MyGoddessa

info@goddessa.co.za

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Terms and conditions

Terms and Conditions

  1. Website Terms and Conditions of Use

  • This document sets out the terms and conditions of Goddessa Feminine Care (Pty) Ltd (“trading as Goddessa”).
  • This website can be accessed at mygoddessa.co.za , related mobi-sites and software applications (the “Website”). It is owned and operated by Goddessa Feminine Care (Pty) Ltd t/a Goddessa (“Goddessa”, “we“, “us” and “our“).
  • These Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of , and the use of the Website.
  • These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registereduser”). By using the Website and by clicking on the “Register Now”/”Sign up” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
  • The Website enables you to shop online for an extensive range of lifestyle products cosmetics, personal hygiene and feminine care products (“Goods”).
  • Should users (“the user”) or any other person (“a user”) that accesses the website/Application disagree with any of the terms, such user must refrain from using the Website/Application and its product.
  • If users are under the age of 18 years old users must obtain the consent of their parent or legal guardian to be bound by these terms and conditions before purchasing any product or enlisting any of the product offered.
  • Goddessa reserves the right, in its sole discretion, to amend or modify the terms and conditions of this Agreement or its policies relating to the Service or Website at any time, effective upon posting of an updated version of this Agreement on the Service or Website. Such amendments shall supersede and replace any previous terms and shall be made available on the website. Each time a user accesses the website and/or uses the product, the user shall be deemed to have consented, by such access and/or use, to the terms , as amended and/or replaced by Goddessa from time to time.
  • Neither Goddessa nor its affiliates or licensors is responsible for the conduct, whether online or offline, of any user of the product. Goddessa and its affiliates and licensors will not be liable for any claim, injury or damage arising in connection with user’s use of the product.
  • The terms and conditions stated herein (collectively, this “Agreement”) constitute a legal agreement between users and Goddessa.

 

  1. Content of the Website

    • Goddessa reserves the right to make improvements, to change or discontinue, without notice, any aspect or feature of the Website/Application and any information or content on the Website or Application.
    • Goddessa reserves the right to change and amend the products, service and prices quoted on this website from time to time without notice.
    • Goddessa may use the service of a third party/ies to provide information on the Website. Goddessa has no control over this information and makes no representations or warranties of any nature as to its accuracy, appropriateness or correctness.
    • The user agrees that the information provided is “as is”, and that Goddessa and its on-line partners shall not be liable for any losses or damages that may arise from the user’s reliance on it.
    • Goddessa makes no representations or warranties of any nature, whether express or implied, as to its accuracy, completeness or reliability of any information and/or content on the website.
    • Goddessa does not warrant that the website, application, information or downloads shall be error – free or that they shall meet any particular criteria of performance or quality.
    • Goddessa expressly disclaims all implied warranties, including without limitation, warranties or fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
    • Goddessa has taken all reasonable measures to ensure the integrity of the website and its content, however no warranty is given that any files, downloads or applications are free from viruses, or data or code that has the ability to corrupt, damage or affect the operation of the user’s system.

 

  1. Important Notice

    • These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
    • These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –
      • may limit the risk or liability of Goddessa; and/or
      • may create risk or liability for the user; and/or
      • may compel the user to indemnify Goddessa; and/or
      • serves as an acknowledgment, by the user, of a fact.
  • Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
  • If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Goddessa to explain it to you before you accept the Terms and Conditions or continue using the Website. 
  • Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or us in terms of the CPA.
  • We permit the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions. 
  • These Terms and Conditions are divided into three sections, as follows:
    • Part A – Orders and Sales;
    • Part B – Privacy Policy; and
    • Part C – General Legal Terms.
  1. Returns

    • Please refer to our Returns Policy for more information about cancelling orders after delivery, and about returns (and related refunds, replacements or repairs).  The Returns Policy is incorporated by reference (which means that it forms part of these Terms and Conditions).

PART A

  1. Registration and use of the Website

    • Only registered users may order products or goods on the Website.
    • To register as a user, you must provide a unique username and password and provide certain information and personal details to us. You will need to use your unique username and password to access the Website in order to purchase products.
    • You agree and warrant that your username and password shall:
      • be used for personal use only; and
      • not be disclosed by you to any third party.
    • For security purposes you agree to enter the correct username and password whenever ordering products, failing which you will be denied access.
    • You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms and Conditions.
    • You agree to notify Goddessa immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
    • By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.
    • You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised Company representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
    • You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
    • You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised Company representative.
  1. Conclusion of Sales and availability of stock

