Terms and Conditions for Skin Confidence and Lamelle
Definition of Terms
Unless where specifically stipulated otherwise or where context provides otherwise the following terms mean –
>>‘this Website’, ‘the Website’, ‘our Website’ refers to www.skinconfidence.co.za or www.lamelle.co.za
>>‘you’, ‘your’, ‘yours’ ‘patient’, ‘customer’, ‘purchaser’, ‘user’ refer to you
>>‘skin confidence’ equally refers to ‘Lamelle’
>> ‘loss’ means any damage, detriment, or suffering whether pecuniary or non-pecuniary and whether direct or indirect or consequential, incurred by you flowing from the act or omission of Lamelle/SkinConfidence in the ordering, purchasing and delivery of products purchased on our website.
>> ‘products’ mean product range, whether for internal or external use, which are sold on our website
>> ‘private policy’ means the privacy policy as developed by Lamelle and incorporated in this Terms and Conditions
>> ‘tampered product’ means carton has been opened or seal opened; in the case of a tube or jar or bottle, means jar or tube or bottle is broken and the product is leaking; or product is splitting; or product discolouration; or product has awful smell.
1. Introduction
- www.skinconfidence.co.za (hereinafter the Website or this Website) is operated and owned by Lamelle Research Laboratories (hereinafter Lamelle), a Closed Corporation registered and incorporated in 2005 in the Republic of South Africa with registration number 2005/026197/23.
1.1 The purpose of this website is to enable patients who use Lamelle products access to the said products online as duly recommended by skincare practitioner accredited for Lamelle products or Lamelle stockists. Thus, this Website only facilitates ordering, purchasing, delivery and returns of Lamelle products with the use of prescription from the skincare practitioner or stockits, and it creates no relationship between the patient and Lamelle Research Laboratories.
1.2 For any queries regarding your product, contact your Lamelle skincare practitioner or stockist as this Website only facilitates purchasing, ordering, delivery and returns of your order.
1.3 Based on 1.1 above, the use of this Website is therefore intended exclusively by patients who have obtained recommendation from the skincare practitioner duly accredited for Lamelle skincare products or Lamelle stockists.
1.4 In line with the clauses above, you undertake that you will not purchase products for resale.
1.5 By accessing and/or using this Website (www.skinconfidence.co.za) or www.lamelle.co.za, placing an order on this Website, opting-in to our electronic marketing, subscribing to our newsletter including that of our partners, sending us an email or sending any form of electronic communication to us, you agree to be legally bound by these Terms and Conditions, and you will be bound by these Terms and Conditions even if you access this Website through other links and/or affiliate links.
1.6 Since purchasing products from this Website and/or using this Website creates obligations on your end, you warrant that you are eighteen (18) years old and above or you have the consent from your legal guardian.
1.7 It is your responsibility to contact Lamelle at info@lamelle.co.za or info@skinconfidence.co.za to explain any clause or term that you may not understand in these Terms and Conditions as they are binding on you.
2. Purchasing of Products on this Website
2.1 Lamelle products are exclusive products and only available through Lamelle stockists. Accordingly, and in line with clauses 1.1 and 1.3 above, only patients who have recommendation with a unique code and/or URL from the stockist or skincare practitioner can purchase skincare products from this Website.
2.2 To access this Website to purchase Lamelle products, you will need to register online to create an online account wherein you shall provide your names, and your contact details, which include your email address and/or mobile phone number and your physical address.
2.3 For this online account, you shall create username and password, which you shall not share with any third party. It is your responsibility to ensure safekeeping of your account details.
2.4 Lamelle shall not be responsible for any breach of privacy in respect of your personal information and loss of any nature resulting from your failure to protect your username and password as expected from you in accordance with section 2.3 above.
2.5 To ensure security of your account, you undertake to always use correct username and password. Should you forget your username and/or password, it is your responsibility to reset your username and/or password using either your registered email and/or mobile number that you used for clause 2.2 above when creating your online account on this Website.
2.6 Should you not reset your username and/or password, your account shall be blocked after three failed entries in which case you shall unblock it using your email address and/or your mobile number registered on your online account for this Website.
2.7 Once logged on, you shall use a unique URL or code provided to you by your skincare practitioner or stockist who is accredited for Lamelle products to place an order.
2.8 You acknowledge that placing product in the cart does not amount to placing an order and/or conclusion of sale agreement; thus, an order is complete when you have paid for your products, and you receive a confirmation email or SMS of your order.
2.9 You agree that you shall not hold Lamelle or your skincare practitioner or stockist responsible should you add products that were not recommended to you by your skincare practitioner.
3. Product availability
3.1 All products, whether on sale or promotional items, displayed on this Website are subject to availability despite that we take all effort to ensure stock availability.
