1. OVERVIEW

  1. These Terms of Use (“Terms”) govern your use of Dermal Health Science Pty Ltd’s website, located at https://www.dermalhealth.co.za, any affiliated websites, mobile applications, and services (the “Site”) provided by Dermal Health Science Pty Ltd (“Dermal Health Science™” or “we”). Please read these Terms before using or continuing to use the Site. Do not agree to these Terms unless you both fully understand and accept each provision.

  2. By using or continuing to use the Site, you represent and warrant that you understand, agree to, and accept all terms and conditions contained in these Terms.

  3. The Site is located within the Republic of South Africa.

  4. This website is operated by Dermal Health Science (pty) ltd. Throughout the site, the terms “we”, “us” and “our” refer to Dermal Health Science. Dermal Health Science offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

  5. By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

  6. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

  7. Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

 

2. ONLINE STORE TERMS

  1. By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

  2. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

  3. You must not transmit any worms or viruses or any code of a destructive nature.

  4. A breach or violation of any of the Terms will result in an immediate termination of your Services.

 

 

3. GENERAL TERMS

  1. We reserve the right to refuse service to anyone for any reason at any time.

  2. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

  3. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

  4. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

  5. Dermal Health Science™ provides the use of this Site, subject to your acceptance of these Terms, which govern your relationship with Dermal Health Science™. The term “you” or “You” or “User” or “Users” shall refer to any person or entity who views, uses, accesses, browses or submits any content or material to the Site.

  6. These Terms are entered into by and between Dermal Health Science™ and you, and you accept them by (a) using the Site in any manner; and/or (b) acknowledging agreement with these Terms. If you do not agree to these Terms, do not use the Site.

  7. If there is any provision in these Terms that you do not understand, it is your responsibility to ask Dermal Health Science™ to explain it to you before you accept these Terms or continue using the Site.

  8. To the extent that anything in or associated with the Site is in conflict or inconsistent with these Terms, these Terms shall prevail.

  9. Any express waiver or failure to exercise promptly any right under these Terms will not create a continuing waiver or any expectation of non-enforcement.

  10. If any provision of these Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of these Terms will remain in full force and effect.

  11. Dermal Health Science™ may amend these Terms from time to time. By accessing the Site you are bound to the Terms published on the Site at the time of any visit to and/or usage of the Site.

  12. These Terms apply to Users who may be consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”)

  13. These Terms contain provisions which may limit the risk or liability of Dermal Health Science™ or a third party and/or may create risk or liability for the User; and/or may compel the User to indemnify Dermal Health Science™ or a third party; and/or serves as an acknowledgement, by the User, of a fact.

  14. Nothing in these Terms is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation under the CPA.

4. ORDERS, PAYMENT, DELIVERY, AND ACCURACY OF BILLING AND ACCOUNT INFORMATION

 

  1. You may only place an order with us once you have registered on the Site and established a complete profile through which to place your orders.

  2. If you make payment via bank card when placing your order, upon receiving your order, your card will be debited when the relevant authorizations are confirmed. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched, the monies paid as a deposit shall be used as consideration for the value of goods you have purchased.

  3. Where payment is made by credit card, Dermal Health Science™ may require additional information in order to authorize and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by Dermal Health Science™ and authorization is obtained by Dermal Health Science™ for the amounts. If Dermal Health Science™ does not receive authorization, your order for the goods will be canceled.

  4. You warrant that you are fully authorized to use the credit card supplied for purposes of paying for 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 Site.

  5. If you pay via direct bank deposit or electronic funds transfer (“EFT”), payment must be made within 2 calendars days of placing your order on the Site. If proof of payment is not received, Dermal Health Science™ will cancel your order.

  6. Where Dermal Health Science™ accepts your order (and payment has been made via bank card or EFT), we will provide you with a dispatch notice and deliver the goods to you as soon as reasonably possible, but no later than within 10 calendar days of receipt of your payment (“Delivery Period”).

  7. Dermal Health Science™ will notify you if we are unable to deliver the goods during the Delivery Period. You may then, within 5 calendar days of receiving such notification elect whether or not to cancel your order for the goods. If you elect to cancel your order, we will reimburse you for the purchase price of the goods ordered.

  8. Dermal Health Science™’ obligation to deliver goods to you is fulfilled when we deliver the goods to the physical address nominated by you for delivery of the order.

  9. Dermal Health Science™ will provide a delivery notice to confirm that delivery to the nominated address has been carried out.

