Terms of service
1. Overview / Introduction
1.1 This website can be accessed at www.zellaskincare.com (the “website”) and is owned and operated by Zella Skincare (PTY) LTD (2021/634886/07), trading as Zella Skincare, a company incorporated in the Republic of South Africa (hereinafter referred to as “Zella Skincare“, “we“, “us” and “our“).
1.2 These Terms and Conditions are binding and enforceable against all persons that access the Zella Skincare website or any part thereof in terms of section 11(3) of the Electronic Communications and Transactions Act 25 of 2002 (hereinafter referred to as “ECT“). This document governs the relationship between you and Zella Skincare.
1.3 These Terms and Conditions apply to all customers (“you“, “your“, “user“, “customer“) of the website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
1.4 Please read these Terms and Conditions carefully before accessing or using our website. If you do not agree to these Terms and Conditions you must leave the Zella Skincare website now, as further use will automatically bind you to these Terms and Conditions. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.
2. Definitions and interpretation
2.1 “Zella Skincare” means the Zella Skincare website located at www.zellaskincare.co.za and includes but not limited to any part or element thereof.
2.2 “Customer“, “you“, “your” and “user” means any person who enters or uses the Zella Skincare website, notwithstanding the fact that such person only visited the home page of the website.
2.3 “Products“, “goods” and “services” “items” means any tangible or intangible item you are able to shop for on this website.
2.4 “Package” or “parcel” means any tangible item/s you have purchased from Zella Skincare packed in a box in order to be carried or sent by post.
2.5 References herein to the singular includes the plural and vice versa.
2.6 Notwithstanding the fact that hyperlinks in these Terms and Conditions to copyright notices and legislation should be deemed part of these Terms and Conditions in terms of section 11 of the ECT Act, the fact that some of the hyperlinks may be non-operational, shall not play a role in determination of the validity and interpretation of these Terms and Conditions.
2.7 A copy of the ECT Act can be found on the following website: www.gov.za .
2.8 “The website” includes but is not limited to content, material, trademarks, information, domain names, software, patents, icons, design elements, graphics, database, layouts, text, hyperlinks, advertisements, sound clips, logos, video clips, trade names and copyright.
2.9 “Vouchers” and “coupons” means that Zella Skincare may release digital vouchers and/or promotional codes and/or coupons that will allow you to be able to redeem against your online purchase on this website.
3. Usage of the website, licensing and registration
3.1 When you access or use this website, you confirm that this will not be done for any purpose that is unlawful or prohibited as set out by these Terms and Conditions, including notice displayed on the website.
3.2 You may not use the website in violation of South African laws and regulations. If you access the website from locations outside of South Africa then you are responsible for compliance to all applicable local laws and regulations.
3.3 Any unauthorised commercial use of the website services, or the resale of its products and services, is expressly prohibited. Content from the website shall not be used or exploited by customers for any commercial and non-private purposes without the prior written consent of Zella Skincare.
3.4 Zella Skincare licenses the customer to view, download and print the content of the website, provided that such content is used for personal, educational and/ or non-commercial purposes only.
3.5 If you use the content from this website in breach of the provisions detailed herein;
3.5.1 Zella Skincare reserves the right to claim for damages from you;
3.5.2 Zella Skincare reserves the right to institute criminal proceedings against you; and
3.5.3 Zella Skincare shall not be liable, an any manner whatsoever, for any damages, loss or liability resulting from the use of such content by you or any third party who obtained any content from you.
3.6 Generic Term Hyperlinks to the Zella Skincare website from any other source shall be directed to the homepage of the website. Product specific links will lead to their relevant product page. Zella Skincare shall not be liable, in any manner whatsoever, for damage, loss or liability that results from the use of content from the website, if such content is accessed through a hyperlink not directed at the homepage of the website. Persons that wish to link to content beyond the home page of the website shall do so at their own risk and indemnify Zella Skincare against any damage, loss or liability that may result from the use of the content from the website, if such content was accessed through a hyperlink not directed at the homepage of the website. Zella Skincare non-liability for deep linking is based on the fact that deep links bypass these Terms and Conditions.
