General Terms and Conditions
By using everbeauty.co.za or any other website operated by Everlasting Products (C.C ), Everlasting Products CC. is the Registered Brand Owner and sole distributor of Ever Beauty products in South Africa (‘EverBeauty website’), you agree to be bound by these Terms and Conditions of use (‘Terms and Conditions’). If you do not agree with this policy, please do not use the Ever Beauty website. We reserve the right to change these Terms and Conditions, in whole or in part, at any time with or without notice. You should always check these Terms and Conditions prior to using the Ever Beauty website.
Your continued use of the Ever Beauty website following the posting of changes to these Terms and Conditions will signify your acceptance of those changes.
Please read these terms and conditions carefully, and should you have any legal questions please direct them to:
Everlasting Products C.C.
35-39 Monty Naiker Street /Pine Street, Durban KwaZulu Natal
100% satisfaction guaranteed
If for any reason your Ever Beauty product doesn’t satisfy your expectations, it will be exchanged for another or purchase price will be reimbursed*. This guarantee is valid for 30 days from the date of purchase.
*Reimbursements/exchanges are subject to the return of the product in its original state.
The Ever Beauty website is operated by Everlasting Products C.C. (referred to as ‘ Ever Beauty’, ‘we’, ‘us’ and ‘our’). The contents of the Ever Beauty website, including text, graphics, logos, button icons, images, audio clips, databases and software, are the property of Ever Beauty and are protected by South African and international copyright laws. Except as stated herein, none of the material on the Ever Beauty website may be copied, reproduced, distributed, republished, uploaded, displayed, posted or transmitted in any way whatsoever. However, you may download material for your own personal, non-commercial use. This is provided that you agree to abide by any copyright notice or other restrictions contained in any material included in or accessed through the Ever Beauty website and include any author attribution, copyright or trademark notice or restriction in any such material that you download.
You may not use such downloaded material for any commercial purpose. Modification of the materials or use of the materials for any other purpose is a violation of Ever Beauty’s copyright and other proprietary rights. ‘ Ever Beauty’ and the other Ever Beauty trademarks, trade names, service marks and logos appearing in the Ever Beauty website are proprietary trademarks of Everlasting Products C.C and any of its subsidiaries. The use of any of our trademarks or any other content on the Ever Beauty website, except as expressly provided in these Terms and Conditions of Use, is strictly prohibited.
Bulletin board and E-mail
Ever Beauty may offer features such as bulletin boards or e-mail functions as part of the Ever Beauty website (referred to as ‘Interactive Medium’). You may not submit any material that is unlawful, harmful, harassing, threatening, abusive, hateful, libellous, defamatory, obscene, pornographic, profane, vulgar, indecent, sexually explicit or otherwise objectionable that would constitute a criminal offence, give rise to civil liability, or otherwise violate any applicable law.
You may not submit any material that is protected by copyright, patent, or other proprietary right without obtaining permission of the copyright or patent owner or right-holder. The Interactive Medium shall not be used for any commercial purposes. Furthermore, you may not submit any material to solicit funds or to promote, advertise, or solicit the sale of any goods or services. You are expressly prohibited from soliciting other guests of the Ever Beauty website to become members of any commercial online service or other organisation. Any information or material submitted by you to the Ever Beauty website through the Interactive Medium will be deemed non-proprietary and non-confidential, and may be used by Ever Beauty without restriction. Without limiting the foregoing, by offering any information or material through the Ever Beauty website (e.g. through chat, bulletin boards, e-mail, contests or otherwise), you grant to Ever Beauty the worldwide, perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, edit, publish, make derivative works from and distribute such information or materials in any and all forms and media, now or hereafter discovered. Notwithstanding the foregoing, all personal data (e.g. name, address and telephone number) provided to Ever Beauty will be handled in accordance with Ever Beauty’s Security and Privacy Statement, a copy of which is available from Ever Beauty’s offices upon request.