  10. Dermal Health Science™ IS NOT RESPONSIBLE FOR ANY LOSS OR UNAUTHORISED USE OF THE GOODS AFTER THE GOODS HAVE BEEN DELIVERED TO THE PHYSICAL ADDRESS NOMINATED BY YOU.

  11. Prior to delivery of the goods, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. Subsequent to delivery (or a delivery or dispatch notice) of the goods, you may cancel an order only if you return the goods in accordance with the Returns & Refunds provisions set out below.

  12. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

  13. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates so that we can complete your transactions and contact you as needed.

  14. For more detail, please review our Returns Policy.

5. PRODUCTS OR SERVICES

 

  1. The Site has been developed to allow you and other customers to view and purchase products from Dermal Health Science™ based upon a skin assessment that all Users undertake.

  2. Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

  3. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

  4. We reserve the right but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

  5. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

6. RETURNS AND REFUNDS

 

6.1.  OVERVIEW

  • This Returns Policy regulates the conditions and circumstances in which goods will be accepted for return and refund.

  • It also explains the process you need to follow in order to properly cancel a purchase, report a defect and/or arrange for a return.

  • You are not entitled to any refund, repair or replacement save to the extent that it is expressly provided for under this Return Policy.

  • Gift cards are non-returnable.

  • To complete your return, we require a receipt or proof of purchase.

  • Please do not send your purchase back to Dermal Health Science before a return authorization number has been issued to you.

  • Do not send your purchase to one of the Dermal Health affiliated practices without authorization from Dermal Health Science.

 

6.2. NON DEFECTIVE PRODUCTS

  • If you are unsatisfied with your purchase after receiving the Product, you may return it to Dermal Health Science™ within 30 (thirty) days of delivery, without reason and without penalty, in order to obtain a full purchase price refund, in accordance with the return procedure set out below.

  • Non-Defective Products that are returned will need to be in its original, intact and undamaged packaging without the seal broken in any way.

  • Products need to be returned at your own expense to our registered physical address as set out below. 

  • Products need to reach us within 30 (thirty) days after products were originally delivered to you.

  • Shipping fees from your original purchase are non-refundable.

  • Only regular priced items may be refunded, unfortunately, sale items cannot be refunded.

  • We do not offer exchanges on non-defective products.

  • Products must have been purchased directly from Dermal Health Science. We cannot accept returns of products purchased from other retail outlets. Please return those to the store where purchased.

 

RETURN PROCEDURE FOR NON-DEFECTIVE PRODUCTS

 

  • Complete and submit the Product Return Form online. The form can be found here.

  • Send products for return or exchange to:

Dermal Health Science™

Attention: Returns 

27 Malabor Rd North

Lynnwood Glen, 0081

South Africa 

  • You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable.

  • If you are shipping items worth over R1000, you should consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.

REFUNDS PROCEDURE FOR NON-DEFECTIVE PRODUCTS (if applicable):

  • Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.

  • If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.

  • If you haven’t received your refund after 30 (thirty) days of the refund approval notice, please contact us at support@dermalhealth.co.za.

 

6.3. DEFECTIVE PRODUCTS

  • Subject to s56 of the Consumer Protection Act No. 68 of 2008, (“the CPA”), if You have received a product from Dermal Health Science™ and found that the container (either plastic or glass), is defective or leaking, or if the pump or nozzle mechanism is defective, please submit a Product Return Form online within 30 (thirty) days of purchase. The form can be found here. 

  • Dermal Health Science™ will gladly collect the product at our own expense and provide you with a refund or replacement.

  • In order for a Product to be deemed defective, you will need to state the proper reason for the return, and include an explanation of the alleged defect. 

  • You must report any defect in the product as soon as it is discovered within the 30 (thirty) days timeframe. 

  • Products must have been purchased directly from Dermal Health Science. We cannot accept returns of products purchased from other retail outlets. Please return those to the store where purchased.

 

REFUNDS OR REPLACE PROCEDURE FOR DEFECTIVE PRODUCTS (if applicable):

  • Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund or replacement.

  • If you are approved, then your refund or replacement will be processed.

  • In the case of a refund, a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.

  • If you haven’t received your refund after 30 (thirty) days of the refund approval notice, please contact us at support@dermalhealth.co.za.

  • In the case of a replacement, your replacement product will be couriered to you at the expense of Dermal Health. You will receive a tracking number to track your parcel.