3.7 Customers may quote small and reasonable portions of content available from the website only if such quote is placed in inverted commas and its origin acknowledged.
3.8 All permissions and/or licences granted in terms of this clause 3 are provided on anon-exclusive and non-transferable basis and may be terminated or cancelled by Zella Skincare at any time without giving reasons therefore.
3.9 Only registered users may order product(s)/ goods from this website.
3.10 To register as a user and thereby create an account, you must provide a username and password and give certain personal information to Zella Skincare. You will use your username and password to access your account in order to purchase product(s) and goods, manage your personal details, account, orders and more.
3.11 By creating an account you agree that your username and password will be used for your personal use only, and will not be disclosed to any third party.
3.12 You agree that once your username and password has been entered to access your account, irrespective of whether the use of it is unauthorised or fraudulent, you will be liable for any payments or orders made, unless the order is cancelled by you.
3.13 You agree that you are 18 years or older and are legally entitled to enter into a binding agreement. No person under the age of 18 is permitted on this website.
4. Property of Zella Skincare & intellectual property
4.1 All intellectual property on the Zella Skincare website, including but not limited to content, material, trademark, information, domain names, software, patents, icons, design elements, graphics, database, layouts, text, hyperlinks, advertisements, sound clips,, logos, video clips, trade names and copyright are the property of or licensed to Zella Skincare and are protected by international and domestic law.
4.2 You do not acquire any right, interest or title in or to use the website or the website content.
4.3 Unless specifically authorised in terms of these Terms and Conditions or in writing by Zella Skincare, then and only then will you have limited right of use of Zella Skincare intellectual property.
4.4 All intellectual property of Zella Skincare will at all times remain the property of Zella Skincare, and the user will not obtain any rights, title or interest in any of Zella Skincare intellectual property.
5. Electronic communications
5.1 When you access or use the website, opt into marketing communication, sign up for the Zella Skincare newsletter, register and account, buy a product or conclude a transaction, send an email to @zellaskincare.com you agree to receive electronic communications from Zella Skincare. You are able to opt out any any point.
6. Disclosures required by governing law
Access to the content, services and software downloads available from the website is termed as “electronic transactions” in respect of the ECT Act and therefore you have the rights set forth in Chapter 7 of the ECT Act. Zella Skincare has the responsibility to publish the following information:
6.1 The full name and legal status of the website owner: Zella Skincare (Pty) Ltd ;
6.2 Main business: Zella Skincare (Pty) Ltd distributes products in South Africa
6.3 The website address of Zella Skincare is: https://www.zellaskincare.co.za
6.4 The contact email address is: support@zellaskincare.com
6.5 Street address: 2 Napoleon Close, La Rochelle, Cape Town, 7530
6.6 Postal address: 2 Napoleon Close, La Rochelle, Cape Town, 7530
6.7 Physical address for receipt of legal service: 2 Napoleon Close, La Rochelle, Cape Town, 7530
6.8 The costs related to access and use the website are free.
6.9 In respect of section 42(1)(d) of the ECT Act, the cooling off provisions of the ECT Act do not apply to this website.
7. Complaints
7.1 If you have any complaints in respect of the standard and quality of the product(s) bought on this website, an after sales case should be created.
7.2 An after sales case can be created by contacting or emailing us at support@zellaskincare.com, where you will be able to provide us with your feedback.
8. Product availability, promotional items and product changes
8.1 Zella Skincare reserves the right to distribute promotional items solely on the website.
8.2 We will make all practicable endeavours to ensure that promotional items are stopped when the stock runs out.
8.3 All products presented on the website are subject to availability.
8.4 Zella Skincare will make all practicable endeavours to ensure that when stock in unavailable, the specific item is suspended or discontinued on the website.
