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.
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.
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.
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.
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.
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.
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.
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.
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.
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.