  • Depending on where you live, the time it may take for your exchanged product to reach you may vary.

  • If you haven’t received your replacement product after 30 (thirty) days of the replacement approval notice, please contact us at support@dermalhealth.co.za.

 

6.4. INCORRECT DELIVERIES

  • In cases where the return is as a result of the incorrect product being delivered on the part of Dermal Health Science™, this must be reported within 24 (twenty-four) hours after delivery.

  • Please submit a Product Return Form online that can be found here, or contact us via email or telephone. Our Contact details can be found here.

  • Dermal Health Science™ will gladly collect the product at our own expense and provide you with a refund or replacement.

 

6.5. ADVERSE REACTIONS

  • Dermal Health Science™ want consumers to enjoy using our products and want to know if someone experiences an adverse reaction from using one of our products.

  • Dermal Health Science™ products are formulated and manufactured in a facility regulated by the South African Pharmacy Council (SAPC), the regulator established in terms of the Pharmacy Act, 1974 (Act 53 of 1974). All product formulations are free from any known or common allergens. To ensure that you don't use a product that contains ingredients you are allergic or sensitive to, make sure to read the ingredient list on the product packaging before purchase or use. Our products contain active ingredients that can cause mild irritation of the skin upon initial use thereof. We thus recommend using these products not more than three times per week initially and then gradually increases to daily use. If you have developed a more severe reaction, please complete and submit the Adverse Reactions Form and/or contact our Customer Care line at +27 (0) 12 004 1791 or email support@dermalhealth.co.za and an experienced staff member will endeavor to resolve any adverse reactions.

  • Dermal Health Science™ oblige to protect, promote and maintain the health, safety, and wellbeing of our consumers and to ensure sustainable quality pharmaceutical grade aesthetic dermatological products to our consumers.

 

6.5.1 ADVERSE REACTIONS RETURN POLICY ON PRODUCTS BOUGHT AT A PRACTICE

  • Dermal Health Science works hard to ensure that you’re using the absolute best products for your skin. We want to be certain that you are completely satisfied with your purchase. As such, we have a 30-day money back guarantee on all products. It is always important to use products as directed on the label. In the rare instance, you've had an allergic reaction to a product in the past 30 days, please follow the below procedure:

  • Discontinue use of the product immediately.

  • Complete and submit the Adverse Reaction Form online. The form can be found here.

  • Upload a photo and supporting documentation explained in the report. A medical certificate from your Healthcare provider may be required to assist with our clinical investigation.

  • The relevant goods must be returned to the place of purchase at your own cost, within 30 (thirty) calendar days of purchase. Although Dermal Health Science will assist with your adverse reaction, products purchased from a Dermal Health dispensing practice can't be returned to Dermal Health Science directly.

  • Adverse reactions returns must be less than 20% used upon arrival back to the practice where products were purchased.

  • After Dermal Health received your completed Adverse Reaction Form and supported documentation, the practice will facilitate the return to Dermal Health Head office. 

  • After the Adverse Reaction has been investigated by the clinical team and the product(s) are returned as set out, you will receive a result on the findings within 30 (thirty) calendar days of our receipt of the returned product(s) and completed Adverse Reaction Form.

  • Refunds on Adverse reactions are judged on an individual basis subject to an investigation by the Dermal Health Science Clinical Team.

  • Please note that the product return process will be subject to the return policy of the particular practice.

  • An Adverse Reaction return cannot be processed without the information set out, and if this cannot be provided we will be unable to accept the return.

 

6.5.2 ADVERSE REACTIONS RETURN POLICY ON PRODUCTS BOUGHT FROM DERMALHEALTHSTORE™

  • Dermal Health Science works hard to ensure that you’re using the absolute best products for your skin. We want to be certain that you are completely satisfied with your purchase. As such, we have a 30-day money back guarantee on all products. It is always important to use products as directed on the label. In the rare instance, you've had an allergic reaction to a product in the past 30 (thirty) days, please follow the below procedure:

  • Discontinue use of the product immediately.

  • Complete and submit the Adverse Reaction Form online. The form can be found here.

  • Upload a photo and supporting documentation explained in the report. A medical certificate from your Healthcare provider may be required to assist with our clinical investigation.

  • The relevant goods must be returned to us, at your own cost, within 30 (thirty) calendar days of purchase.

  • Adverse reactions returns must be less than 20% used upon arrival back with us.