8.5 If we are unable to execute an order due to the specific item being sold out, we will notify you as soon as reasonably possible and you will qualify for a reimbursement for the Rand value which you have paid for the item.
8.6 Zella Skincare reserves the right to communicate products to you on the website, this may include but is not limited to name changes, discontinuation of products, packaging and formula changes.
9. Pricing of products
9.1 Each product price will be set out on the product catalogue.
9.2 If there is a specific offer, that specific price will be displayed.
9.3 All products within the catalogue are subject to Value Added Tax at a rate of 15%.
9.4 Zella Skincare will make all practicable endeavours to accurately show prices and delivery fees.
9.5 Prices for our products are subject to change without notice.
9.6 If a product is presented at an inaccurate price and/or inaccurate delivery fee is displayed, Zella Skincare is not compelled to supply product(s) at the inaccurate price and/ or delivery fee.
9.7 Zella Skincare will be accountable to restore payments made for products or delivery fees purchased by you at an inaccurate price should you not want to proceed with the purchase at the accurate price and/or delivery fee.
9.8 Zella Skincare reserves the right at any point to modify a price of a product or discontinue a product without notice.
9.9 We shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of a product.
10. Purchasing products
10.1 The website authorises customers to place electronic orders for one or additional products on offer so long as the product are available and not sold out.
10.2 Customers are unable to reserve products to be bought at a later date. Putting aa product in you shopping cart without entirely completing the order, does not equate to a sale or an order.
10.3 an agreement of sale between Zella Skincare and the customer will only take effect once the customer has completed all of the below:
10.3.1 Entirely completed and submitted the online order form for one or additional products in the customers shopping cart;
10.3.2 The customers payment has been approved by Zella Skincare and/ or has been secured into Zella Skincare’s bank account;
10.3.3 The product is available.
10.4 If a product becomes out of stock before the sale takes effect, Zella Skincare is authorised to take out any item from your shopping cart.
10.5 If a product becomes unavailable by the time you try to entirely complete a purchase at a later time, Zella Skincare takes no responsibility.
10.6 The invoice for the customers purchase will be in their package, emailed to the nominated email address and made available online in their account dashboard on the website.
10.7 Zella Skincare reserves the right to refuse any order placed with us.
11. Evidence keeping of transactions
11.1 Entire records of every transaction between Zella Skincare and you are kept on the website in your account dashboard for 12 months after every purchase.
11.2 During this specific time, you will be able to view, download and print each record.
11.3 After 12 months the duty to retain such records remains with the customer.
12. Order cancellation
12.1 You are allowed to cancel your order, either partly or entirely, without attracting any administration fees on condition that your order has not already been shipped from our warehouse.
12.2 You will be required to cancel your order on our website through your account dashboard on the orders page.
12.3 Should you cancel your order after such time that your order has already been shipped from our warehouse, you will be refunded after a deduction of the total of your shipping cost.
12.4 Zella Skincare reserves the right to refuse the processing of payment for any order and/or to cancel any order, partially or entirely, with notice given to you.
12.5 Zella Skincare may, in our sole discretion, limit or cancel quantities purchased per person or per order. These limitations may include orders made by or under the same customer account, the same credit card and/or orders that utilise the same shipping and/ or billing address.
12.6 In such an occurrence that we alter or cancel and order, we may attempt to notify you by contacting the email address and/or billing address or phone number given with the customer account used to place the order.
12.7 We will be accountable to reimburse you the Rand value paid only if you have already paid for the cancelled order and such payment has reflected in the Zella Skincare bank account.
12.8 We reserve the right to limit or prohibit the orders that, in our sole judgement, seems to be put forth by resellers, dealers or distributors.
13. Payment options
13.1 An authorised payment processing gateway will be utilised to process payment transactions.
13.2 Card transactions will be acquired for Zella Skincare via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquired Banks. Users may go to www.paygate.co.za to view their security certificate and security policy.
