Harvest Moon Skin (Pty) Ltd (“HMS”) welcomes you to our Website. Our Website provides a true reflection of our main business. As a truly South African homegrown local company, we are dedicated to only provide you with high-quality products, uniquely formulated, tested, and produced. We only use botanical ingredients that are not tested on animals and which are not detrimental to the planet.
When you access and make use of our website at http://www.carlaconradmusic.com (“the Website”), or place an Order through our on-line shop, please take the time to check our Terms & Conditions (“Terms”). It is important that you read and understand our Terms, as it constitutes an unqualified acceptance of this Terms and governs the use of our Website, ordering & sales. These Terms are binding and enforceable against every person that access or use our Website.
We also agree to be bound by this Terms. Should anything not make sense to you or if you are unclear, please contact us to clarify it for you by sending an e-mail to email@example.com . If we do not hear from you, we accept that you have read it and understood all our Terms clearly.
When you place your Order, send e-mails, text messages, or any other electronic communication to us, and we communicate with you electronically, both of us agree, consent, and accept that all electronic communication exchanged, satisfies any legal requirement that such communication needs to be in writing. You agree and acknowledge that by clicking on buttons labeled “Submit”, “Continue”, “Add to Cart”, “Proceed”, “Continue”, Register” and “I agree” or similar links or buttons, you are submitting a legally binding electronic signature and that we are entering into a legally binding contract.
We reserve the right to make changes to our Terms & Conditions at any time and for any reason. Any changes or modifications will be effective immediately upon posting of the updated Terms. The version number and date as contained in the bottom right-hand corner shall be applicable to your specific Order for purposes of interpretation.
By entering our Website, you warrant that you are 18 (eighteen) years of age or older and have full legal capacity to enter into an Agreement. If you are younger than 18 (eighteen) your involvement may only be under the supervision of your parent or legal guardian who accepts to be bound by this Terms.
This Agreement represents the whole Agreement. No changes, variation or cancellation shall be valid unless we have agreed to it in writing.
- DEFINITIONS & MEANING OF TERMINOLOGY USED
The terminology and definitions underneath will have the same meaning everywhere else where it appears. Any words written in inverted commas, means it is a definition of a term which will mean the same in this Terms and any other informational documents on our Website.
2.1 “You”, “Your” or “Our Customer” means you as a person or individual who purchase our Products in your personal capacity.
2.3 “ECTA” means the Electronic Communications and Transactions Act 25 of 2002 as amended and in as far as it might apply to any on-line shop or services for these purposes, the Terms contained in this Agreement is binding and enforceable against all Parties. For purposes of disclosure in accordance with Section 43, we confirm that all the details as listed in 2.2 above to be true and correct.
2.7 “Products” or “Goods” means the actual Products advertised on-line on our Website. Each will be clearly distinguishable as one singular Product or a group of Products which may be referred to as a package, series, or displayed with a clearly identifiable name. Pricing for each Product or a group of Products, will always be published next to, underneath or on top of the virtual image of each Product. If it is sold as a package, series, or promotional package, it will be clearly indicated next to the items.
2.9 “Branding” or “Branded content” means all or any uniquely identifying trademarks associated with our specific business and includes our trade name, service marks, slogans, designs, marketing video’s, product images, labels, logos, website, social media pages, stickers, and branded images on which our brand name appears, packaging and any other source-identifying symbols and intellectual property rights, owned by us.
2.10 “Intellectual Property Rights” means all our trade secrets, formulas & formulations, developed copyrights, designs, trademarks, mask work rights, patents, moral rights, and other intellectual property rights which belong to us in respect of our Products and Branding.
2.11 “Order” means the collective or singular Products as selected on our Website and paid for. The Order will consist of such Products as selected by you by clicking an “add to cart” or “check out” button. It will only become an official Order once you have paid for the Products as ordered through the Payfast shop portal. No Order will be processed on our side unless we have received notification that the transaction was successfully processed and cleared.
2.12 Calculation of Days: Any reference to number of days shall be business days excluding the first day and including the last day. A business day means any day excluding Saturdays, Sundays, and public holidays.
2.13 “Governing law” means the law that shall be applied in terms of the validity, interpretation, respective rights and obligations of all parties and any other legal matters related to this Agreement which shall be determined in accordance with the laws of the Republic of South Africa.
2.14 “Force Majeure or vis major events” means a superior force or event or circumstance beyond the control of the parties. Due to such an event contractual performance is made impossible and beyond the reasonable control of either party. This includes but is not limited to any strikes, riots, fires, storms, epidemics, pandemics, quarantines, blockades, war, act of terrorism, natural disasters, failure, or diminishment of power.
2.15 “Delivery Note” or “Delivery confirmation” means the formal acknowledgement of receipt of your Order by our designated delivery or courier services.
- GOVERNING LAW & DISPUTE RESOLUTION
9.1 For all purposes in connection with this Terms and its associated Products, the laws of the Republic of South Africa shall apply. To the extent that any action relating to any dispute hereunder is permitted to be brought in a court of law, such action shall be subject to the exclusive jurisdiction of the courts of the Republic of South Africa.
9.2 As it is important for us to nurture a good relationship with you, should you have any concern or problem, please notify us immediately and we will do our best to resolve it amicably. We believe in having an Alternative Dispute Resolution (“ADR”) solution.
