Terms of service

Terms & Conditions

When buying or browsing oneskinemporium.co.za

  1. Website Terms of Use

These Terms (“the Terms”) govern your (“You” / “Your”) use of the One SKIN. Emporium® (Pty) Ltd (“We”/”Us”/“Our”) website located at the domain name www.oneskinemporium.co.za (“the Website”). By accessing and using the Website, You agree to be bound by the Terms set out in this legal notice. If You do not wish to be bound by these Terms, You may not access, display, use, download, or otherwise copy or distribute Content obtained at the Website.

  1. Your Consent

By using this Website or communicating with Us by electronic means, You consent and acknowledge that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be in writing.

  1. Updating of these Terms

We may change, modify, add to or remove from portions or the whole of these Terms. Changes to these Terms will become effective when the changes are posted to this Website. It is Your obligation to periodically review these Terms at the Website for changes or updates. Your continued use of this Website following the posting of changes or updates will be considered notice of Your acceptance to abide by and be bound by these Terms, including any changes or updates.

  1. Supplier of goods or services details

In accordance with the disclosure requirements of the Electronic Communications and Transactions Act (“ECTA”), Act 25 of 2002, the supplier of goods or services offered for sale, hire or exchange by way of an electronic transaction, makes the following information available to consumers:

4.1. Supplier is:

4.1.1. One SKIN. Emporium® (Pty) Ltd (“Supplier”),
4.1.2. a personal liability company duly registered and existing under the laws of South Africa with registration number: 2020/552740/07,

4.1.4. The Supplier’s Director is Celest Els,

4.1.5. The main business of the Supplier is that of an online retailer selling cosmetics and related products.

4.2. Supplier’s website is www.oneskinemporium.co.za and its email address is info@oneskinemporium.co.za

  1. Products and Services for Personal Use

The services and products, and any samples thereof, available on the Website are for Your personal use only. You may not sell or resell any of the services, products or samples you receive from Us. If, in Our sole discretion, We believe that any order to be filled or products or services to be provided to You may result in the violation of these Terms, We reserve the right, with or without notice, to cancel or reduce the quantity thereof.

  1. Payment

Payment may be made by Visa and Mastercard credit cards or by instant EFT bank transfer into our bank account, the details of which will be provided at check-out. The payment system allows for review, corrections and withdrawal by You prior to placing a final order.

  1. Delivery Policy

7.1. Subject to stock availability with suppliers and receipt of payment, requests will be processed within three (3) working days and handed over to a courier company for delivery. Delivery is free for orders in excess of R750 and a flat courier fee of R150 applies to orders below R750.

7.2. We do not deliver to Post-Offices or P.O. Boxes.

7.3. We deliver to farms, military bases, major chain stores, power stations, game reserves, lodges, airports or harbours. We do not deliver to vacant land or plots.

7.4. We will supply all goods to the delivery company in good order and will reasonably endeavour to ensure that goods arrive at Your chosen delivery address in the same good order.

7.5. Delivery times vary. On average customers can expect deliveries to metropolitan area addresses ie. Cape Town, Johannesburg, George, Port Elizabeth, Durban, Bloemfontein & Pretoria within 2-4 business days. Outlying areas expect delivery in 4-6 business days. 

7.6. In the event of unforeseen circumstances, delivery times may exceed the above guidelines, for which the Supplier cannot be held liable.’

7.7. If the delivery time has exceeded the above guidelines and forecasted times, please contact us so that we may conduct an investigation.

7.8. Packages are insured for loss and damage up to the value as stated by the courier. 

7.9. Once goods have been handed to the courier, any damage, loss, or other incurred upon transportation will be for the account of the courier agency who will be held solely responsible and liable.

  1. Complaints and disputes

8.1. Any complaints regarding the use of the Website or the standard and quality of the product or products bought by You through the e-commerce facility should be directed to: info@oneskinemporium.co.za.

8.2. Currently, Supplier does not subscribe to any alternative dispute resolution code or mechanism.

  1. Copyright and Intellectual Property Rights

9.1. We provide certain information on the Website. Content displayed at the Website is provided by Us, our affiliates or subsidiaries, or any other third party owners of the content. All the proprietary works (and the compilation of the proprietary works) and information and content available on the Website and its “look and feel”, including but not limited to logos, trade marks, service marks, images, graphics, text, button icons, audio clips, data compilations and software, and the compilation and organization thereof (collectively, the “Content”), is owned by Us, our affiliates, partners, subsidiaries, licensors or any third party owners of the rights (“Owners”), and the Content is protected by South African and international copyright laws, including laws governing copyrights and trademarks.

9.2. We may, at any time and without notice to You, make any changes to the Website, the Content, or to products or services offered through the Website. The Owners and Us reserve all rights in and to the Content. Except as specified in these Terms (particularly in the limited license in clause 11 below), You are not granted a license or any other right including under Copyright, Trade mark, Patent or other Intellectual Property Rights in or to the Content, and neither the Content nor any portion of the Website may be used, sold, copied, duplicated, reproduced, sold, resold, modified, accessed, or otherwise exploited, in whole or in part, for any purpose without Our express, prior written consent.