    • Registered users may place orders for Goods, which Goddessa may accept or reject. Whether or not Goddessa accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation the price) and receipt of payment or payment authorisation by Goddessa for the Goods. 
    • The acceptance of your order will be confirmed by delivering the products to you, and only at that point will an agreement of sale between you and Goddessa come into effect (the “Sale”). This is regardless of any communication from Goddessa stating that your order or payment has been confirmed. 
    • Goddessa will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
    • Orders may not be able to be cancelled after receipt of payment and only after receipt of the product you may cancel the Sale, and only in accordance with the Returns Policy. 
    • Placing products in a shopping basket without completing the purchase cycle does not constitute an order for such products, thus such products may be removed from the shopping basket. Goddessa shall not be held liable if such products are not available when you complete or attempt to complete the purchase cycle at a later stage.
    • You acknowledge that stock of all products on offer is limited. In the case of products for sale, Goddessa will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, offers are discontinued on the Website.
    • We cannot guarantee the availability of stock. When products are no longer available after placing an order, we will notify you and you will be entitled to a refund of the amount paid by you for such products. 
  1. Payment

    • We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
    • Payment can be made via instant electronic fund transfer (EFT) or via Payfast.
    • We will send you an email or SMS communications about your order and payment.
    • Once you have selected your payment method and you accept these Terms and Conditions, you will be directed to a link to a secure site for payment of the applicable purchase price for the products.
  1. Delivery of goods

    • The purchased products will be delivered to you via courier. You will be given a unique tracking code which can be used to track the status of the delivery of your purchase.
    • In respect of any sales to international customers, such customers shall be responsible for the costs associated with custom duties and courier fees in their respective countries and with their respective authorities.
    • In respect of delivery within the Republic of South Africa Goddessa will deliver the products to you as soon as reasonably possible, but no later than 15 (fifteen) days of receipt of your payment (“Delivery Period”).
    • Goddessa will notify you if we are unable to deliver the products during the Delivery Period. You may then, within 7 (seven) days of receiving such notification elect whether or not to cancel your order for the products. If you elect to cancel your order, we will reimburse you for the purchase price. Should you elect not to cancel the order you will granted a voucher or credit.
    • Vouchers are valid for 6 moths after issue. If your Voucher has not been used within that period, it will expire.
  1. Errors

    • Goddessa shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of products on the Website.
    • However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy. 

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PART B – PRIVACY POLICY

  1. Privacy policy

    • We respect your privacy and will take all reasonable measures to protect it, as more fully detailed in our Privacy Policy, which is incorporated by reference.

PART C – GENERAL LEGAL TERMS

  1. Usage Restrictions

    • The user shall not:
      • Except to the extent expressly permitted under these terms, attempt to copy, modify, duplicate, create, re-publish, download, transmit or distribute all or any portion of the website, or application in any form of media or by any other means; or
      • Attempt to reverse compile, disassemble, reverse engineer or otherwise reduce all or any form of the Website, Application or Website;
      • Write and/or develop any derivative of the Website or any other website program based on the Website;
      • Without the Goddessas written consent, provide, disclose, divulge or the permit the use of or give permission to the Website to any person other than the user;
      • Remove any identification, trademark, copyright, or other notices from the website;
      • Post or transmit, by means of reviews, comments, suggestions, ideas or questions through the website, any content which is unlawful, threatening, abusive, harassing, defamatory, vulgar obscene, sexually explicit, hateful, racial or otherwise objectionable content of any kind;
      • license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Website in any way;
      • create Internet “links” to the Service or “frame” or “mirror” any Website on any other server or wireless or Internet-based device;
      • access the Website in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service or Website, or (c) copy any ideas, features, functions or graphics of the Service or Website,
      • launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Service or Website.
      • Notwithstanding anything contained to the contrary in these terms, use the website for any purpose other than for personal, non-commercial and information purposes.
    • Users confirm to us that users have (and will retain) all rights and permissions needed to enable us to use user’s Content as contemplated by the Website and these terms and conditions.
    • We reserve the right without notice or refund to suspend, alter, remove or delete content or to disclose to the relevant authorities any content or behavior if it is the subject of complaint or where we have reason to believe that it breaches our terms and conditions, or that such steps are necessary to protect us or others, or that a criminal act has been committed, or if we are required to do so by law or appropriate authority. If so, users must not attempt to re-publish or re-send the relevant content.
  1. Representations and Warranties