We reserve the right, in our sole discretion, to edit any submission, and to choose to include or not include such submission in the Interactive Medium. The Interactive Medium includes the opinions, statements and other content of third parties. We are not responsible for screening, monitoring or verifying such content, including such content’s accuracy, reliability or compliance with copyright or other laws. Any opinions, statements or other content expressed by third parties are those of such third parties and not of Ever Beauty. Ever Beauty does not endorse any such opinion, statement or other material posted on or accessible through the Interactive Medium.
Unless otherwise specified, the materials in the site are presented solely for the purpose of promoting products available in South Africa. Ever Beauty manages this website from its offices located in Durban in South Africa. Ever Beauty makes no representation that materials contained in this website are appropriate or available for use in other locations. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Hyperlinks to or from other sites
Ever Beauty is not affiliated or associated with sponsors or producers of any third-party websites that hyperlink to or from the Ever Beauty websites. We explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from the Ever Beauty websites from such third parties.
We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from the Ever Beauty websites, since these third-party sites are owned and operated by independent retailers.
We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party.
The information, content, services, products and materials published on this web site, including without limitation, text, graphics and links are provided on an “as is” basis. Ever Beauty makes no representations or warranties of any kind, express or implied, as to the operation of this web site or the accuracy, correctness or completeness of the information, contents, materials, or products included on this site.
Without limiting the generality of the aforegoing, Ever Beauty does not warrant that this web site, will be error free, or will meet any particular criteria of accuracy, completeness or reliability of information, performance or quality; and whilst Ever Beauty has taken reasonable measures to ensure the integrity of this web site and its contents, no warranty, whether express or implied, is given that any files, downloads or applications available via this web site are free of viruses, Trojans, bombs, time-locks or any other date or code which has the ability to corrupt or affect the operation of your system. Any reliance on or use of such material shall be at your sole risk. Ever Beauty makes no representation or warranty that the Ever Beauty website will be available on a timely basis or will be uninterrupted or error free, that defects will be corrected, or that the Ever Beauty website or the servers that makes them available are free of viruses or other harmful components.
Limitation of Liability
In no event shall Ever Beauty and/or subsidiaries and/or its suppliers be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of this web site. Such limitation shall also apply with respect to damages resulting from the inability to use this web site, the operational failure of this web site, or for any information, data, products, and services obtained through this web site, or otherwise arising out of the use of this web site, whether based on contract, delict, strict liability or otherwise, even if Ever Beauty and/or subsidiaries and/or its suppliers have been advised of the possibility of damages.
In using the Ever Beauty Website you agree to indemnify and hold Ever Beauty, and its subsidiaries, affiliates, directors, officers, agents, contractors or other partners, and employees, harmless from and against any claim or demand, including reasonable professional advisor’s fees, made by any third party due to or arising out of material or information you submit, post to or transmit through an Interactive Medium, your use of the Ever Beauty website, your connection to the Ever Beauty website, your violation of the Terms and Conditions, or your violation of any rights of another.
Ever Beauty is dedicated to maintain the privacy of its online visitors and users. On this site, Ever Beauty does not collect personally identifiable information from individuals unless they provide it to us voluntarily and knowingly. Any information collected is used solely by Ever Beauty and its business partners who are involved in the operation of this site for internal purposes. Ever Beauty’s client lists are never sold to third parties.
Violation and Waiver
Should you violate these Terms and Conditions or any other rights of Ever Beauty and/or subsidiaries and/or its suppliers, Ever Beauty and/or subsidiaries and/or its suppliers reserve the right to pursue any and all legal and equitable remedies against you. If Ever Beauty and/or subsidiaries and/or its suppliers should fail to enforce any right or provision in these Terms and Conditions, you agree that this failure does not constitute a waiver of such right or provision or of any other rights or provisions in these Terms and Conditions.
If a court should find that one or more rights or provisions set forth in these Terms and Conditions are invalid, you agree that the remainder of the Terms and Conditions shall be enforceable and that, to the extent permitted by law, the court shall give effect to the parties’ intentions, as reflected in any such right or provision that has been declared invalid or unenforceable.
These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the Republic of South Africa without giving effect to the principles of conflicts of laws. You hereby consent to the exclusive jurisdiction of the High Court of the Republic of South Africa (Witwatersrand Local Division) in respect of any disputes arising in connection with this web site.