  1. Limited License to General Users

10.1. We grant You a non-exclusive, non-transferable, limited and revocable right to access, display, use, download and otherwise copy the current and future Content for personal, non-commercial and information purposes only.

10.2. This Website and the Content may not be reproduced or otherwise exploited for any commercial purpose without Our express prior written consent.

10.3. You may not collect product or service listings, descriptions or other information displayed here, nor make derivative use of this Website or the Content for the benefit of another merchant. You may not (a) license, republish, transmit, redistribute, sell or download this Website or any and/or all Content (except caching or as necessary to view this Website); (b) frame or make use of framing techniques to enclose the Website (or any portion thereof) or the Content without Our express written consent; (e) collect account information for Your benefit or for the benefit of another party; (d) reverse engineer, modify or create any derivative works based upon either this Website or any and/or all Content; (c) use this Website or any and/or all Content for non-personal use; (f) use any meta tags or any other “hidden text” utilizing any and/or all Content; or (g) use any technology (crawlers, spiders, software robots, or similar data gathering and extraction tools) to search or gain any information from this Website, or take any other action that may impose an unreasonable burden or load on Our infrastructure.

10.4. You must retain, without modification, all proprietary notices on this Website or affixed to or contained in this Website.

10.5. We grant You a limited, revocable and non-exclusive license to hyperlink to the home page of Our Website for personal, non-commercial use only. Any website that links to this Website (ii) may not imply that We are endorsing such website or its services or products or that You have any rights in Our Website or intellectual property; (iii) may not misrepresent its relationship with Us; (i) may link to, but not replicate, any and/or all of the Content; (iv) may not contain content that could be construed as obscene, controversial, offensive, distasteful, or illegal or inappropriate for any ages; (v) may not portray Us or Our products or services in a false, derogatory, misleading, or otherwise offensive or objectionable manner, or associate Us with undesirable products, services or opinions; and (vi) may not link to any page of this Website other than the home page. If we, in our sole discretion, request that You remove any link to this Website, You must immediately remove such link, upon receipt of such request, and cease any linking, unless separately and expressly authorized by Us in writing.

10.6. We and the Owners do not offer products or services to minors. If you are under the age of 18 you may not act upon any offers on the Website.

10.7. We and the Owners, affiliates or subsidiaries reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

10.8. Your license is automatically cancelled (without prejudice to any other remedy provided by applicable law or these Terms) if You do not get Our express, written permission before using this Website in a way these Terms do not allow, and We may cancel Your license at any time for any reason.

  1. Your Obligations and Responsibilities

You agree to comply with these Terms and any special warnings or instructions for access or use posted on the Website. You agree to always act in accordance with the law, custom and in good faith. You may not change or alter the Website or any Content or services that appear on the Website and You may not, in any way, impair the integrity or operation of the Website. Without limiting the generality of any other provision of these Terms, you are liable for any and all losses and damages caused to Us, our affiliates, subsidiaries, partners or licensors, by your negligent or wilful default of any of the obligations contained in these Terms.

  1. Limitation of Liability and Indemnification

12.1. Subject to sections 43(5) and 43(6) of ECTA, and to the extent permitted by law, the Website and all Content on the Website, are provided on an “as is” basis, and may include inaccuracies or typographical errors and We, the Owners, suppliers, employees, directors partners, affiliates, and agents will not be liable for any damage, or loss or liability of any nature incurred by whoever as a result of any action or omission. The Owners make no warranty or representation as to the availability, accuracy or completeness of the Content, or any third-party content accessible via an Internet link.

12.2. Neither We nor any holding company, affiliate or subsidiary of Us or the Owners, will be held responsible for any damage of any kind, related to the use of, or the inability to access or use the Content or the Website or any functionality, or of any linked website to the extent permissible by law. Links appearing on this Website are for convenience only and We, Our affiliates, or Our partners do not endorse the referenced product, service, content or supplier. If You link to or from any off-website pages or other websites, You do so at Your own risk. We do not assume responsibility for examining or evaluating, and we do not warrant the offerings of, off-website pages or any other websites linked to or from this Website. We also do not assume any responsibility or liability for the content, products, services or actions of such pages and websites, including, without limitation, their privacy policies and terms and conditions. The terms and conditions and privacy policies of all off-website pages and other websites that You visit should be carefully reviewed by You.

12.3. Our Website provides cosmeceuticals and skin related care products for sale. The use of any product bought from this Website is at Your risk. You and any other users indemnify Us, our affiliates and subsidiaries and hold Us, our affiliates and subsidiaries harmless against any loss, injury or damages which may be sustained as a result of using the products sold on the Website.

12.4. We attempt to be as accurate as possible when describing our products on the Website. However, to the extent permitted by applicable law, we do not warrant that the product descriptions, colours, information or other content available on this Website are accurate, complete, reliable, current, or error-free.

