Terms & Conditions
TERMS AND CONDITIONS POLICY
INTRODUCTION
This website is operated by Montana Cosmetics CC, trading as Mila D’Opiz SA. The terms "we," "us," and "our" refer to Montana Cosmetics/Mila D’Opiz SA throughout the website.
DETAILS OF VENDOR
Our store is hosted on Shopify Inc.which provides access to the online shopping cart that enables us to offer our products and services.
These terms and conditions must be read in connection with our Privacy policy as well as our Return and Delivery policy.
ACCEPTANCE TO OUR TERMS AND CONDITIONS OF SALE
The following terms and conditions of sale ("Terms and Conditions") govern the offer and sale of items on the website of Montana Cosmetics CC/Mila D’Opiz SA, (the "Site"), including any new features or tools that are introduced to the current store.
By publishing updates and/or changes to our website, we retain the right to amend, modify, or replace any element of these Terms of Service.
It is your obligation to periodically check this page for updates.
Following the publishing of any modifications, your continued use or access to the website implies acceptance of those changes.
ELEGIBILITY
By using this Site and the Products that are offered, the User acknowledges having read and understood these Terms and Conditions, and agrees to be bound by them.
Please notice that if you do not agree to these Terms & Conditions, you will be unable to order any products from this website.
MINORS.
To be eligible to purchase products on this website and to agree to these Terms of Service, you must be at least 18 years old or, if a minor, have parental consent.
GOVERNANCE
This contract is governed by the law of the Republic of South Africa ("South Africa"), including but not limited to the Electronic Communications and Transactions Act 25 of 2002 (as amended) ("the ECT Act") and the Consumer Protection Act 68 of 2008 (as amended) ("the CPA"),
PRODUCTS SOLD ON THE SITE
In compliance with the ECT Act, all of our current items are accessible on our website,
Reasonable efforts will be made to guarantee that any product pictures, descriptions and specifications displayed on the Site are accurate at the time of ordering.
Customers may not sell or resell our products and may only use them for personal use. We retain the right, with or without warning, to cancel or modify the quantity of any products ordered if a breach of these terms and conditions is discovered.
Our website has a specific section for salon owners where our products may be purchased for use in salon treatments and may be sold as retail, by the salon, to the salon clients.
We reserve the right to decline any order that is placed with us.
We reserve the right, in our sole discretion, to set purchase limits per person, per household, or per order.
These limits may apply to orders that are placed by or under the same customer account, payment card, and/or billing and/or delivery address.
We will notify you by contacting the e-mail and/or billing address/phone number supplied at the time the order was placed if there is a change to or cancellation of your transaction.
We have the right to limit or reject orders that appear to be placed by dealers, resellers, or distributors, based on our sole discretion.
PRICING OF PRODUCTS
Our product prices are subject to change without prior notice.
We routinely verify that all prices displayed on the website are accurate, but we cannot guarantee that there are no errors.
In the event that a pricing error is discovered, we will provide the customer with the option to purchase the product at the correct price or to cancel their order.
We reserve the right to discontinue any product without prior notice.
We make no guarantee that the quality of any products, information, services, or other material you purchase or obtain will meet your standards.
PROCESS IN PLACING AN ORDER
When placing an order, the customer will be directed to our platform, where they will follow simple instructions.
In order to place an order, a customer must choose the desired quantity of a product and then proceed to the checkout page.
Customers will not be charged for any product that is temporarily out of stock or at the time of shipment.
You will be notified via email or telephone and informed that the value of the 'out of stock' item will be credited to your account.
Items that were not shipped as part of your order will always be refunded.
Please contact us at +276869147 or info@miladopiz.co.za, and we will be happy to assist wherever we can.
PAYMENT OPTIONS
All prices shown on this Site are in South African Rand.
PAYMENT WITH CREDIT CARDS
Various pay gates on our website allow you to pay with a credit card in order to complete your purchase.
Our payment gateways include Zapper, Payfast, and PayFlex.
The website accepts the following credit cards: Visa, MasterCard
As part of the measures taken to prevent online fraud, you consent to the transmission of information regarding your order to any competent authority, for verification.
You acknowledge that your content (excluding credit card information) may be transferred unencrypted and involve (a) transmissions over multiple networks and (b) conformance and adaptation to the technical requirements of connecting networks or devices.
Credit card information is always transmitted over networks using encryption.
In the event of non-payment of any amount owed by you, or of any adverse payment circumstances, Mila D’Opiz SA reserves the right to suspend or cancel any order and/or delivery, whatever the nature or state of progress in the order or delivery may be.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
At the time of purchasing on our on-line store., you agree to provide current, complete, and accurate purchase and account information.
This includes updating information in terms of your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as necessary.
DELIVERY OF PRODUCTS
All Products remain the exclusive property of Mila D’Opiz SA until such a time as payment of the sale price, including the purchase price, VAT and delivery costs have been paid in full.
Our Shipping Policy governs the delivery of your Order.
Once payment has been received, all orders, on average, will be delivered within 3 to 5 days from the date the order is received.
When you place an order, the products will be shipped to the delivery address that you specify.
Kindly ensure that this address is correct as we cannot be held liable for incorrect billing addresses.
If after placing an order, you do not receive an order confirmation within the specified number of days, kindly contact us at +27 6869147, or e mail us at info@Miladopiz, for any assistance.
DEFECTIVE AND FAULTY PRODUCTS
In case of faulty or defective products pursuant to the CPA, the legal guarantees established by the CPA will apply.
We will either replace the products or issue a refund in the same manner you originally paid for them. If we determine that you have not followed the use and care instructions, we will not accept the return of the item.
