Terms and conditions of use
General information
Welcome to our Privacy Policy page! When you use our store services, you trust us with your information. This Privacy Policy is meant to help you understand what data we collect, why we collect it, and what we do with it. When you share information with us, we can make our services even better for you. For instance, we can show you more relevant search results and ads, help you connect with people or to make sharing with others quicker and easier. As you use our services, we want you to be clear how we’re using information and the ways in which you can protect your privacy. This is important; we hope you will take time to read it carefully. Remember, you can find controls to manage your information and protect your privacy and security. We’ve tried to keep it as simple as possible.
Right to access, correct and delete data and to object to data processing
Our customers have the right to access, correct and delete personal data relating to them, and to object to the processing of such data, by addressing a written request, at any time. The Company makes every effort to put in place suitable precautions to safeguard the security and privacy of personal data, and to prevent it from being altered, corrupted, destroyed or accessed by unauthorized third parties. However, the Company does not control each and every risk related to the use of the Internet, and therefore warns the Site users of the potential risks involved in the functioning and use of the Internet. The Site may include links to other web sites or other internet sources. As the Company cannot control these web sites and external sources, the Company cannot be held responsible for the provision or display of these web sites and external sources, and may not be held liable for the content, advertising, products, services or any other material available on or from these web sites or external sources.
Management of personal data
You can view or edit your personal data online for many of our services. You can also make choices about our collection and use of your data. How you can access or control your personal data will depend on which services you use. You can choose whether you wish to receive promotional communications from our store by email, SMS, physical mail, and telephone. If you receive promotional email or SMS messages from us and would like to opt out, you can do so by following the directions in that message. You can also make choices about the receipt of promotional email, telephone calls, and postal mail by visiting and signing into Company Promotional Communications Manager, which allows you to update contact information, manage contact preferences, opt out of email subscriptions, and choose whether to share your contact information with our partners. These choices do not apply to mandatory service communications that are part of certain store services.
Information We Collect
Our store collects data to operate effectively and provide you the best experiences with our services. You provide some of this data directly, such as when you create a personal account. We get some of it by recording how you interact with our services by, for example, using technologies like cookies, and receiving error reports or usage data from software running on your device. We also obtain data from third parties (including other companies). For example, we supplement the data we collect by purchasing demographic data from other companies. We also use services from other companies to help us determine a location based on your IP address in order to customize certain services to your location. The data we collect depends on the services and features you use.
How We Use Your Information
Our store uses the data we collect for three basic purposes: to operate our business and provide (including improving and personalizing) the services we offer, to send communications, including promotional communications, and to display advertising. In carrying out these purposes, we combine data we collect through the various store services you use to give you a more seamless, consistent and personalized experience. However, to enhance privacy, we have built in technological and procedural safeguards designed to prevent certain data combinations. For example, we store data we collect from you when you are unauthenticated (not signed in) separately from any account information that directly identifies you, such as your name, email address or phone number.
Sharing Your Information
We share your personal data with your consent or as necessary to complete any transaction or provide any service you have requested or authorized. For example, we share your content with third parties when you tell us to do so. When you provide payment data to make a purchase, we will share payment data with banks and other entities that process payment transactions or provide other financial services, and for fraud prevention and credit risk reduction. In addition, we share personal data among our controlled affiliates and subsidiaries. We also share personal data with vendors or agents working on our behalf for the purposes described in this statement. For example, companies we've hired to provide customer service support or assist in protecting and securing our systems and services may need access to personal data in order to provide those functions. In such cases, these companies must abide by our data privacy and security requirements and are not allowed to use personal data they receive from us for any other purpose. We may also disclose personal data as part of a corporate transaction such as a merger or sale of assets.
Introduction
This Agreement contains the complete terms and conditions that apply to you in buying products from our website. By using or shopping from this Web site, you agree to be bound by its terms of use and shall comply thereof. This Agreement describes and encompasses the entire agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content and the subject matter of this Agreement. Amendments to this agreement can be made and effected by us from time to time without specific notice to you end. Agreement posted on the Site reflects the latest agreement and you should carefully review the same before you use our site.