13.3 PayGate utilises the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no card details will be kept on the website, and your Zella Skincare account details will be independent from your payment details.
13.4 Payments may be made via Visa and Mastercard.
13.5 When you create an order, the transaction details will be given to your bank for approval of the payment value.
13.6 The order will be cancelled if approval for the transaction is not obtained.
13.7 Should approval be obtained, payment is normally instantly deducted from your nominated bank account.
13.8 The transaction currency is South African Rand (ZAR).
13.9 You guarantee when you proceed with payment for your order that you are fully permitted to use the credit card and that there is adequate funds on the credit card to pay the fees of any transactions you process on the website.
13.10 Zella Skincare is in no way liable for any loss or damages incurred to you from fraudulent transactions taking place on your account which arise from you or any unlawful or unauthorised person entering your payment card details on the website.
14. Delivery
14.1 Delivery fees
14.1.1 Zella Skincare charges delivery fees based on the size and weight of the product(s) in respect of the total order and taking into consideration the location of delivery.
14.1.2 Delivery fees are charged in ZAR amount and calculated at the end of the order for the customer.
14.2 Place of delivery
14.2.1 Zella Skincare delivers orders within business hours only in the Republic of South Africa.
14.2.2 We deliver door to door and packages are sent to a street address.
14.2.3 We do not deliver to PO Boxes.
14.2.4 You will be required to indicate where in South Africa you want delivery and provide your contact information to be used in connection with the delivery.
14.2.5 Your package will be delivered to the address you specify in the checkout procedure.
14.2.6 Delivery will be deemed to have taken place once the courier has obtained a signed delivery run sheet or electronic equivalent from any person at the specified address.
14.2.7 If there is no one present at the time of delivery, our courier may use the contact number provided to be used in respect of the delivery in order to indicate that a delivery was attempted.
14.2.8 If the first attempt of delivery could not take place, your purchased product(s) will be stores with the courier company for a maximum of 7 days. It is your responsibility to contact the courier company directly within those 7 days to arrange a second delivery or collection of your parcel from the courier company. We will make all reasonable efforts to keep track of parcels and do our best to make contact with customers in respect of their parcels if the above mentioned situation does take place.
14.2.9 If you are unable to arrange a second delivery or collection of your parcel within the stipulated time frame in section 14.2.8, your parcel will be sent back to our warehouse. We will attempt to contact you to arrange another delivery attempt – you will be charged a second delivery fee based upon your location, weight and size of the parcel.
14.3 Delivery times and delays
14.3.1 Delivery time frames are deemed as having started upon confirmation of order completion sent to you via email from Zella Skincare.
14.3.2 Subject to stock availability and receipt of payment, orders will be processed within 3-5 working days and handed over to a courier company to be delivered to you.
14.3.3 Unless we inform you otherwise before you place your order and before final confirmation, the estimated maximum delivery time for an order is 1-7 working days, depending on your location.
14.3.4 Deliveries are made to street addresses only and thus no deliveries to PO Box addresses are allowed.
14.3.5 All deliveries take place during business hours only, thus no deliveries over weekends or on public holidays.
14.3.6 Zella Skincare will supply all products to the courier company in good order and will ensure the products bought are delivered to your stated delivery address in the same order.
14.3.7 Zella Skincare will within reason ensure that delivery information provided on the website is correct and should delays incur with deliveries, every reasonable effort will be made to inform you.
14.4 Delivery complete
14.4.1 A delivery is deemed complete as soon as the package is handed to an individual at your chosen delivery address and signed for.
14.4.2 This is also applicable when the package has been handed over by the courier as indicated in their tracking system.
14.4.3 As the buyer, it is your responsibility to ensure that you or the intended receiver inspect the package on arrival and makes any well founded complaints known.