CANCELLATION OF ORDERS AND RETURNS
We would like you to enjoy your product/s and to have you shop with us again.
However, in accordance with the "cooling-off" provisions of the ECT Act, if you believe the products you received from us do not meet your expectation, you have the right to withdraw from the contract within 7 days of the date the products were received, without providing a reason.
However, should you not be satisfied with your purchase, you have a period of 10 (ten) days as from the date of receipt of the Product ordered, to return the products to us, at your own expense, for reimbursement.
Kindly notify us of your intent to exercise their right of cancellation by sending us an email containing their order details, and return the product/s to us, at your own cost.
The returned Product must be accompanied by its original packaging sent to the following address:
28A Mooney Crescent Drive, Irene View Estate, Highveld, Centurion, Gauteng, 0157.
Upon exercising your right of cancellation, we will reimburse you for the full price of the products within thirty (30) days of receiving the cancellation, provided that the products are returned unused and undamaged, to the extent that they have been kept and used with reasonable care and diligence.
Only the original credit card used will be accepted for refunds. The reimbursement of your payment for the Order will be made via the method of payment which you selected.
We are not liable for returned items that are lost in transit.
THIRD-PARTY LINKS
Materials from third parties may be included in some content, goods, and services made available through our site.
You might be taken to third-party websites through links on our website that are not connected to us.
We disclaim all liability and responsibility for any errors or omissions in the content or accuracy of any third-party materials or websites, as well as for any other third-party materials, goods, or services.
Any loss or damages resulting from the acquisition or use of products, services, resources, content, or any other transactions made in conjunction with any third-party websites are not our responsibility.
Before you enter into any transaction, please carefully research the third party's rules and practices to ensure that you are familiar with them.
Any issues, claims, worries, or inquiries regarding items from third parties should be addressed to the third party.
LIABILITY
You explicitly acknowledge that the service is used at your own risk, whether you can use it or not.
The Site and all of its contents are supplied "as is," and Mila D'Opiz SA disclaims all representations and guarantees, express or implied, as to the accuracy of the contents.
D'Opiz SA disclaims all warranties and assumes no responsibility for the Site's functionality and services, including that they won't be interrupted or error-free, that they won't contain viruses or other harmful components, or that they won't change the information that is made available on the Site.
No one affiliated with Montana Cosmetics or Mila D'Opiz SA, including their owners, directors, employees, suppliers, agents, or representatives, shall be held responsible for any direct or indirect loss, including but not limited to any loss of revenue, clientele, data, or other intangible losses that may result from any person's access to or inability to access the Site.
This includes any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages,
By using this Site, the User hereby releases and discharges Montana Cosmetics CC/Mila D’Opiz SA, its owners, directors, employees, officials, suppliers, agents, and/or representatives from and against any loss or liability incurred in respect of any third party.
FEEDBACK AND COMMENTS RECEIVED
If you send us any feedback, ideas, projects, or other materials, we have the right to delete it.
If you send us any unsolicited ideas, proposals, plans, or other submissions (collectively, "comments"), you grant us the unrestricted right to use them for any purpose.
We have the right to delete comments that are offensive, threatening, defamatory, pornographic, obscene, or otherwise offensive.
You acknowledge that you will not post anything that infringes on anybody else's copyright, trademark, privacy, or other proprietary or personal rights.
You further agree that your comments won't contain any defamatory, illegal, threatening, or otherwise objectionable content, as well as any malware that could in any way impair the functionality of the service or any website connected to it.
You may not impersonate another person, use a false email address, or in any other way mislead us or other people as to the source of any remarks.
You alone are accountable for the truthfulness of any remarks you make.
Regarding any remarks made by you or any other party, we disclaim all liability.
APPLICABLE LAW AND JURISDICTION
These Terms and Conditions are governed by South African law and must be interpreted in accordance with South African laws.
INDEMNIFICATION
You are prohibited from using the website or its content in the following ways, in addition to other restrictions outlined in the Terms of Service: (a) for any unlawful purpose; (b) to solicit others to perform or engage in any unlawful acts; (c) to violate any international, national, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our or third parties' intellectual property rights; (e) to harass, abuse, or threaten any third party; and If you use the Service or any associated website for any illegal purpose, we retain the right to stop you from using them.
SEVERABILITY
The unenforceable portion of any provision of these Terms of Service shall be deemed to be severed from these Terms of Service and shall not affect the validity and enforceability of any other remaining provisions in the event that such provision is found to be unlawful, void, or unenforceable to the fullest extent permitted by applicable law.
TERMINATION
Unless and until terminated by either you or us, these Terms of Service are in force.
By telling us that you no longer wish to use our Services or by stopping your usage of our website, you may terminate these Terms of Service at any time.
We may also terminate this agreement at any time without notice, and you will remain liable for all amounts due up until and including the date of termination. Additionally, we may do so by denying you access to our Services if, in our sole discretion, you do not comply with any term or provision of these Terms of Service (or any part thereof).
ENTIRE AGREEMENT
Any right or provision of these Terms of Service that we do not execute or enforce in accordance with them does not constitute a waiver of those rights or provisions.
Your use of the Service is governed by these Terms of Service and any other policies or operating guidelines we post on this website or with regard to the Service, which supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any discrepancies in how these Terms of Service should be read should not be used against the party who drafted them.
GOVERNING LAW
The laws of South Africa shall govern these Terms of Service and any other agreements by which we give you Services and will be followed in their interpretation.
GENERAL
This site is published by Montana Cosmetics, a company that is registered under South African company law with registration number 1987/015565/23 and has its main office at 8 Mellor Road in Morningside, Sandton.
CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@miladopiz.co.za.