12.5. Use of the website is at your sole responsibility and risk. This website is presented on an “as is” and “as available” basis. We expressly disclaim all representations, warranties or conditions of any kind, whether express or implied, including but not limited to any implied warranties or conditions of satisfactory quality, no latent defects, merchantability, non-infringement, fitness for a particular purpose, accuracy, quiet enjoyment and title, except to the extent such representations and warranties are not legally excludable. Despite any warranty we may give, we will not be liable for any defect arising from your negligence, failure to follow instructions (whether oral or in writing) or misuse. You agree that, to the fullest extent permitted by applicable law, regardless of the form in which any legal action may be brought (whether in contract, delict (including negligence) or otherwise), our maximum aggregate liability for direct damages for anything giving rise to legal action will not exceed one thousand rand. Further, to the fullest extent permitted by law, we will not be liable for any indirect, special, punitive, incidental, or consequential loss or damage (whether foreseeable or unforeseeable) of any kind whatsoever and howsoever caused (including (a) lost profits, (b) interruption of business; (c) access delays or access interruptions to this website; (d) data non-delivery, misdelivery, corruption, destruction or other modification; (e) loss or damages of any sort incurred as a result of dealings with or the presence of third party links; (f) computer viruses, system failures or malfunctions which may occur in connection with your use of this site, including during hyperlink to or from third party websites (g) any inaccuracies or omissions in content or (h) events beyond our reasonable control. You agree that no claims or actions arising out of, or related to, the use of this website or these terms and conditions may be brought by you more than one (1) year after the cause of action relating to such claim or action arose.

12.6. You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand resulting from your use of this site or breach of these terms. You also agree to indemnify us for any losses, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.

12.7. A consultation is recommended before your purchase of any products and the below is important to notify the consultant about:

  1. Any known allergies towards Alpha Hydroxy Acids or Beta Hydroxy Acids?
  2. If you are currently pregnant or breastfeeding
  3. Any chronic medication you are currently taking
  4. If you have used Retinol (Vitamin A) on your skin before?
  5. 5. if you suffer from any skin condition such as Rosacea, Eczema or Psoriasis?

  1. Prohibited Uses

In addition to other prohibitions as set forth in the Terms & Conditions, 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,  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.

  1. Choice of Law and General

14.1. This Website is controlled, operated and administered by Us from our offices as set out above within the Republic of South Africa.

14.2. These Terms will be governed by the laws of the Republic of South Africa, and You consent to the jurisdiction of the Western Cape High Court, Cape Town, in the event of any dispute.

14.3. If any of the provisions of these Terms are found by a court of competent jurisdiction to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible so as to give effect to the intent of these Terms, and the remainder of these Terms will continue in full force.

14.4. These Terms constitute the entire agreement between Us and You with regard to the use of the Content and this Website and in relation to the subject matter hereof, and supersede and govern all prior proposals, agreements, or other communications.

14.5. Any favour We may allow You will not affect or substitute any of Our rights against You. Nothing contained in these Terms shall be construed as creating any agency, partnership or other form of joint enterprise between Yourself and Us. Our failure to require Your performance of any provision hereof shall not affect Our full right to require such performance at any time thereafter, nor shall Our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself.

  1. Online Assessment

15.1. The online skin assessment on this website, www.oneskinemporium.co.za, does not replace proper consultation with a Healthcare professional or Dermatologist.

15.2. Prescription is not to be construed as a written instruction by Celest Els as a medical practitioner, that authorises a patient to be issued with a medicine or treatment but only amounts to a recommendation. A patient who has not consulted in person is not a patient but rather an online customer. A person who has not consulted in person with the medical practitioner can in no way whatsoever be held to have received an actual written prescription. All use of the products must be followed by the product’s instructions for application. No liability can be ascribed to the medical practitioner where there was no physical one on one consultation.

  1. One BOX. Monthly Subscriptions

16.1 When signing up for a 3 month One BOX. subscription, there is a non-cancellation clause where this subscription may not be cancelled for any reason.

16.2 On the 6 and 12 month One BOX. subscriptions, you may cancel your subscription, but two calendar months notice is required. In certain instances, we may have already purchased product for the future boxes for which you have subscribed, and due to the nature of our relationship with suppliers, we are held liable for the cost of these items and therefore are unable to issue refunds as we have already committed to purchasing the product. Therefore the subscription may continue for up to 2 months after notice of cancellation is received, notwithstanding the subscription cancellation notice will become effective

  1. User Comments / Product Review Policy

One SKIN. Emporium (Pty) Ltd and it’s owners “Us” reserve the right to disapprove, remove or delete any comments or product reviews at anytime of our discretion if made by “You” on oneskinemporium.co.za 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. One SKIN. Emporium (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”. One SKIN. Emporium will disapprove comments that make use of broad-language ie. that do not use possessive adjectives to describe personal product experiences. 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.

  1. Testimonials

Written testimonials submitted by way of our website or contact form may be used by Us for purposes of marketing at anytime. 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 listed on www.oneskinemporium.co.za, including but not restricted to, One SKIN. Emporium website www.oneskinemporium.co.za, One SKIN. Emporium email subscribers list and / or One SKIN. Emporium 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).

  1. Contact Details

In the event that you need to contact Us for purposes related to these Terms and Conditions, please use the following:
Email: info@oneskinemporium.co.za