  • After the Adverse Reaction has been investigated by the clinical team and the product(s) are returned as set out, you will receive a result on the findings within 30 (thirty) calendar days of our receipt of the returned product(s) and completed Adverse Reaction Form.

  • Refunds on Adverse reactions are judged on an individual basis subject to an investigation by the Dermal Health Science Clinical Team.

  • An Adverse Reaction return cannot be processed without the information set out, and if this cannot be provided we will be unable to accept the return.

 

7. OPTIONAL TOOLS AND LINKING TO OTHER WEBSITES

 

  1. We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

  2. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

  3. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

  4. We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service. This Site may contain links or references to other websites (“Third Party Websites”) which are outside of our control, including those of advertisers. These Terms do not apply to those Third Party Websites and Dermal Health Science™ is not responsible for the practices and/or privacy policies of those Third Party Websites or the ‘cookies’ that those sites may use.

  5. Notwithstanding the fact that the Site may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and Dermal Health Science™ is 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 thereon.

  6. Dermal Health Science™ shall not be responsible for the contract or privacy policies of any websites to which the Site may link and shall not be liable in any manner whatsoever for any loss or damage that you may suffer as a result of the use of any linked access from the Site.

8. USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

 

  1. If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

  2. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

  3. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

9. ERRORS, INACCURACIES, AND OMISSIONS

 

  1. Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

  2. We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

10. PROHIBITED USES

  1. In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

11. INTELLECTUAL PROPERTY

 

  1. The contents of the Site, including any material, information, data, 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 Site (“Site Content”) are protected by law, including but not limited to copyright and trademark law. The Site Content is the property of Dermal Health Science™ or, in certain instances, of third parties who license such content to Dermal Health Science™.

  2. Dermal Health Science™ retains copyright in the Site and all current and future content displayed on the Site which is not owned by third parties.

  3. In terms of a limited licence, granted for general use, Dermal Health Science™ grants the User, subject to these Terms, a non-exclusive, non-transferable, limited and revocable right to access, display, use, download and otherwise copy the current and future content of the Site for your personal, non-commercial and informational purposes only.

  4. This Site and its contents may not be reproduced, duplicated, copied, resold or otherwise used for any commercial purpose without the express prior written consent of Dermal Health Science™.

  5. Dermal Health Science™ shall not be held responsible for any mistakes, omissions, interruptions or delays with regard to the content or any damage that results from your use of the Site.

12. YOUR OBLIGATION AND CONDUCT

  1. In consideration of your use of the Site, you agree:
    (a)    that you are of legal age and have the legal capacity to agree to these Terms (if you are under the age of 18, you acknowledge and confirm that you may not purchase any products from Dermal Health Science™ and may only access the Site under the supervision of your legal guardian);
    (b)   to provide accurate, current, and complete information about you as may be prompted by a registration form on the Site (“Registration Data”);
    (c)    to maintain the security of your password and identification;
    (d)    to maintain and promptly update the Registration Data and any information you provide to Dermal Health Science™, to keep it accurate, current and complete; and
    (e)   to accept all risks of unauthorized access to information and Registration Data.

  2. If you have sensitive skin, we recommend that you conduct a patch test before applying any Dermal Health Science™ products. If a patch test causes any adverse skin reaction, discontinue use immediately and see your doctor as soon as possible.

  3. You are entirely responsible for all content, including videos and photographs, that you upload, post, or otherwise, transmit through your use of the Site (“Content”). You agree not to upload, post or otherwise transmit Content that:
    (a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to Skin Ingredients or other users of the Site;
    (b)   includes unauthorized disclosure of personal information;
    (c)    violates or infringes anyone's intellectual property rights; or
    (d)    contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. Skin Ingredients reserves the right to edit or remove Content that violates these Terms, that contains third-party commercial advertisements, or for any other reason, it deems necessary.

13. CHOICE OF LAW

  1. The Site is owned and operated within the Republic of South Africa. Therefore, these terms and conditions are governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the Western Cape High Court in the event of any dispute.

 

14. ACCURACY COMPLETENESS, AND TIMELINESS OF INFORMATION

 

  1. While every effort is made to ensure that the information provided on the Site is current and accurate, you should not assume that this is always the case, and should consult other sources before making any decision to act on this information.

  2. The content on the Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Site.

  3. The Site may include information and materials uploaded by other users of the Site. This information and these materials have not been verified or approved by us. The views expressed by other users on the Site do not represent our views or values.