14.4.4 The receiver has the right to refuse the package if in any way it appears to have been opened or it is already damaged.
14.4.5 Such claims and complaints must be directed to the attention of Zella Skincare by logging a return or refund on the website through your account dashboard.
14.5 Lost parcels
14.5.1 Should you not receive your package within 10 days of the date the courier receives your product(s) on the tracking system, it is your responsibility to notify us.
14.5.2 Should you not notify us within a 30 day period, any claim to the product will be deemed to have been waived and lapsed.
14.5.3 If neither the tracking system nor the warehouse provides any indication where your package is, you need to contact Zella Skincare on support@zellaskincare.com.
14.5.4 If your parcel is found, it will be sent to the delivery address specified by the normal procedure.
14.5.5 If the package is declared lost and you have notified us within the stipulated time period, Zella Skincare will notify you and reimburse you for the lost package – the amount of the product purchased and the delivery fee paid by you.
14.6 Damaged parcel
14.6.1 Should your package arrive damaged, the receiver of the package is required to write an endorsement on the delivery couriers run sheet at the time of receiving the goods.
14.6.2 In the situation where the customer notices any damages after the courier has already left, they must repost the damages to us within 24 hours by logging a return/refund on the website through their account dashboard.
15. Vouchers
15.1 Zella Skincare may disclose digital vouchers and/or promotional codes or coupons (“vouchers”) on occasion that will authorise you to be able to redeem it against your online order.
15.2 These vouchers may be presented through different forms of media or through the website and/ or third party.
15.3 Vouchers are only allowed to be redeemed against your purchase on the website on condition that the voucher is valid and identified expiry dates cannot be altered.
15.4 Vouchers are not redeemable for cash.
15.5 Vouchers cannot be used to purchase another voucher.
15.6 Vouchers are not transferrable.
15.7 A voucher can only be redeemed against a purchase once the full amount of the voucher is necessary as any difference between the purchase transaction and the voucher will not be redeemable for cash.
15.8 The amount of the voucher will be subtracted from the total amount of the purchase price of your shopping cart and the outstanding value must be paid by you.
15.9 If you have redeemed a voucher against a purchase and you wish to return only one of a few products bought, we will recalculate the entire amount of your purchase after the returned product(s) have been deducted.
15.10 If you have redeemed a voucher against a purchase and you wish to return all the products bought, we will credit your account with the Rand amount of the purchase and reissue the voucher with the same terms and conditions.
16.Gift vouchers
16.1 Zella Skincare may make available on the website digital gift vouchers that may be bought to be redeemed against any purchase.
16.2 Gift vouchers can only be redeemed while they are valid and expiry dates will not be extended.
16.3 Gift vouchers cannot be used to purchase other vouchers or gift vouchers nor exchanged for cash.
16.4 You will be able to redeem more than one gift voucher against your purchase.
16.5 You will be able to check the balance of your gift voucher in your account dashboard on the website.
16.6 The gift voucher shall be sent to you on your chosen recipient via email and made available for viewing in your account dashboard under ‘vouchers’.
16.7 Gift vouchers are not refundable for cash once bought.
16.8 The credit of your gift voucher does not accrue any interest nor does it have a cash value.
16.9 The value of the gift voucher will be deducted from your total amount in your shopping cart and the outstanding amount must be paid by you.
17. Accuracy of billing and account information
17.1 You agree to give correct, complete and current purchase and account information for every purchase made through the website.
17.2 You agree to punctually update your account and other information, including but not limited to your email address, payment card number and expiration dates, so that we can complete your transactions and contact you as required.
18. Fraud
18.1 Zella Skincare reserves the right, in the interest of preventing fraud, to refuse to to accept or undertake the payment of any order and/ or to cancel any purchase, partially or entirely.
18.2 We also reserve the right to blacklist the customer from the website should it be questionable whether the customer is unlawfully or fraudulently distributing the products bought from the website.
