entered exactly as they appear.
6.2 When an offer code is accepted, the offer will be displayed in the “Order Review”.
6.3 One offer code may be used per order.
7. Payment Options
7.1 Customers may pay for the products by credit card. The following credit cards are accepted for payments:
7.2 We do not accept credit cards with billing addresses outside of South Africa.
7.3 Customers will have funds not be charged for any product until it is shipped.
7.4 For customer’s security, customer’s billing name and address must match that of the credit card used for payment. We reserve the right to cancel any order that does not match these criteria.
7.5 All credit card holders are subject to validation checks and authorization by the credit card issuer. If the issuer of customer’s payment card refuses or does not, for any reason, authorize payment to us, whether in advance or subsequent to a payment, we will not be liable for any delay or non-delivery.
8. Order Inquiries
8.1 Generally products are shipped within 5 TO 7 days of receipt of an order. For any shipping information customers may contact us at 0800 39 00 13 or via email at the following address: firstname.lastname@example.org
8.2 Customers can check the status of their most recent orders by visiting the Order Status page into the My Account area. This is the easiest and fastest way to get the most current information regarding customers’ orders.
8.3 When the customer clicks on Order Status page, he/she will be prompted to log in with his/her email address and password. An order summary page will provide the customer with detailed information about his/her current and past orders. After an order is shipped, the relevant tracking number, if available, will be displayed. Customers can track the delivery status of the order with our courier by clicking on “Dispatched” under the Order Status header. Some carriers may not have tracking information available for up to 24 business hours after the order is shipped.
8.4 Occasionally, orders or parts of an order are cancelled by our system for various reasons. Some reasons are:
- Item(s) not available
- Impossibility in processing payment information
- Cannot deliver to address provided
- Duplicate order was placed
- Cancellation due to a customer request
8.5 If an order is cancelled, the customer will receive an email to explain the reason for the cancellation. Customers will not be charged for any cancelled orders. If the customer is interested in placing a new order or if the customer has any questions about a cancelled order, he/she may contact us at 0800 39 00 13 or via email at the following address: email@example.com
9.1 Orders are processed and delivered on working days only (Monday through Friday, excluding bank holidays). Orders placed on Saturday and Sunday will be processed on the following working day.
9.2 We are unable to process orders to a P.O Box address.
9.3 Shipping charges shall be borne by the customer and are indicated separately on the order form and into the delivery note. There are no shipping charges for purchases over the amount we may display on the Site.
9.4 In accordance with the requirements of the ECT Act and the CPA, the products shall be delivered within 30 (thirty) days from the day following that of the order placement by the customer, unless we notify the customer, including by email, within the same term, of the ordered products being unavailable, including temporarily unavailable.
10.1 We are committed to offering customers the finest cosmetic products available. If the customer feels the products he/she received from us do not meet this expectation, pursuant to the “cooling-off” provisions of the ECT Act, the customer has the right to withdraw from the contract, without specifying any reason, within 7 days of the date the products were received.
10.2 Notification of customer’s intention to exercise the right of cancellation can be done by emailing us at firstname.lastname@example.org with customer’s order details, including customer order number and the description of the products which are being returned. Within the order packaging, the customer will find a dispatch note with details of the order together with details of our returns process. If the products listed on the dispatch note do not match those contained in your delivery, the customer shall notify us immediately by calling 0800 39 00 13
10.3 Our Customer Service will then issue the customer with an authorization number and an email confirmation. Customer is invited to retain a note of his/her authorization number for future reference with Customer Service with regards to this matter.
10.4 If the customer returns products for reasons other than defects in the products, or incomplete or incorrect delivery, he/she will be required to arrange and pay for the direct costs of the return of the products to us.
10.5 Upon exercising the right of cancellation, we undertake to reimburse the customer the full price of the products within thirty (30) days of the date of receipt of the cancellation, provided that they are shipped back unused and undamaged, to the extent that they have been kept and used with all due care and attention. Refunds will only be made against the original credit card used. We will send to the customer a notification email once the reimbursement has been made.
10.6 It is strongly recommended that the parcel be sent by a recorded delivery service (one that requires a signature upon receipt). We cannot be liable for returned products lost in transit.
10.7 The above provisions are only applicable to purchases made online. Products purchased at a store will be subject to the return policy of each store. Returns or exchanges for purchases made in a MAC COSMETICS store may not be returned or exchanged to MAC COSMETICS Online. Returns for purchases made online will not be accepted for return or exchange at a MAC COSMETICS store.
11. Faulty or defective products
11.1 In case of faulty or defective products pursuant to the CPA, the legal guarantees established by the CPA will apply. The customer has the right to return the products within 6 (six) months of the date of purchase provided that the products have been used for their intended purpose and they have been cared for according to any instructions that accompanied the products. We may in certain instances require an assessment of the goods returned. We will either repair or replace the products or refund you in the same way that you paid for the goods. If in our assessment you have not adhered to the use and care instructions, we will refuse to accept return thereof.
12. Applicable Law and Jurisdiction
12.1 These Terms and Conditions are governed by South African law and must be interpreted in accordance with South African laws.
12.2 Any disputes arising from the interpretation, validity and/or execution of these Terms and Conditions shall be subject to the jurisdiction of the competent court of the place of residence or domicile of the customer and/or the National Consumer Commission and/or the National Consumer Tribunal, if applicable, and as the case may be. Complaints or concerns about the protection of personal information may be subject to the jurisdiction of the Information Regulator established under the Protection of Personal Information Act No. 4 of 2013.
13.1 For any information and support on products and methods of purchase through the Site the customer may contact us by email to email@example.com or by post to the following address:
MAC Cosmetics Online C/S Department
PO Box 786132