Payments
Essential Imports cc. has the sole discretion to provide the terms of payment. Unless otherwise agreed, payment must first be received by Essential Imports cc. prior to the latter’s acceptance of an order. Presently, payment can only be made by internet transfer or direct deposit of funds into our FNB bank account. Essential Imports cc. has all the discretion to cancel or deny orders. Essential Imports cc. is not responsible for pricing, typographical, or other errors in any offer by Virtualhair.co.za and reserves the right to cancel any orders arising from such errors.
Refund Policy
We will not provide a refund if you have changed your mind about a particular purchase, so please choose carefully. We will also not provide a refund or replacement if you have chosen the wrong colour spray for your hair colour.
If the spray can is faulty, or if you have been sent the wrong colour, we will meet our obligations under the applicable laws, providing you with a replacement can upon receipt of your faulty or incorrectly coloured can. The faulty or incorrectly coloured can may be sent to us by mail or courier, or delivered by hand. The cost of getting the faulty/incorrectly coloured can to us is to be borne by you.
Risk Of Loss
All items purchased from our website are made pursuant to a courier contract. The risk of loss and title for such items pass to you upon our delivery to the courier. We do not insure the parcels, so in the event of loss of a parcel or damage to the contents, you will not receive a replacement product free of charge from us. You can attempt to claim compensation from the courier company, but since the items are not insured, there is no guarantee that you would be compensated.
Product Pricing & Descriptions
The List Price displayed for products on our website represents the full retail price listed on the product itself including free delivery to the major centres listed on the site. Delivery to any other centre in South Africa (other than the major centres listed on the site), will only take place after receipt of a postage fee of R60-00 over and above the purchase price of the cans which have been ordered.
Acknowledgment of rights
You hereby acknowledge that all rights, titles and interests, including but not limited to rights covered by the Intellectual Property Rights, in and to the site, and that You will not acquire any right, title, or interest in or to the products advertised on our website www.virtualhair.co.za except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Program or proprietary information related thereto.
Fraud
FRAUDULENT ACTIVITIES are highly monitored on our site and if fraud is detected Essential Imports cc. shall resort all remedies available to us, and you shall be responsible for all costs and legal fees arising from these fraudulent activities.
WARRANTY DISCLAIMER AND LIMITATIONS OF LIABILITY
We will not be held liable for direct, indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this Agreement or from use of the products offered on www.virtualhair.co.za, even if we have been advised of the possibility of such damages. The contents of the Virtual Hair Spray product have been passed by the Port Health Authority in South Africa as being safe to use. Aerosol products with the exact same contents have been passed by the authorities and used safely in the U.K., Europe and the USA for many years. Virtual Hair Spray is however still used entirely at one’s own risk. We do advise that you use a face-mask during application of the spray if you are a regular user, or if you suffer with respiratory ailments such as asthma, emphysema or chronic bronchitis. We will not be held liable for any exacerbation of , or diagnosis of any new medical condition/illness which may arise after use of Virtual Hair Spray, even if a direct relationship between the product and the illness is proven. We make no express or implied warranties or representations with respect to any products sold and offered on our website (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. This site and its information, contents, materials, products and services are provided on an “as is” and “as available” basis. You understand and agree that your use of this site is at your own risk.
Confidentiality
You agree not to disclose information you obtain from us and we agree not to disclose your name, address, telephone numbers and e-mail address to any third party. All information submitted by an end-user customer pursuant to ordering a product is proprietary information of Virtualhair.co.za. Such customer information is confidential and will not be disclosed to third parties. It will be used only to contact you with regard to your purchase and to notify you from time to time if we are running a special offer or will be closing for the Christmas break etc. We agree not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.
Non-Waiver
Failure of Essential Imports cc. to insist upon strict performance of any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that the we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect.
No waiver by either party of any breach of any provision hereof shall be deemed a waiver of any subsequent or prior breach of the same or any other provision.
Miscellaneous
This Agreement shall be governed by and construed in accordance with the substantive laws of South Africa, without any reference to conflict-of-laws principles.
Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of South Africa, to the exclusion of any other courts without giving effect to its conflict of laws provisions or your actual state or country of residence.
The entire agreement between the parties with respect to the subject matter hereof is embodied on this agreement and no other agreement relative hereto shall bind either party herein.
Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without liability to us. However, we may assign this Agreement to any person at any time without notice.
In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.