3.2 Regarding promotional items, we will take all reasonable effort to end the promotion without notice to you once the promotional stock has run out.
3.3 Should the product that you have ordered not be available, we will inform you within 30 days from the date in which you placed an order, and you are entitled to reimbursement.
3.4 Lamelle reserves a right to change product appearance, which may be product name and/or packaging at any time without notice to you; therefore, you may receive goods that have different packaging or name from the ones you saw when you placed your order but the chemical properties of the product will be the same unless otherwise modified as part of product enhancement.
3.5 You acknowledge that product price may change without prior notice to you.
4. Product Pricing and Delivery Costs
4.1 All our products are priced in Rands and cents.
4.2 All our products are subject to Value Added Tax (VAT) currently valued at 15% and the delivery fee, the latter being calculated upon check-out according to your location.
4.3 Delivery will be within 30 days.
4.4 We reserve the right to change product and delivery prices without notice to you.
4.5 Whereas we take every effort to have correct prices on all our products, we cannot warrant that prices are free of errors.
4.6 In the event that there is an error on the price of the item that you have ordered and that the correct price is higher than the one erroneously displayed, you undertake to pay the shortfall. Should you not be willing to pay the shortfall, you have a right to cancel the order and we will refund you the price paid by you free of any administration charge. Likewise, if the correct price is lower than the price erroneously displayed, you will be refunded the difference.
5. Payment of your product(s)
5.1 You understand and accept that Lamelle uses Third Party (Peach Payments), which Lamelle’s trusted service provider dealing with processing of payment for your order, in which case you undertake to be bound by Peach Payments’ Terms and Conditions including their Privacy Policy in respect of your card details or any details of payment method of your choice.
5.2 When paying for products, you therefore consent to be redirected to the gateway payment page operated by Peach Payments.
5.3 For any refunds, you undertake that you shall deal directly Peach Payments as Lamelle does not process payments made on this Website. You understand that refunds can only be made to the payment method used when placing your order.
5.4 Lamelle does not have access to your confidential banking information, only our payment partner – Peach Payments has access to such information such as your card number, expiry dates and CVV number of your card, usually a three-digit number printed at the back of your card.
5.5 Only the following payment methods are accepted when purchasing goods on this Website: Visa, MasterCard, American Express and Diners debit cards, credit cards, instant EFT, zero pay and gift vouchers.
6. Gift Vouchers
6.1 As part of our promotional strategy, Lamelle may give out vouchers to patients of our skincare practitioners or stockist. These vouchers may be sent via SMS, email, newsletter, and other related forms of communication and/or e-media.
6.2 Our vouchers are either for a percentage of total Rand value of your goods for one single order such as 15% or they can be for a set amount such as R100 or R200.
6.3 All our vouchers have an expiry date, usually six months. You can only use and/or redeem your voucher when purchasing products on this Website within their validity dates. You cannot use a voucher to purchase a gift voucher.
6.4 You cannot exchange vouchers for cash money neither can you transfer your voucher.
6.5 You can only use a voucher once and ensure that the full amount is spent in that single transaction as any positive balance in your voucher cannot be redeemed for cash.
6.6 You can only use one voucher per transaction.
6.7 Lost, damaged or stolen vouchers cannot be replaced.
6.8 When redeeming your voucher and/or paying with your voucher, the value of the voucher will be deducted at checkout and the balance, if any, will be settled through your chosen method of payment such as debit/credit card or instant EFT.
6.9 Where you have used a voucher to purchase products and you cancel the order subject to clause 7 below, we will re-issue the voucher with the same terms and conditions including the same expiry date.
6.10 During the time that you have not yet redeemed your gift voucher, it does not accrue interest.
6.11 You may purchase a voucher on this Website for yourself or a third party. All the above conditions under this Clause apply except that this type of voucher is valid for twelve (12) months.
6.12 Any gift voucher that you purchase on this Website will be sent to you by email through your registered email address or to the email address of the recipient that you choose.
7. Cancellation of your order and refunds
7.1 You have a right to cancel your order from your order page on this Website, free of charge, before your order is packaged at the Warehouse, and this is before you receive an email or SMS notification that your order is being prepared. You agree that an email or SMS notification is regarded as you having read the contents of that SMS or email.
7. Cancellation of your order and refunds
7.1 You have a right to cancel your order from your order page on this Website, free of charge, before your order is packaged at the Warehouse, and this is before you receive an email or SMS notification that your order is being prepared. You agree that an email or SMS notification is regarded as you having read the contents of that SMS or email.
7.2 Should you cancel the order after receiving notification that your order is being prepared but before receiving notification that your order has been dispatched, you are liable to administration fee equal to 10% of the total price of your order, which will be deducted when refunding you.