18.3 In such a situation, we will provide notice to the customer and we will only be accountable to refund the money already received.
18.4 We accept no liability which may occur as an outcome of such blacklisting and/or refusal to process any order.
18.5 We may ask for documentation to discharge the required fraud checks and cancel any order where the required documentation is not provided for in a prompt manner.
18.6 Should a fraudulent purchase be made on the website, the cardholder is advised to commence a chargeback through their bank in order to be reimbursed.
18.7 We will not process refunds for orders that are suspected of fraud.
18.8 We do not provide order details relating to orders that are suspected of fraud.
19. Changes
19.1 Zella Skincare reserves the right, in its sole and absolute discretion, to the following at any point, without prior notice:
19.1.1 Change the Terms and Conditions, or any part thereof;
19.1.2 Change the content and/or service(s) available from the Zella Skincare website;
19.1.3 Discontinue any aspect of the Zella Skincare website; and/ or
19.1.4 Change the software and hardware required to access and use the Zella Skincare website.
20. Amendments to the Terms and Conditions
20.1 Zella Skincare expressly reserves the right, in its sole and absolute discretion to change the Terms and Conditions, or any part thereof.
20.2 Zella Skincare may inform account holders within 7 days of changes made via email to the address provided by the account holder upon registration.
20.3 Once the amended Terms and Conditions have been sent to the account holder, it will be their responsibility to make certain that they have read through them and are satisfied with the amendments.
20.4 If the account holder is not satisfied with the amendments to the Terms and Conditions, they have the right to terminate their account.
20.5 If you do not have a registered account with Zella Skincare we are unable to send the amendments to you and should you enter into a transaction with us it will be considered that you have consented to such amendments.
20.6 Once the amended Terms and Conditions have been published on the website they will become effective immediately and override all previous Terms and Conditions and it is your responsibility to check for any amendments or updates on the website.
20.7 If you are unsatisfied with any of the amendments you should not use the website and should leave immediately.
20.8 If you proceed with utilising the website after the amendments have been published it is deemed that you accept them and you will be bound by it.
20.9 The Terms and Conditions will be effective from the date of publication and continue indefinitely as amended by Zella Skincare.
21. Removal and correction of content
21.1 Customers are encouraged to report defamatory, untrue, inaccurate, infringing, illegal and/or harmful material available from the Zella Skincare website to Zella Skincare (Pty) Ltd at support@zellaskincare.com
21.2 Zella Skincare undertakes to correct and/or remove material or any part thereof if the individual informing of such material gives reasonable grounds to prove the alleged nature of the material.
22. Correct, completeness and timeliness of information
22.1 Zella Skincare is not liable if information made accessible on this website is not correct, complete or current.
22.2 The subject matter on this website is for general information purposes only and ought not to be relied on or utilised as the only basis for decision making without consulting primary, more correct, more complete or more current sources of information.
22.3 All reliance on the information on this website is at the customers own risk.
22.4 The website may subsist of particular information which is not current and is given for reference only.
22.5 Zella Skincare reserves the right to amend the material of the website at any point, but are under no obligation to update such information.
22.6 You agree that it is your duty to keep track of any changes to the website.
23. Errors, inaccuracies and omissions
23.1 There is the possibility that there is information on Zella Skincare’s website or in the service that contains errors, inaccuracies, omissions or typographical errors that could relate to product descriptions, promoting, offers, pricing, shipping costs, transit times and availability.
23.2 We reserve the right to correct any errors, inaccuracies or omissions.
23.3 We reserve the right to amend or update information or cancel orders if any information on the website or in the service is inaccurate at any time without prior notice to you – including after you have placed your order.
24. Interception of communications
24.1 Subject to the provisions of the Regulation of Interception of Communications Act 70 of 2002, the customer agrees to Zella Skincare (Pty) Ltd’s right to filter, intercept, block, delete, read, disclose and use all communications sent or posted by the customer to the Zella Skincare website, its employees and staff; and
24.2 The customer acknowledges and agrees that the consent provided by the customer in clause 22.1 satisfies the “writing” requirement as detailed in the Electronic Communications Act and Regulation of Interception of Communications Act.
