Terms and Conditions
1.1 This website can be accessed at www.lalush.co.za (“the Website“) and is made available by La Lush Online (Pty) Ltd (“the Company“, “we“, “us” and “our“).
1.2 These Website Terms and Conditions (“Terms and Conditions“) govern the sale of Goods (as defined below) and the use of the Website.
1.3 These Terms and Conditions are binding and enforceable against every person (“you“; “your” or “user“) that accesses or uses this Website or registers as a user as contemplated below. By using the Website and by clicking on the “Register Now” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
1.4 The Website enables you to shop online for an extensive range of goods that are for adults only (+18 years of age) (“Goods“).
2. Important Notice
2.1 These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (“the CPA”).
2.2 Terms and Conditions contain provisions that appear in similar text and style to this clause and which –
- may limit the risk or liability of the Company or a third party; and/or may
- create risk or liability for the user; and/or may
- compel the user to indemnify the Company or a third party; and/or serves
- as an acknowledgment, by the user, of a fact.
2.3 Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
2.4 If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask the Company to explain it to you before you accept the Terms and Conditions or continue using the Website.
2.5 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 the Company in terms of the CPA.
2.6 The Company 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.
3. Registration and use of the website
3.1 Registered users, as well as guests, may purchase Goods on the Website.
3.2 To register as a user, you must provide a unique username and password and provide certain information and personal details to the Company. You acknowledge that you will use your unique username and password to access the Website and to purchase Goods.
3.3 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.
3.4 For security purposes you agree to enter the correct username and password whenever purchasing Goods, failing which you will be denied access.
3.5 You agree that the Company will accept and process your order for Goods once the correct username and password have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent and that you will be liable for payment of such order.
3.6 You agree to notify the Company 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.
3.7 By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity.
3.8 You agree that you will not in any way use any device, software or other instruments 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 Company representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
3.9 You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
3.10 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 Company representative.
4. Ownership and copyright
4.1 The contents of the Website, including any material, information, software, icons, text, graphics, layouts, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“Website Content“) are protected by law, including but not limited to copyright and trademark law. The Website Content is the property of the Company, its advertisers and/or sponsors and/or is licensed to the Company.
4.2 You will not acquire any right, title or interest in or to the Website or the Website Content
4.3 Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law. Where any of the Website Content has been licensed to the Company or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.
5.1 The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from the use of the Website or reliance on any information on the Website.
5.2 Whilst the Company takes reasonable measures to ensure that the content of the Website is accurate and complete, the Company makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website.
5.3 The Company disclaims liability for any damage, loss or liability, 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.
5.4 Although Goods sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
5.5 Any views or statements made or expressed on the Website are not necessarily the views of the Company, its directors, employees and/or agents.
5.6 In addition to the disclaimers contained elsewhere in these Terms and Conditions, the Company also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of the Company, its employees, agents or authorised representatives. The Company thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in connection with your access to or use of the Website.
6. Linked third party websites
6.1 This Website may contain links or references to other websites (“Third Party Websites“) outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and the Company is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.
6.2 Notwithstanding the fact that the Website may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained therein.
7.1 We respect your privacy and will take reasonable measures to protect it, as more fully detailed below.
7.2 Should you decide to register as a user on the Website, we may require you to provide us with personal information which includes but is not limited to your –
- name and surname
- email address;
- physical address;
- mobile number; and
- date of birth.
7.3 Should your personal information change, please inform us and provide us with updates to your personal information as soon as reasonably possible to enable us to update your personal information.
7.5 You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
7.6 The purposes for which we will use your personal information are as follows:
- in relation to the sale and delivery of Goods;
- to contact you regarding current or new products or services (provided you have consented to receive such marketing material);
- to inform you of new features, special offers and promotional competitions (provided you have consented to receive such marketing material); and
- to improve your experience on our Website by, inter alia, monitoring statistical non-personal browsing habits, and to transact with us.
7.7 The Company will not use your personal information for any purpose (other than as stated above) without your express consent. We will not use or disclose your personal information to third parties without your consent unless the use or disclosure is –
- required in order to comply with applicable law, an order of the court or legal process served on the Company; and/or
- disclosure is necessary to protect and defend the rights or property of the Company.