7.3 You consent that you cannot cancel the order after it has been dispatched.
7.4 Lamelle reserves a right to refuse or cancel your order for whatever reason with notice to you and refund you all the monies you have paid for your cancelled order.
7.5 In the event that we cancel your order, you will be refunded within 10 days from the date of notifying you of cancellation.
7.6 Lamelle bears no responsibility for any damage, loss or harm suffered by you because of cancellation of your order and/or refusal to process your order.
8. Delivery of your order
8.1 You undertake to provide an up-to-date and correct physical address to which your order will be delivered.
8.2 Delivery shall be made to your door – no delivery to P.O. Box shall be permitted.
8.3 We use a Third Party – First Freight – as our delivery partner to deliver your orders. You therefore acknowledge and agree that First Freight will deliver goods to you; and as such, you are bound by their Terms and Conditions of delivery including their Privacy Policy in respect of processing of your names, delivery address and information regarding contents of your package.
8.4 Our partnership with First Freight is based on the agreement that delivery of your order shall be made to you within legislated 30 days of you receiving a confirmation email or SMS that your order is successfully placed with us. We only send confirmation email or SMS of your order after we receive payment notification of your order, the duration of which varies depending on your payment method.
8.5 You will receive a notification of delivery date prior with waybill number, which you shall use to track or make an enquiries relating to your delivery.
8.6 You undertake to ensure safety of delivery staff at your premises when delivering your goods.
8.7 Any queries relating to delivery must be sent to First Freight at lamelle@ffmedical.co.za
9. Returns
9.1 Given the nature of our products and the handling that is required for their optimal results, returns can only be done on either of the three grounds: expiring/expired goods or incorrect order delivered to you or damaged product.
Expiring or Expired Goods
9.2 All our products have an expiry date, which is printed on both the product itself and on the cartoon.
9.3 When using our products in accordance with the prescription given to you by your skincare practitioner or stockist, any product should be finished after thirty (30) days or sixty (60) days from the date of first use.
9.4 Whereas we take every effort to ensure that products have at least three (3) months into the expiry date when delivered to you, you have a right to return products that are expiring, which means less than three months into the expiry date or products that have passed expiry date.
9.5 When returning expiring or expired products, you are required to log a return on your order page within ten (10) days of receiving your order, and we will arrange and communicate collection date with you by email or SMS. Should you not log a return within 10 days of receiving expiring or expired product, we cannot guarantee to replace the products.
9.6 From the date of collection of the expiring or expired product from you, we will deliver replacement products within ten (10) days at no cost to you.
9.7 You cannot return a product that is significantly used on the ground that it is expiring or expired.
Incorrect Order
9.8 While we ensure that a correct order is delivered to you, we cannot warrant that incorrect order may not be delivered to you. Should you receive an incorrect order, you are under an obligation to log a return on your order page within ten (10) days of receiving the order, select ‘incorrect order’ from the drop-down menu and we will arrange and communicate collection date with you within ten (10) working days.
9.9 We undertake to deliver the correct order to you within ten (10) days from the date of collecting the products erroneously delivered to you.
9.10 Should you use the products that are incorrectly delivered to you, you undertake to pay the shortfall of the price incorrectly delivered to you if applicable and you undertake not hold your skincare practitioner or stockist or Lamelle liable for any harm or damage caused to you by usage of such incorrect order.
Damaged Product(s)
9.11 All our products are sealed for your safety.
9.12 Should you receive a tampered product, you are required to log a return on your order page and select ‘damaged product’ from the drop-down menu within ten (10) days of receiving your order.
9.13 We will arrange and communicate collection date of damaged products within ten (10) days of receiving your query and replace with a sealed product within ten (10) days of collecting the damaged product from you.
10. Record Keeping
10.1 We keep your profile active until such that time that you delete it, in which case, it will remain on our databases for a period of twelve months from the date of deletion unless you notify us otherwise.
10.2 Under no circumstances do we keep or store your confidential payment details on our system. See also clause 5 above.
10.3 Records of your past purchases are kept in our database for a period of twelve (12 months). On your order page, click order history and all your order details for the past 12 months will appear, and you are able to view or print this information. After a period of 12 months for every order, the concerned transaction/order gets deleted from our Website and you bear the responsibility of keeping records of such transaction/order.
10.4 For every purchase, we include an invoice in your package for delivery.
11. Electronic Communication
11.1 By using and/or accessing this Website or www.lamelle.co.za or registering your profile or creating an account on this Website or http://www.lamelle.co.za or purchasing products from this Website or signing up to our Newsletter or opt-in to marketing communication, or send any communication to @lamelle.co.za or @skinconfidence.co.za, you agree to receiving electronic communication from Lamelle/SkinConfidence or from our partners whom we have strategic marketing with.