25. Governing law
25.1 The Zella Skincare website is hosted, controlled and operated from the republic of South Africa.
25.2 Therefore, these Terms and Conditions, any separate agreements, the website and its content and services are governed by South African law and enforced by South African courts.
26. Legal costs
26.1 Zella Skincare shall not be responsible for any costs incurred by the customer to obtain professional advice in respect of these Terms and Conditions.
27. Indemnification
27.1 Zella Skincare is responsible for adhering to the Consumer Protection Act 68 of 2008 with the sale of products on this website.
27.2 Zella Skincare is responsible for adhering to articles 43(5) and 43(6) of the Electronic Communications and Transactions Act in respect of payment systems and security.
27.3 However, the customer agrees and consents to indemnify, defend and hold harmless Zella Skincare and its parent companies, subsidiaries, partners, affiliates, employees, directors, officers, interns, agents, contractors, licensors, service providers, subcontractors, consultants and suppliers, from any and all demand, claim, liability, damages and/or costs including legal fees, asserted by any third party due or arising out of the customers use of or conduct with the website and its services or breach of the Terms and Conditions or the documents they incorporate by reference, or your violation of any law or rights of a third party.
28. Disclaimer / Limitation of liability
28.1 Subject to the provisions of section 43(5) and 43(6) of the Electronic Communications Act, if applicable, and as far as is allowed by law, Zella Skincare – including its employees, owners, suppliers, internet service providers, affiliates, partners and agents, shall not be liable for damages, loss or liability of any nature incurred by whomever and resulting from:
28.1.1 Access to the Zella Skincare website;
28.1.2 Inability to access the Zella Skincare website;
18.1.3 Access to the websites linked to the Zella Skincare website;
28.1.4 Inability to access the websites linked to the Zella Skincare website;
28.1.5 Content available on the Zella Skincare website;
28.1.6 Services available from the Zella Skincare website;
28.1.7 Downloads and use of content from the Zella Skincare website;
28.1.8 Any other reason not directly related to the Zella Skincare website.
28.2 Zella Skincare website is provided for on a “as is” basis and has not been assembled to meet the customer’s individual needs. It is the responsibility of the individual customer to assure themselves, before entering into agreement with us, that the content available from and through our website meets their specific needs and is compatible with their computer hardware and/or software.
28.3 Information, opinion and ideas expressed on the Zella Skincare website should not be considered as professional advice or the official opinion of Zella Skincare. Customers are encouraged to consult professional advice before taking any course of action in respect of the information, ideas or opinions expressed on the website.
28.4 Zella Skincare does not make any representations or warranties that the website will be available at all times. Users acknowledge that the website might be unavailable due to updates or other causes beyond the reasonable control of Zella Skincare, including, but not limited to unauthorised access, virus infections, power failures or other ‘acts of God’.
28.5 The information and services available on the website belonging to an affiliate may include inaccuracies or typographical errors.
28.6 Zella Skincare makes no guarantee on the availability, accuracy or completeness of the content on the website or the content on the website belonging to and maintaining by affiliates.
28.7 Zella Skincare cannot guarantee that the services will be 100% faultless or uninterrupted.
28.8 Zella Skincare makes no guarantee that the content, or technology attached to the website or affiliates website is free from omissions or errors.
28.9 If you have experienced any malfunction or error, kindly ensure that you report such to zella@zellaskincare.com.
28.10 You specifically agree that Zella Skincare shall not be responsible for non-authorised access to or alteration of your transmissions or data, any material or data sent of received or not sent or received, or any transactions entered into through service.
28.11 Zella Skincare and its respective suppliers or affiliates make no representation about reliability, suitability, availability, timeliness and accuracy of the service for any purpose.