  4. No medical or health decision should be made based on any reviews or testimonials referred to on the Site. Furthermore, Dermal Health Science™ makes no warranty or representation, expressed or implied, as to the accuracy or sufficiency of the information contributed by outside sources, and assumes no responsibility or liability regarding the use of such information.

  5. Dermal Health Science™ do not warrant the performance, effectiveness or applicability of any materials listed or linked to on the Site.

  6. Products offered on the Site are not intended to diagnose, treat, cure, or prevent any disease.

  7. We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

  8. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site.

  9. You agree that it is your responsibility to monitor changes to our site.

15. MODIFICATIONS TO THE SERVICE AND PRICES

 

  1. Prices for our products are subject to change without notice.

  2. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

  3. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

16. TERMINATING THE USE OF THE WEBSITE OR SERVICES

  1. Dermal Health Science™ may in its sole discretion and at any time discontinue providing the Site or the services or any part thereof, with or without notice if Dermal Health Science™ believes that your conduct is in breach with or inconsistent with these Terms.

17. PRIVACY POLICY, ACCESS TO AND USE OF INFORMATION

 

  1. This Privacy Policy describes how your personal information is collected, used, and shared when you visit or make a purchase from https://dermalhealth.store; https://www.dermalhealth.co.za; www.dermaldiagnosis.com and any other affiliated websites; (the “Site”).

  2. We receive various types of information (“Information”) from You when You access the Website, including personal information as detailed in the Promotion of Access to Information Act (“PAIA”), Act 2 of 2000, and as detailed in section 1 of ECTA (“Personal Information”).

  3. We may electronically collect, store and use Personal Information, including but not limited to name, contact details, surfing patterns, email, IP address.

  4. Whenever You are of the opinion that We fail to comply with section 51 of ECTA, You will contact us by sending an email to support@dermalhealth.co.za. We will review Your representation made by email and if within Our sole and absolute discretion deemed advisable, take corrective action and in any event within 14 days respond to You informing about corrective action taken, if any.

Interception of communications.

  1. Despite such an undertaking, it is possible for Internet-based communications to be intercepted.

  2. Without the use of encryption, the Internet is not a secure medium and privacy cannot be ensured. Internet e-mail is vulnerable to interception and forging.

  3. Us and the Owners will not be responsible for any damages You or any third party may suffer as a result of the transmission of confidential or disclosed information You make to the Owners or Us through the Internet, or that You expressly or implicitly authorize the Owners to make, or for any errors or any changes made to any transmitted information.

  4. To ensure acquaintance with and awareness of Our privacy measures and policies, You are urged to take care to read and understand the underlying privacy clauses incorporated in these Terms.

 

Privacy – casual surfing

  1. You may visit the Website without providing any personal information.

  2. You accordingly grant express written permission for the Website servers in such instances to collect the IP address of your computer, but not the email address or any other distinguishing information.

  3. This information is aggregated to measure the number of visits, average time spent at the Website, pages viewed, etc.

  4. We use this information to determine the use of the Website and to improve content.

  5. We assume no obligation to protect this information and may copy, distribute or otherwise use the information.

 

Privacy – unsolicited information

  1. If You post unsolicited content or other information (“Information”) to the Website and do not indicate otherwise, You grant to the Owners a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Information throughout the world in any media.

  2. Any inquiries, feedback, suggestions, ideas or other information You provide to Us (collectively, “Submissions”), except submissions of a personal and confidential nature relating to Your medical condition and/or medical history, will be treated as non-proprietary and non-confidential.

  3. Subject to the Terms of this agreement, by transmitting or posting any Submissions, You hereby grant Us full ownership of the Submission. We reserve the right to copy, use, reproduce, modify, adapt, translate, publish, license, distribute, sell or assign the Submission in any way as we deem fit, including, but not limited to, copying in whole or in part, creating derivative works from, distributing and displaying any Submission in any form, media, or technology, whether now know or hereafter developed, alone or as part of other works, or using the Submission within or in connection with Our products or services.

  4. You also acknowledge that Your Submission will not be returned and We may use Your Submission, and any ideas, concepts or ‘know-how’ contained therein, without payment of money or any other form of consideration from Us, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.

  5. By making a Submission, You represent and warrant that You own or otherwise control the rights to Your Submission and that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailing, or any form of “spam”. You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify Us for all claims arising from on in connection with any claims to any rights in any Submission or any damages arising from any Submission provided by You.