11.2 You have a right to opt-out of receiving electronic communication at any time.
12. Website Functionality and Conditions of Use
12.1 This Website uses cookies for its proper functioning, and they are generally used by websites to enhance user experience.
12.2 We therefore use cookies to make our Website user-friendly to you by identifying you with a particular device; provide personalised marketing to you; suggest products based on your past orders or products you viewed or information we have on you although you may still have to discuss product suggested to you on this Website with your skincare practitioner or stockist for assessment and recommendation.
12.3 We will not use your personal information as obtained through cookies in any manner other than as stated in clause 12.2 above without your permission.
12.4 By using and/or accessing this Website, you therefore accept use of cookies and the purposes for which they are used as stated in clause 12.2 above.
12.5 You undertake that you shall not create links to this Website and that you shall not modify any content on this Website. You also undertake that you shall not use any device or software to gain access to this Website with a view to access our databases, modify content or interfere with the functioning of this Website.
12.6 Should you access this Website from outside of the borders of the Republic of South Africa, you undertake to ensure compliance with the local laws. However, use of this Website from the jurisdiction that limits any clause of these Terms and Conditions is prohibited.
13. Change or Modifications to These Terms and Conditions
13.1 We reserve a right to change these Terms and Conditions at our discretion without notice to you.
13.2 The new Terms and Conditions will be effective once displayed on this Website and they are legally binding on you upon use and/or access to this Website.
13.3 You undertake to visit this Website regularly to view if there are modifications to these Terms and Conditions.
14. Intellectual Property Rights
14.1 Any content, graphics, designs, logos, tables, photos, video clips, podcasts, databases and any work on this Website that is protected under copyright or trademarks laws of the Republic of South Africa are an intellectual property of Lamelle.
14.2 You will not acquire any right, title or interest in or to this Website or its contents thereof.
14.3 You therefore undertake not to use or copy any of the intellectual property works without obtaining license from Lamelle.
15. Complaints
15.1 Any complaints relating to ordering and/or purchasing of products from this Website, delivery of goods and the status of goods/products when they arrived to you should be directed at info@skinconfidence.co.za.
15.2 When you log a complaint, you must use your order number as a subject line.
15.3 Alternative, you can log a complaint on your order page by clicking complaints and select the nature of complaint from dropdown menu and enter details of your complaint sufficiently.
15.4 We endeavour to attend and/or resolve complaints within three (3) days of receiving any such complaint.
16. Jurisdiction
16.1 All disputes are subject to these Terms and Conditions.
16.2 You agree that should you or Lamelle or skincare practitioner or stokcist or our partners wish to lodge a case in relation to ordering, purchasing, delivering, returns and refunds of goods purchased on this Website, only the laws of the Republic of South Africa are applicable.
16.3 Without limiting the generality of the jurisdiction of the High Court of South Africa, you agree and submit yourself to the non-exclusive jurisdiction of the South Gauteng High Court situated in Johannesburg despite your location and despite that the quantum from the ensuing dispute could be less than one required for jurisdiction of the High Court.
17. Termination
17.1 Should you be dissatisfied with our service, you have a right to terminate your relationship with Skin Confidence, which is a platform that enables you to purchase your Lamelle products online, subject to clause 7 above. You can therefore purchase your products physically from your skincare practitioner or stockist.
17.2 We reserve a right to refuse your order, cancel your order with notice to you and refund you accordingly.
17.3 We reserve the right to change, modify or terminate these Terms and Conditions or part thereof without notice to you.
17.4 We reserve a right to terminate this Website without notice to you, but we will ensure delivery of goods or products that you purchased before we terminated our Website.
18. General Disclaimer and Indemnification
18.1 Whereas we take every precaution to ensure correctness of the information displayed on this Website, we do not warrant that information displayed on this Website is free of errors. Therefore, you agree not to hold Lamelle, its employees, and your skincare practitioner or stockist liable for any damage or loss resulting from errors that may be on this Website.
18.2 The information provided for on this Website is on an ‘as is’ basis.
18.3 We cannot guarantee that the services provided for on this Website will not be uninterrupted.
18.4 Lamelle takes every effort to ensure compliance with Electronic Communications and Transaction Act (ECTA) as well as the Consumer Protection Act (CPA) of 2008 and Protection of Personal Information Act of 2013. However, you use this Website at your own risk and Lamelle disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.
18.5 You agree that you shall not hold Lamelle and its partners liable for unauthorised use and access of your personal information data stored on this Website.
19. Force Majeure
19.1 Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or manmade eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.