    • By using the Website or Service, users expressly represent and warrant that users are legally entitled to enter this Agreement. If users reside in a jurisdiction that restricts the use of the website because of age, or restricts the ability to enter into agreements such as this one due to age, users must abide by such age limits and users must not use the Website. Without limiting the foregoing, the Website is not available to children (persons under the age of 18) or others who are not capable of entering into binding contracts. By using the Website or Service, users represent and warrant that users are at least 18 years old and otherwise capable of entering into binding contracts.
    • By using the Website or the Service, users represent and warrant that users have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement.
  1. Security

    • In order to ensure the security of Goddessa and the product to all the Goddessa’s users; Goddessa hereby reserves the right to take whatever action it may deem necessary to preserve the security, integrity and reliability of its network and back-office applications.
    • Users may not use the website in any manner which may compromise the security of Goddessa’s network or tamper with the Website in any manner whatsoever, which shall include without limitation, gaining or attempting to gain unauthorized access to the Website, or delivering or attempting to deliver any unauthorized, damaging or malicious code to the website, all of which is expressly prohibited. Any person or entity which does so shall be held criminally liable.
    • Any user who commits an offence detailed in Chapter 18 of the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”) shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss, damage or harm suffered and / or incurred by the Goddessa and/or its affiliates.
    • User’s account on our Website is for user’s personal use only and is non-transferable. Users must take reasonable care to protect and keep confidential user’s password and other account or identity information. Users must notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password. Users are responsible for third parties who use user’s account or identity (unless and to the extent that we are at fault).
    • Users agree to provide Goddessa with any necessary proof of identity Goddessa may reasonably request.
  1. Risk, limitation of liability and indemnity

    • Where we describe products as “vetted” or similar, we are promising only that we have carried out certain checks as specified by the manufacturer. Users acknowledge that in carrying out these checks we are reliant on information supplied by third parties. We cannot guarantee that that information is accurate. Users use Goddessa products at their own risk, and acknowledge that the product is not a substitute for any medical product.
    • The transmission of information via the internet, including without limitation e-mail, is susceptible to monitoring and interception. The user bears all risk of transmitting information in this manner. Under no circumstances shall Goddessa be liable for any loss, harm, or damage suffered by the user as a result thereof. Goddessa reserves the right to request independent verification of any information transmitted via e-mail and the user consents to such verification should Goddessa deem it necessary.
  1. Cancellation and Breach

    • Goddessa is entitled without notice, in addition to any other remedy available at law or under these terms, including obtaining an interdict, to cancel these terms, limit or deny such user use of the website and product, charge an administration penalty, or to claim specific performance of any obligation whether or not the due date for performance has arrived, in either event without prejudice to Goddessas right to claim damages, should any user:
      • Breach any of these terms;
      • In the sole discretion of Goddessa, use the website in an unauthorized manner;
      • Infringe any statute, regulation, ordinance or law.
  1. Intellectual Property Rights

    • Intellectual Property Rights means all and any of the rights in and to intellectual property of any nature whatsoever owned and/or controlled directly or under license by Goddessa, now or in future, including rights, title, interest to technology, source codes, trade secrets, logos, systems, methods, trademarks, trade names, styles, insignia, designs, patents, copyrights and all other similar proprietary rights which may subsist in any part of the world, whether registered or not.
    • All copyright and intellectual property rights in all content, trademarks, website, data, material, texts, graphics, icons, hyperlinks, and the like published on the Website are the property of, or are licensed to, the Goddessa.
    • Except with the Goddessa’s written consent, no proprietary material from this Website may be copied or transmitted.
    • The Electronic Communications and Transactions Act of 2002 (the “ECT” Act) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under South African copyright law. If users believe in good faith that any content made available in connection with the product or site infringes user’s copyright, users (or user’s agent) may send Goddessa a notice requesting that the content be removed, or access to it blocked. Notices and counter-notices must meet the then-current statutory requirements imposed by the ECT Act.
  1. Third party website and third party content

    • Goddessa may provide links to third party websites. These links are provided for convenience purposes only and Goddessa does not endorse such websites, their owners, licenses, content, security practices or operations.
    • Goddessa does not accept liability or responsibility for the links to websites or information of third parties provided on other websites.
  1. Compliance with section 43(1) of the ECT Act

    • In compliance with section 43(1) of the ECT Act, the following is noted:
      • Full name: Goddessa Feminine Care
      • Registration Number: 2021/700450/07
      • Physical Address: 116 Dukes Court, Killarney
      • Website address: mygoddessa.co.za
      • E-mail: info@mygoddessa.co.za
      • PAIA:The manual published in terms of section 51 of the Promotion of Access to            Information Act 2000
  1. Third Party Interactions

    • Goddessa and its licensors shall have no liability, obligation or responsibility for any correspondence, purchase, transaction or promotion between users and any third-party.
  1. Disclaimer of Warranties