  6. You grant to Us and the Owners the right to use the name that You submit in connection with such Information. You warrant:

  • that You own or otherwise control all of the rights to the Information that You post;

  • that the Information is accurate;

  • that by the supply of the Information to Us, You do not violate this Policy and do not infringe the rights of any other person or entity; and

  • that You indemnify Us and the Owners for all claims resulting from Our receipt of the Information You supply to Us.

  • We may monitor and edit or remove any Information posted to public pages. We take no responsibility and assume no liability for any Information posted by You or any third party.

 

Privacy – solicited information You give to Us and Credit Card Security

  1. We require certain Personal Information necessary to process a transaction if you require any of our products or services.

  2. We receive and store all Information, including Personal Information that you enter on the Website or give to us in any other way. You may choose not to provide certain Personal Information, but that may limit the services or products that you may wish to obtain from us.

  3. We provide our products and services in conjunction with our affiliates and subsidiaries. In this regard, and unless specifically restricted by you from the license below, you, when entering into the specific transactions in question, grant in writing to the Owners and Us a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such Information throughout the world in any media.

  4. Your Information, that is required by affiliates and subsidiaries to give effect to transactions that you choose to enter into, is shared with those entities.

  5. The private information required for executing the orders placed through the e-commerce facility, namely your personal information, credit card details, delivery address and telephone numbers will be kept in the strictest confidence by us 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.

  6. Credit card transaction will be acquired for us via approved payment gateways. Our payment gateways use the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) provided by Thawte. No credit card details are stored on our servers or Website.

  7. Customers will always have to manually input their CVC number and complete 3D secure (usually through the use of a One Time Password, depending on your bank) to complete payment in these instances.

  8. We undertake that we have taken all reasonable precautions to secure the credit card processing that is carried out to receive payments for goods sold. We cannot be held liable for security breaches occurring on your electronic device (personal computer or other electronic device used to access the Website), which may result due to the lack of adequate virus protection software or spyware that you may inadvertently have installed on your device, or due to any other security breaches that occur notwithstanding the reasonable precautions we have taken.

 

Privacy – cookies

  1. A cookie is a basic text file that is stored on your device (computer, mobile phone, tablet or other devices) by a website’s server. Each cookie is unique to your web browser and contains completely anonymous information such as a unique identifier and the website name.

  2. Our Website utilizes first and third party cookies. This enables us to a) improve your experience on the Website through various means such as storing preferences (like keeping you logged in) or determining aggregate usage behaviour (time on site, number of pages viewed etc.) through web analytics tools like Google Analytics and b) provide more relevant display advertising to you, using third-party tools such as the Google Analytics Remarketing.

  3. Most web browsers provide the option to block some or all cookie types should you wish to. You can also opt out of the Google Display Network using the Ads Preference Manager. As many of the Website’s features utilize cookies, we recommend that you do not block them.

 

Privacy – promotional information

  1. We aspire to provide the first-class service to our customers, which requires us providing information to you about new services or special offers. In each instance, you are provided an opportunity to opt-out of such information circulars. For more information, please call Our Help Desk, or send an email to support@dermalhealth.co.za

 

Privacy – business transfers

  1. We may enter into business arrangements with our customer base in one of the more valued assets. In such an event, customer

Information will be one of the transferable assets.

 

Privacy – lawful purposes

 

  1. When we are served with the due legal process requiring the delivery of Personal Information, We have the legal duty to abide by that demand and will do so. We may also impart Personal Information if permitted or required to do so by law.

Privacy – surveys and statistical profiles

  1. We understand that efficiency and customer care translates into good service, We may periodically conduct customer care surveys to enable the updating of service standards.

  2. When we conduct a survey, We will inform you how the information gathered will be used and provide you with the opportunity to opt-out from such surveys.

  3. Despite terms to the contrary, we may choose to use Personal Information to compile profiles for statistical purposes and may choose to trade with such profiles and statistical data, as long as the profiles or statistical data cannot be linked to any specific data subject, including you, by a third party.

 

Privacy – storage

  1. Personal Information will be stored for as long as it is used and for a period of one year, together with a record of the Personal Information and the specific purposes it was collected for. Personal information will be destroyed once it has become obsolete.