9.2.1 Any item that become a dispute concerning this Terms, shall first be resolved by arranging a meeting with you (in person or on-line) and should no resolve be possible, be referred to an external independent attorney acceptable to both of us to mediate the dispute (on-line to save legal costs for both of us). Costs shall be shared 50/50.
9.2.2 If the dispute is still not solved within 10 (ten) days of mediation, the parties must refer the dispute for resolution by mediation under the rules of the Arbitration Foundation of Southern Africa (or its successor or body nominated in writing by it in its stead) (AFSA).
9.2.3 If the parties cannot agree on any arbitrator within a period of 10 (ten) Business Days after the referral, the arbitrator will be appointed by the Secretariat of AFSA.
9.2.4 The periods for negotiation or mediation may be shortened or lengthened by written agreement between the parties.
9.3 This clause will not preclude any party from access to an appropriate court of law for interim relief in respect of urgent matters.
We know that you care how we use, collect, and share information about you. As we appreciate your trust, we undertake to handle and safeguard all your information responsibly and carefully to the best of our capability. Under all circumstances we will only use your personal information for lawful purposes.
COLLECTION OF PERSONAL INFORMATION
We collect several different types of information for various purposes to provide and improve our Service to you. The types of information we collect are:
Personal information provided by you
While using our Service, we may ask you to provide us with certain personal identifiable information that we will use to contact or identify you (“Personal Data”). Personal Data may include details such as your name, surname, e-mail address, telephone number, demographic information, and any other information that you voluntarily give to us when you register on our Website, or when chatting on-line. The same applies to information you may provide when entering contests or giveaways and/or responding to surveys.
We may use your Personal Data to contact you with newsletters, marketing, or promotional offers. You may opt out of receiving e-mails or other digital communication from us by following the unsubscribe link or stop prompt which will always form part of the communication.
Information which our servers automatically collect when you access our Website, place an order, or from the Service Infrastructure itself. Usage data may include information such as your IP address, your browser type, your operating system, the pages of our Service that you visit, the time and date of your visit, time spent on those pages, unique device identifiers, your country and other diagnostic data.
Facebook Products (including Facebook, Messenger & Instagram) & other networking or 3rd party applications
If you make use of our Services via Facebook, Instagram or Facebook Messenger (collectively “Facebook Products”), we will have access to your basic account information, such as your user name, e-mail, gender, birthday, current city, and profile picture URL, as well as other information that you choose to make public. Information and Data collected here will be collected and handled as governed in terms of your individual Facebook Products’ Settings and the Facebook Privacy & Data Policy. The updated Facebook Privacy and Data Policy are available on Facebook or Instagram under Settings.
WHY WE PROCESS YOUR INFORMATION
Having accurate information about you permits us to provide you with a smooth, efficient, and customized experience when we process your on-line order. We only use your personal information for reasons related to business when we need to. It will always only be for legitimate interests.
These legitimate interests include:
- preventing risk & fraud
- answering questions or providing other types of support
- providing & improving our products and services including our efficiency when fulfilling your order
- assisting with marketing, advertising, or other promotional purposes
- communicate with you throughout the ordering process up to delivery and after-sales product satisfaction and service
DISCLOSURE OF YOUR INFORMATION
We will always protect your personal information as far as possible to the best of our ability. For purposes of disclosure, please note that we operate our on-line shop via the Shopify platform which is a well known trusted partner in the industry. If you have any questions, please contact us, and we will gladly provide you with more information.
The following will apply in terms of disclosure:
When legally & lawfully compelled to disclose
If a third-party requests information, unless it is for legitimate, legal reasons we will refuse to share it. We will only share it if we believe the release of information about you is necessary to respond to a legal process, court order, or any applicable law, rule, or regulation.
Third-Party Service Providers
We will only share your personal information with our trusted third-party service providers who will only have access to such information as is necessary to perform their functions. They are prohibited from using your information for any other purposes. Examples include fulfilling of orders for products, delivering packages, analyzing data, marketing assistance etc.
Marketing Communications & promotional campaigns
With your consent, or with an opportunity for you to withdraw consent, we may share your information with third parties for marketing & advertising purposes, only as permitted by law.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service. Examples of Cookies we use are Session Cookies which we use to operate our Service, Preference Cookie to remember your preferences and various settings. and Security Cookies which are used for security purposes.
We may also partner with selected third-party vendors such as Google Analytics and others, to allow tracking technologies to, among other things, analyze and track users’ use of our Website, determine the popularity of certain content and better understand online activity. By accessing the Site, you consent to the collection and use of your information by these third-party vendors. We do not transfer personal information to these third-party vendors.
You should be aware that getting a new computer, installing a new browser, upgrading an existing browser, or erasing or otherwise altering your browser’s cookies files may also clear certain opt-out cookies, plug-ins, or settings.
SECURITY OF YOUR INFORMATION
We use administrative, technical, and physical security measures to help protect your personal information. While we have taken reasonable steps to secure the personal information you provide to us, please be aware that despite our efforts, no security measures are perfect or impenetrable, and no method of data transmission can be guaranteed against any interception or other type of misuse. Any information disclosed online is vulnerable to interception and misuse by unauthorized parties. Therefore, we cannot guarantee complete security if you provide personal information.
We do not knowingly solicit information from or market to children under the age of 18. If you do become aware of any data provided to us by anyone under the age of 18 (unless formally assisted by an adult) please contact us using the contact information as provided on our Website.