    • Goddessa makes no representation, warranty, or guaranty as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the products.
    • GODDESSA FEMININE CARE (PTY) LTD gives no guarantee and accepts no liability and cannot be held responsible for any damage or delay, including but not limited to a manufacturing defect, a product failure, or any hazard or potential hazard whatsoever which may result in injury, loss of income, revenue, or any other form of direct, indirect or incidental harm, contained in this package or any other product supplied by GODDESSA FEMININE CARE (PTY) LTD which may be caused by the negligence or omission of any person in manufacturing, packaging and/or handling the contents of this package. GODDESSA FEMININE CARE (PTY) LTD expressly acknowledges that the intellectual property (signage, logo, name etc.) shall remain the property of GODDESSA FEMININE CARE (PTY) LTD. No part of the products herein contained may be used, copied, adapted, sold, distributed, publicised or commercialised without the prior written consent of GODDESSA FEMININE CARE (PTY) LTD.
  1. Limitation of Liability

    • In no event shall the Goddessa’s aggregate liability exceed the amounts actually paid by and/or due from users in the six (6) month period immediately preceding the event giving rise to such claim.
    • Nothing on this website constitutes, or is meant to constitute, advice of any kind. If users require advice in relation to any legal, financial or medical matter users should consult an appropriate professional.
    • By using the service or website, users agree that the exclusions and limitations of liability set out in this agreement are reasonable. If users do not think they are reasonable, users must not use the service or website.
  1. Reporting or Submitting a Claim for return or refund

    • First report of a claim must be made 48 hours after receipt of the product. After first report, the user will be required to complete the full claim form within 3 days of receipt. We urge users to read through these terms and conditions prior to submitting a claim. All claims will be reviewed on a case-by-case basis.
    • During the claims assessment process, user will be required to provide written detailed: (i) proof of ownership of damaged/missing item (ii) proof of value of damaged/missing item and (iii) proof of damage or loss. In most instances a refund will only be granted if the packaging has been broken.
    • The user agrees to: (i) protect and preserve any damaged property that is the basis of a claim from further damage, (ii) assist and allow Goddessa or its insurers access to inspect and make copies, photographs and recordings of anything relating to the claim, (iii) request or accept a replacement.
    • Note that due to the Covid-19 pandemic all products must be returned in their original packaging.
  1. Notice

    • Except as explicitly stated, any notice shall be given by email to Goddessa, or to the email address that the user has provided (in the case of the user) or to any other address that has been specifically provided. Alternatively, the Goddessa may give the user notice by registered mail.
    • Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by registered mail) or 12 hours after sending (if sent by email).
    • User acknowledges that any and all agreements or notices to be given by law or by these terms are given in electronic form and that such communication shall be “in writing”.
    • Notwithstanding anything to the contrary, any notice actually received by the receiving party shall be deemed to be valid despite it not having being sent or delivered to the chosen address.
  1. Controlling Law and Jurisdiction

    • These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and users consent in terms of section 45 of the Magistrate Court Act to the jurisdiction of the Magistrate Court, alternative the user consents to the geographical jurisdiction of Gauteng Local Division High Court in the event of any dispute.
    • If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect.
    • These Terms and Conditions constitute the entire agreement between users and Goddessa with regard to the use of the Content and this Website.
  1. Alternative Dispute Resolution

    • To expedite resolution and reduce the cost of any dispute, controversy or claim related to this Agreement (“Dispute”), user and the Goddessa agree to first attempt to negotiate any Dispute (except those Disputes expressly excluded below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations will commence upon written notice, as set forth in 23 above.
    • Save for urgent or interim relief which may be granted by a competent court, in the event of any dispute of any nature whatsoever arising between users and Goddessa on any matter provided for in, or arising out of these T’s & C’s, and not resolved, then such a dispute may be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa.
  1. Assignment

    • This Agreement may not be assigned by the user without the prior written approval of the Goddessa but may be assigned without the users consent by the Goddessa to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) any other successor or acquirer.
    • Any purported assignment in violation of this section shall be void.
  1. General

    • No joint venture, partnership, employment, or agency relationship exists between the user, Goddessa or any third party provider as a result of this Agreement or use of the Service or Website.
    • If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.
    • The failure of Goddessa to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Goddessa in writing.
    • This Agreement comprises the entire agreement between users and Goddessa and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between user and Goddessa regarding the subject matter contained herein.

 

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Sole Distributor of FOELLIE Products

Address

GODDESSA FEMININE CARE PTY LTD

Contact

Tel: +27-60-873-3579 Email: info@mygoddessa.co.za