 

Privacy – interception

  1. Subject to the Regulation of Interception of Communications Act (“RIC”), Act 70 of 2002, You agree that we may intercept, block, read, delete, disclose and use all communications sent or otherwise communicated to us, our employees, directors or agents. You agree that your consent satisfied the requirements of ECTA and RIC for consent in “writing” as defined

 

Contact us

For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e‑mail at support@dermalhealth.co.za or by mail using the details provided below:

 

Dermal Health Science (pty) ltd, 27 Malabor road North , Lynnwood Glen , Pretoria , Gauteng, 0081, South Africa

18. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

 

  1. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

  2. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

  3. You expressly agree that the use of the Site and our products is entirely at your own risk.

  4. The Site and all its contents and the products are provided on an ‘as is’ basis, and Dermal Health Science™ makes no representations or warranties of any kind, whether express or implied, to the accuracy of the contents of the Site.

  5. Dermal Health Science™ does not warrant that the Site's functions will be uninterrupted or error-free, or that the Site or its server is free from viruses or other harmful components.

  6. You understand and agree that Dermal Health Science™ is not responsible for the performance or conduct, whether on or off the Site, of any User.

  7. Dermal Health Science™ expressly disclaims, and each User expressly releases Dermal Health Science™ from, any and all liability whatsoever for any losses, claims, actions and/or damages arising from and/or in any way related to the Site, including without limitation any acts and/or omissions of Users on or off the site.

  8. Dermal Health Science™ shall not be liable for any loss or damage, whether direct, indirect or consequential or any expense of any nature whatsoever, which may be suffered by the User, which arises directly or indirectly from reliance on the Site and/or its content and the products.

  9. In no event shall Dermal Health Science™' total liability to you for all damages, losses and causes of action, whether in contract, delict (including but not limited to, negligence) or otherwise, exceed the aggregate amount paid by you to Dermal Health Science™ in the calendar year during which any such liability arose.

  10. Dermal Health Science™, its agents or suppliers shall not be responsible for any direct or indirect special consequential or other damage of any kind whatsoever suffered or incurred by you related to your use of, or your inability to access or use, the content or the Site or any functionality of the Site or of any linked website, even where Dermal Health Science™ is expressly advised thereof.

  11. You will indemnify Dermal Health Science™, its owners, directors, employees, officials, agents, suppliers or representatives, and keep them fully indemnified, from and against any loss or damage suffered or liability incurred in respect of any third party, which arises from:

(a)    your use of the Site;

(b)    breach of these terms of use;

(c)    disputes with or between other Users;

(d)    violation of any applicable law or regulation;

(e)    inaccurate, untimely, incomplete or misleading User information, including without limitation with respect to registration, profile or eligibility; or

(f)     use of any products or any contracts or arrangements made or provided based on information, content and/or materials obtained on or through the site.​

20. SEVERABILITY

  1. In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

21. GENERAL DISCLAIMER 

 

  1. ​You agree to access and use the Site entirely at your own risk.

  2. You agree that Dermal Health Science™ can rely on instructions that appear to originate from you even if they come from someone else impersonating you and unless you notify Dermal Health Science™ of any irregularities, to act on any instruction purporting to originate from you.

  3. You agree and understand that you assume all risks when using the Site, including without limitation any and all of the risks associated with any online or offline interactions with other Users.

  4. To the greatest extent permissible by law, Dermal Health Science™ grants no warranties, express or implied, as to merchantability, fitness for purpose or the results of the use of its products.

  5. Any recommendations of products provided via the Site are not a source of professional or medical advice. Users of the Site should always seek the advice of an appropriately qualified professional.

22. LEGAL DISCLOSURE

 

  1. Access to the services, content, software and content downloads available from the Site are classified as “electronic transactions” in terms of the Electronic Communications & Transactions Act 25 of 2002 (“ECT Act”) and therefore Users have the rights detailed in Chapter 7 of the ECT Act and the following information is required to be disclosed:-

  2. The full name and legal status of the website owner is Dermal Health Science Pty Ltd

  3. Dermal Health Science™’ physical address and telephone number is 27 Malabor Rd, Lynnwood Glen, Pretoria, 0081,  +27 (0) 12 004 1791 

  4. Dermal Health Science™’ website is https://www.dermalhealth.co.za and its email address is info@dermalhealth.co.za

  5. Dermal Health Science™ registration number is 2017/269563 and Vat number is 4400279230 and it was registered in South Africa

  6. The physical address for receipt of legal service: 27 Malabor Rd North, Lynnwood Glen, Pretoria, 0081

  7. Alternative dispute resolution: Subject to urgent and/or interim relief, all disputes regarding:

o access to the Dermal Health Science™ website;

o the inability to access the Dermal Health Science™ website;

o the services and content available from the Dermal Health Science™ website; or

o these terms and conditions; shall be referred to arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa and such arbitration proceedings shall be conducted in Cape Town in English. The arbitration ruling shall be final and the unsuccessful party shall pay the costs of the successful party on a scale as between attorney and own client, and users may lodge complaints concerning the Dermal Health Science™ website through the ‘Contact Us’ service provided on this website.