7.8 We will be entitled to disclose your personal information to those of our employees and/or third-party service providers who assist us to interact with you via our Website or email, for the sale of Goods or when delivering Goods to you, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently. We will ensure that all such employees and/or third-party service providers having access to your personal information are bound by appropriate and legally binding confidentiality and non-use obligations in relation to your personal information.
7.9 We will –
- treat your personal information as strictly confidential;
- take appropriate technical and organizational measures to ensure that your personal information is kept secure and is protected against unauthorized or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
- provide you with access to your personal information to view and/or update personal details;
- promptly notify you if we become aware of any unauthorized use, disclosure or processing of your personal information;
- provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request; and
- upon your request, promptly return or destroy any and all of your personal information in our possession or control.
7.10 We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.
7.11 The Company undertakes never to sell or make your personal information available to any third party unless we are compelled to do so by law. In particular, in the event of fraudulent online payment, the Company reserves the right to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.
7.12 Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorized or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.
8. Limitation of liability
8.1 The Company cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of the Company, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of email to [email protected]
8.2 THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, THE WEBSITE OR THE CONTENT CONTAINED IN THE WEBSITE; OR YOUR INABILITY TO USE THE WEBSITE, AND/OR UNLAWFUL ACTIVITY ON THE WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
8.3 YOU HEREBY INDEMNIFY THE COMPANY AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
9. Changes to these terms and conditions
9.1 The Company may, in its sole discretion, change the Terms and Conditions or any part thereof at any time and a notice of such change in the Terms and Conditions will be provided to you, either via email and/or by display on the Website. Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such updated or amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such updates or amendments.
10. Availability and termination
10.1 We will use reasonable endeavors to maintain the availability of the Website, except during scheduled maintenance periods, and reserve the right to discontinue providing the Website or any part thereof with or without notice to you.
10.2 The Company may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that the Company will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time and to the extent possible.
10.3 If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Goods, and you fail to remedy such failure within 7 (seven) days of notice to you by us, this may (in our sole discretion) lead to a suspension of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.
11. Terms and conditions of sale
11.1 Registered users, as well as guest users, may place orders for Goods as long as the Goods are available and have not been sold out.
11.2 An agreement of sale between you and the Company will come into effect upon completion of an online order summary on the Website, payment or payment authorization being received by the Company to the satisfaction of the Company and by delivery of the Goods to you.
11.3 You acknowledge that stock of all Goods on offer is limited. When Goods are no longer available the Company will notify you and you will be entitled to a refund of the amount paid by you for such Goods. Whilst the Company will take all reasonable efforts to monitor stock levels, we cannot guarantee the availability of stock and we will only be liable for delivery of the Goods when the Goods are available. Should the Goods no longer be available, you shall be entitled to either be credited or refunded for any payments already made by you.
12.1 We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
12.2 Payment can be made for Goods via –
- debit card;
- credit card: where payment is made by credit card, we may require additional information in order to authorize and/or verify the validity of payment. In such cases, we reserve the right to withhold delivery until such time as the additional information is received by us and authorization is obtained by us for the amounts. If we do not receive authorisation your purchase of the Goods will be canceled. You warrant that you are fully authorized to use the credit card supplied for purposes of paying the Goods. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;
- direct bank deposit or electronic funds transfer: if you pay via direct bank deposit or electronic funds transfer, payment must be made within 24 hrs of placing your order. The Company will not execute the order until receiving confirmation that payment has been received;
- Instant EFT
12.3 You may contact us via email at [email protected] to obtain a full record of your transaction. We will confirm all your purchase orders with you via email.
12.4 Once you accept these Terms and Conditions, you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.
13. Delivery of goods
13.1 The Company offers 3 (three) methods for the delivery of goods to you. Delivery via:
- Courier services
- Post Office to Post Office
- PostNet Branch to PostNet Branch
14.1 We shall take all reasonable efforts to accurately reflect the Goods, purchase price and delivery charges of Goods on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence) we shall not be liable to make good on a transaction based on any error apart from refunding any monies paid by you to the Company.
