This Website (“Site”) is owned and managed by Modern Hair Products & Services (Pty) Ltd T/A Modern Hair & Beauty (“MHB”). The purpose of the Site is to provide information about the company’s brands and products; to connect the public with its salon partners; to allow the public to purchase professional hair and skin care products online.
These terms are a valid contract between you and MHB. It is important that you read and understand these terms. By accessing and/or registering on the Site, you agree to, and are bound by the Terms & Conditions within the document. Access to, use of, or purchase from the Site will be denied without acceptance of the Site’s Terms & Conditions.
The contents of the Site do not constitute advice and should not be relied upon in making or refraining from making, any decision.
Goods sold online do not include professional in-salon treatments and are intended for home use only.
You are encouraged to consult with a professional hair stylist, aesthetician and/or health care provider for specific hair and skin care concerns.
MEANINGS OF TERMS
This document makes use of a series of terms and phrases which have specific meanings in these Terms. These terms and phrases are listed below, together with general interpretive principles which are used to interpret these Terms.
“access Site” means engagement with the website using an electronic device;
“access content” means the information you have access to through your access to the Site;
“goods” means the products that can be purchased on the Site;
“terms” means terms and conditions of use;
“you” and “users” means the Site’s users;
“us”, “we” and “MHB” means Modern Hair Products & Services (Pty) Ltd T/A Modern Hair & Beauty, a distributor of professional hair and beauty products;
“card” means valid debit/credit card.
AMENDMENTS and changes
Amended Terms are effective immediately and are binding. It is your responsibility to review these Terms regularly and to ensure that you familiarise yourself with any amendments to these Terms. Your continued use of the Site indicates your acceptance of the amended Terms.
MHB reserves the right to add new features, modify or discontinue existing features without notice.
LIMITATIONS OF USE
You may not: –
frame the Site without our prior written permission from the MHB Information Officer;
access or use the Site for any illegal, unlawful or immoral purposes;
use the Site in a manner that may infringe the copyright or trade marks or other proprietary rights of others;
attempt to gain unauthorised access to the Site, including (without being limited to) through hacking, password mining or any other means.
MHB grants you limited license for the sole purpose of accessing content on our Site for personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder.
You may not transfer your rights to access the Site.
Should this license be revoked, you may no longer access the Site.
DISCLAIMERS, LIMITATION OF LIABILITY, INDEMNITY
You access the Site entirely at your own risk. The Site is made available to you on an “as is” basis without any endorsement made and without warranty of any kind.
MHB will not be liable, to the extent permitted by law, for any loss or damage whatsoever arising out of or in connection with the use of the Site.
MHB makes no warranty: –
that the functionality of the Site will be uninterrupted or error free, that defects will be corrected or that the Site or the server that makes it available are free of viruses or anything else which may be harmful or destructive;
on the accuracy or reliability of any advice, opinion, statement, or other information published on the Site. You are advised to seek professional advice before acting on such information.
You agree to indemnify MHB owners, shareholders, employees and/or third-party agents from any loss, damage, damages, liability, claim or demand due to or arising out of your access to the Site or your breach of these Terms.
You agree that you are bound by these Terms.
These Terms constitute the agreement between you and us relating to your access to the Site.
Registration on the Site is free and does not oblige you to purchase anything. You must register with MHB to place an order.
You will be required to provide an email address and a password to access certain parts of the Site. You are responsible for keeping this password confidential and MHB accepts no liability for any damages suffered or losses incurred from the use or misuse of your account.
You will be required to enter your email address and password each time you purchase goods from MHB.
You are required to provide MHB with complete and accurate information about yourself. By doing so you warrant that the information provided is correct.
Upon acceptance of your registration, you will receive an email confirming your registration as a purchaser on the Site.
PRICING AND AVAILABILITY
Goods displayed on the Site are subject to availability. MHB cannot guarantee availability of stock.
You will be required to select a salon beneficiary per order placed.
“Other” may be selected should you not wish to select a beneficiary.
You may only select one beneficiary per order.
You may select a different beneficiary per subsequent order(s).
It is your responsibility to ensure that the delivery address, including suburb and postal code, is correct. MHB will not be liable for any goods or additional costs which may be incurred as a result of goods delivered to an incorrect address which is provided by you.
All prices displayed on the Site include 15% VAT and are in South African Rands (ZAR). Prices are valid and effective only for the day that they are viewed, subject to availability.
MHB reserves the right to change prices, without prior notice, without incurring any liability whatsoever.
Special promotions are subject to certain conditions.
METHODS OF PAYMENT
All transactions are processed by PayFast using secure and appropriate encryption technology. Your card details and personal information shall be provided to PayFast for the payment transaction to be processed.
Prior to delivery and on acceptance of your order, PayFast shall be entitled to debit the debit/credit card supplied by you.
You may pay for goods using a Master or Visa debit or credit card, or via EFT.
By submitting an order to buy goods, you represent and warrant that you are the owner/authorised signatory of the card used.
PayFast may use 3D Secure as an additional security measure to process your card payment. If you have not activated 3D Secure, you will be redirected during the payment process to set it up.
PayFast reserves the right to scrutinise transactions to prevent fraud. Any transaction may be refused.
Salon vouchers will not be accepted in respect of payment for goods on the Site.
For more information, please refer to PayFast End-User Agreement.
ORDERS, TRACKING & DELIVERY
On receipt of your order, MHB will send you an email detailing the goods you have ordered on the Site; this email does not represent acceptance of your offer to purchase the goods contained in the order.
On confirmation of successful payment, MHB will send you an email confirming acceptance of your order.
Payment of orders reflected by 14:00 on weekdays will be dispatched on the same day. Payment reflected after 14:00, on public holidays or on weekends will be dispatched on the next working day.
The contract of sale between you and MHB will only be completed when MHB dispatches the goods to you.
You will receive email confirmation when you order has been dispatched containing your order number, waybill number and tracking number.
To view and track your order, follow the link contained in the email.
MHB shall only deliver to certain areas.
Delivery is free for orders valued at R500.00 incl. 15% VAT or more.
Orders valued at less than R500.00 incl. 15% will attract a delivery fee that will be calculated on checkout. Outlying areas may attract an additional surcharge.
Fee structure: –
Standard delivery: R80.00 incl. VAT – 5–7 working days
Salon collection: R80.00 incl. VAT – 5–7 working days
Pargo pick-up: R75.00 incl. VAT – 2–5 working days
Warehouse collection: No charge – 65 Bofors Circle, Epping 2
Deliveries are from Monday to Friday 08:00 to 17:00. No deliveries on weekends and South African public holidays.
Delivery lead times may vary depending on your location.
MHB shall not be liable for any deliveries made to an address incorrectly provided by you.
Any person other than yourself who receives the goods at the delivery address is presumed to be authorised to accept delivery on your behalf.
Your personal information, including your name, delivery address and telephone number, shall be provided to our delivery service provider for the delivery to be made.
RETURN OF GOODS AND REFUNDS
MHB will accept return applications within 7 (seven) business days from date of delivery and will only be processed in accordance with our Refund and Returns Policy.
The cost of collecting any returned goods will be deducted from your refund or added to the delivery of the exchanged goods.
Only goods that are in their original packaging and sealed will be eligible for return. Opened cosmetic goods are not acceptable.
Refunds will only be processed in the payment method that was used when the order was created, and into the account it was paid from.
A refund can take up to 7 (seven) business days to reflect in your account from review of the Return Form.