 

23. CHANGES TO TERMS OF SERVICE

 

  1. You can review the most current version of the Terms of Service at any time at this page.

  2. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

24. DERMAL DIAGNOSIS ASSESSMENT

 

  1. The term diagnosis is not a medical diagnosis and does not create, replace, substitute or change any medical diagnosis received from a medical practitioner.

  2. The term dermal diagnosis refers to an online skin assessment based on the answers provided by yourself as an online customer.

  3. The accuracy of your online skin assessment depends solely on the answers provided by yourself when completing the online assessment.

  4. Dermal Health Science will not be held liable if you do not agree with the result or outcome provided.

  5. You may at any time resubmit the online assessment should you wish to modify, change or amend your answers.

  6. The online skin assessment on this website, www.dermaldiagnosis.com, does not replace proper consultation with a Healthcare professional or Dermatologist.

  7. The term prescription is not to be construed as a written instruction by Dermal Health Science, that authorizes a patient to be issued with a medicine or treatment but only amounts to a recommendation.

  8. A patient who has not consulted in person is not a patient but rather an online customer.

  9. A person who has not consulted in person with a medical practitioner can in no way whatsoever be held to have received an actual written prescription.

  10. All use of the products must be followed by the product’s instructions for application. No liability can be ascribed to a medical practitioner where there was no physical one on one consultation.

 

25. USER COMMENTS / PRODUCT REVIEWS

 

  1. Dermal Health Science (Pty) Ltd and it’s owners “Us” reserve the right to disapprove, remove or delete any comments or product reviews at any time of our discretion if made by “You” on dermalhealth.co.za or any of our affiliated websites when the comment is classified by “Us” to be irrelevant, spam, marketing content or intentionally damaging to the associated brand without merit or proof of the opinion. Dermal Health Science (Pty) Ltd and it’s owners “Us” reserve the right to disapprove or remove comments or product reviews made by “You” that have since been resolved or had the opinion proven to be inaccurate or false, either in written or verbal follow up correspondence and proof of resolve can be made available to both parties “You” and “Us”

 

26. TESTIMONIALS

 

  1. Written testimonials submitted by way of our website or contact form may be used by Us for purposes of marketing at any time. We may, at our discretion use the actual first name of the Customer (You), as well as your skin type or skin condition to promote any of our services or products including but not restricted to, Dermalhealthstore website www.dermalhealth.store, www.dermalhealth.co.za, www.dermaldiagnosis.com, Dermal Health email subscribers list and / or Dermal Health social media accounts. We will never distribute photographic testimonials or disclose any other personal information other than the above stated, without the prior written consent of the Customer (You).

 

27. SHIPPING POLICY

 

DOMESTIC SHIPPING POLICY

Shipment processing time:

All orders are processed within 2-3 business days. Orders are not shipped or delivered on weekends or holidays.

If we are experiencing a high volume of orders, shipments may be delayed by a few days. Please allow additional days in transit for delivery. If there will be a significant delay in shipment of your order, we will contact you via email or telephone.

 

SHIPPING RATES AND DELIVERY ESTIMATES

Shipping charges for your order will be calculated and displayed at checkout.

Orders R3000 and above: Free shipping

Orders below R3000: R110 flat rate shipping fee

 

Delivery delays can occasionally occur.

We do not ship to P.O. boxes.

 

SHIPMENT INFORMATION AND ORDER TRACKING

You will receive a Shipment Confirmation email once your order has shipped containing your tracking number(s). The tracking number will be active within 24 hours.

 

CUSTOMS, DUTIES, AND TAXES

Dermal Health Science is not responsible for any customs and taxes applied to your order. All fees imposed during or after shipping are the responsibility of the customer (tariffs, taxes, etc.).

 

DAMAGES

Dermal Health Science is not liable for any products damaged or lost during shipping. If you received your order damaged, please contact the shipment carrier to file a claim.

 

Please save all packaging materials and damaged goods before filing a claim.

 

INTERNATIONAL SHIPPING POLICY

Please contact us for International Shipping requirements.

support@dermalhealth.co.za

Dermal Health

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