15. Electronic communications
15.1 When you visit the Website or send emails to us, you consent to receive communications from us electronically.
16. Cancellation and refund
16.1 You are, in terms of section 44 of the Electronic Communications and Transactions Act 25 of 2002 (“ECT Act“) entitled to cancel, without reason and without penalty, your order for the Goods within 7 (seven) days of receipt of the Goods. In such an event –
- you will receive a full refund of the purchase price within 30 (thirty) days of the date of your cancellation of the order;
- you undertake not to open or utilize the Goods (because of hygiene issues no product that has been opened and used may be returned for a refund);
- your agreement of purchase will be deemed to have been canceled, and
- you will be liable in terms of section 44(2) of the ECT Act for the direct costs of returning the Goods, such as courier and/or shipping charges. If the Goods in question were procured from the “Import” section of our website from a third party affiliate supplier, you will also be liable for the direct costs incurred by us in returning the Goods to such third party affiliate supplier. You should note that your right to cancel your order for Goods without penalty set out in this clause, shall not apply where the Goods that you have ordered are newspapers, periodicals, magazines, and books, or where audio or video recordings or computer software were unsealed by you, or where goods are made to your specifications or are clearly personalized.
16.2 The Company 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 proceed with your order for the Goods or cancel your order. If you elect to cancel your order, we will reimburse you with the purchase price.
16.3 The Company may, in its sole discretion, accept the cancellation of an order by you, on sufficient cause shown and on a case by case basis. In which event the provisions set out in this clause 16 in respect of refunds and returns will similarly apply.
17.1 Goods may be returned only when defective, damaged or if the Goods supplied are not the same Goods as ordered. If the Goods are not the same as what was ordered this must be reported within 24 (twenty-four) hours of delivery. Any damage must also be immediately reported, within 24 (twenty-four) hours of delivery. Unfortunately, due to the nature of our products, we cannot accept opened, used or non-defective items for credit or exchange. We do not offer a “satisfaction guarantee” on any of the products.
17.2 If the Goods have been approved by us in accordance with the provisions of clause 17.1 for return, we will notify you and arrange (i) for our couriers to collect the item from you.
17.3 If you are returning Goods via courier you must package it carefully so that it does not become damaged en-route. Please include the Returns Request Number and a copy of your original invoice with any return.
18. Governing law and jurisdiction
18.1 These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
18.2 In the event of any dispute arising between you and the Company, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Johannesburg, South Gauteng High Court) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
18.3 Nothing in this clause 18 or the Terms and Conditions limit your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
19.1 The Company hereby selects 21 Waterson Street, Rynfield, Benoni as its address for the service of all formal notices and legal processes in connection with these terms and conditions of sale (“nominated address“). You hereby select the address specified on the Goods order form as your nominated address.
19.2 Either party may change its nominated address to any other physical address by not less than 7 days’ notice in writing to the other party.
19.3 Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English. All notices sent by –
- the hand will be deemed to have been received on the date of delivery;
- prepaid registered post will be deemed to have been received 10 days after the date of posting;
- 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;
- an 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.
20.1 The Company may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders already made by you.
20.2 You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
20.3 If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
20.4 No variation, addition, deletion, or agreed cancellation of the Terms and Conditions including this clause 20.4 will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
20.5 No indulgence, extension of time, relaxation or latitude which any party (“the grantor“) may show grant or allow to the other (“the grantee“) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
21. Site Security
PAYFAST – SECURITY POLICY
PayFast is committed to keeping you and your information secure. We have a multitude of checks in place to protect both buyers and sellers from fraudulent transactions.
- We use Extended Validation SSL with 256-bit encryption. Only two of the four major South African banks use this, the highest, level of encryption currently available.
- 3D Secure is in place for all credit card transactions.
- All sensitive info is encrypted within our own database.
- We run penetration testing on our system on a weekly basis to look for vulnerabilities. We are only required to do it once every three months, but we run it every week.
- Our entire site, blog and help site are served off secure servers, making it harder to perpetrate phishing attacks.
- We also have an excellent monitoring system that does, among other things: GEO IP tracking, velocity testing, BIN/IIN validation and checks against online databases.
HOW TO CHECK YOUR BROWSER SECURITY
- If you look at the location (URL) field at the top of the browser you will see it begins with https: instead of the normal HTTP:
- This means that you are in a secure (SSL) mode.
- You can also verify the security of a document by examining the security icon at the top-left hand corner of your browser. (Usually a lock and key padlock or a solid gold key depending on your browser and version). This is your assurance that your browser and our server are communicating securely. All information transmitted on our secure servers is encrypted while in transit so that even if the information is intercepted it is useless to anyone.