28.12 Zella Skincare and/ or its suppliers and/ or affiliates will not be liable for the following:
28.12.1 Any direct, indirect, special incidental, consequential, punitive or any damages whatsoever including, without limitation, damages for the loss of use, data or profits, arising out of or connected in any way with the use of performance of the website and its services, or related websites;
28.12.2 The provision of or failure to provide services;
28.12.3 For any information, software, services or products and related graphics obtained through the services;
28.12.4 Or otherwise arising out of the use of the service
28.12.5 Whether based on negligence, tort, contract and strict liability or otherwise, even if Zella Skincare or any of its suppliers or affiliates has been advised of the possibility of damages.
28.13 If you are unsatisfied with any part of the service, or with any of these terms of use, it is your sole and exclusive solution to discontinue using the service and its related websites.
28.14 The website may contain references or links to other third party websites and affiliated outside of our control, while third party websites may also provide links or references to the Zella Skincare website. Notwithstanding the fact that the Zella Skincare website may refer to or provide links to third party affiliates and other websites, or visa versa, your use of such third party affiliates and other websites is entirely at your own risk and we are not responsible for any expense, claim, damage or loss, whether direct or indirect, or consequential, arising from your use of or transactions with, such third party affiliates and other websites, or your reliance on any information obtained from them, whether it be online or not.
29. Prohibited uses
29.1 In addition to the other prohibitions set out in the Terms and Conditions, you are prohibited from using this website and/ or its content:
29.1.1 For un unlawful purpose;
29.1.2 To solicit others to participate or perform in any unlawful act;
29.1.3 To violate any provincial or international rules, regulations, laws;
29.1.4 For any obscene or immoral purpose;
29.1.5 To insult, harass, intimidate, abuse, harm, defame, slander, disparage or discriminate based upon religion, ethnicity, nationality, sexual orientation, gender, age, race, disability, national origin;
29.1.6 To infringe upon or violate our intellectual property rights or the intellectual property rights of others;
29.1.7 To submit misleading or false information;
29.1.8 To collect or track the personal information of others;
29.1.9 To upload or transmit viruses or any other type of malicious code that may or will be used in any way that will affect the functionality or operation of the service or of any related website, other websites of the internet;
29.1.10 To spam, phish, pharm, spider, crawl, pretext or scrape;
29.1.11 To interfere with or circumvent the security features of the service of any related website or other websites of the internet;
29.1.12 If you are below the age of 18 years.
29.2 We reserve the right to terminate your use of the service or any related website for violating any of the prohibited uses.
30. Termination
30.1 The liabilities and obligations of the parties incurred before the termination date shall survive the termination of this agreement for all purposes.
30.2 These Terms and Conditions are effective unless and until terminated either by Zella Skincare or the customer.
30.3 Zella Skincare is entitled to terminate these Terms and Conditions or shut down the website at any point, with or without cause, with or without notice, effective immediately, for any reason whatsoever.
30.4 If in our sole discretion you fail or we suspect that you have failed to comply with any term or condition, we may terminate this agreement without notice and you will remain liable for all amounts due up to and including the date of termination.
30.5 You may terminate these Terms and Conditions at any time by notifying us that you no longer with to utilise our services, or when you cease using our website.
31. Entire agreements
31.1 These Terms and Conditions and any policies or operating rules posted by us on this website or in respect to the service constitutes the entire agreement and understanding between Zella Skincare and you and shall take precedence over any disclaimers and/ or legal notices attached to any communication and proposals whether oral or written, and/ or posting received by us.
31.2 Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
32. Severability
32.1 In the event that any provision of the Terms and Conditions is deemed to be unlawful, unenforceable, void or invalid for any reason, such term(s) and/or condition(s) shall be severable from the remaining Terms and Conditions. The remaining Terms and Conditions shall nonetheless be enforceable to the fullest extent permitted by applicable law.