TERMS AND CONDITIONS
INTRODUCTION
We want our clients to be happy with the products purchased from our stores. If you are not completely satisfied, you can return the product/s to us and we will either repair it, replace it, or credit your account, subject to the below terms.
This Policy applies to products bought from any Maskscara Retail Outlet, Maskscara Distribution Warehouse and Maskscara Online Store. This policy excludes Agents, Bulk Group purchases and Third-Party Re-Sellers which are dealt with separately. Certain parts of our returns Policy do not apply to Agents, Bulk Group Purchases & Resellers, which is indicated in the relevant section below.
This Policy forms part of the Maskscara Terms and Conditions, and so words defined in the Terms and Conditions have the same meaning in this Policy, unless the context indicates otherwise.
Nothing in this Policy is intended to limit your statutory rights in any way.
Your attention is drawn to our Terms and Conditions because they are important and should be carefully noted.
IMPORTANT NOTICE
This website can be accessed at http://maskscara.co.za; related mobi-sites and software applications (the “Website”) and is owned and operated by Maskscara (Pty) Ltd. (“Maskscara”, “we”, “us” and “our”).
Our Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Goods, and the use of the Website..
Our 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 (“registered user”).
By using the Website and by clicking on the “Register Now”/”Sign up” ”/”Log in” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
Our Website enables you to shop online for an extensive range of beauty industry related goods which may include Nail Polishes, Soak Off Gel Polishes, Gel, Hard Gel, Acrylic, Nail Tips, LED/UV Lamps and Nail Dryers, Nail Tools, Nail Art items, Skincare Items and so on (“Goods”).
CONSUMER PROTECTION ACT, 68 of 2008 (the “CPA”)
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;
If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Maskscara 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 Maskscara in terms of the CPA.
Maskscara permits 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.
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).
Preparing your products for a return
To ensure your request is processed as quickly as possible you are responsible for the following when returning your products.
Failure to adhere to any of these requirements could delay the processing of your request or result in its decline altogether.
The onus to return the product/s to us is on you and return shipping charges have to be paid by yourself (please note we do not accept returns via the Post Office, our PO Box and PostNet branches).
Upon your instruction we can collect the product/s from you using our courier if you wish to pay the stipulated return shipping fee directly to us (usually R150.00, more for parcels with a volumetric weight higher than 2kg). Our courier is entitled to refuse collection of a product/s that is not properly packaged for transport.
Once we have inspected the product/s and validated your return, we will credit your online profile account with the purchase price of the product within 7 days of the return.
Should you choose to obtain a refund and the original amount was paid to us using PayFast and any third-party as payment facilitator, the refund amount will be less the PayFast or third-party fees.
Please bear in mind that refunds can take 5 - 10 working days to be processed.
We are entitled to refuse a return if the returned product/s and its original packaging is damaged, not in a re-saleable condition or missing any accessories.
The following products are not eligible for a refund, exchange or credit.
Unwanted Products
You can return an unwanted product to us at no charge, provided that;
Return Procedure
You log a return via e-mail at orders@maskscara.co.za within 7 days of delivery to you or collection by you of the unwanted product/s.
After 7 days, you can only return a product if it is defective within 6 months of you taking delivery of the product, as long as such defect was not caused by your negligence and is within the warranty period.
Upon your instruction we will collect the product/s from you using our courier if you wish to pay the stipulated return shipping fee directly to us (usually R150.00, more for parcels with a volumetric weight higher than 2kg). Our courier is entitled to refuse collection of a product/s that is not properly packaged for transport.
Should a product be damaged. missing or missing any parts or accessories at the time of delivery or collection, please notify us within 24 hours of such delivery / collection by emailing us at orders@maskscara.co.za.
Changed your mind?
Where you have changed your mind, and would like a credit for a product, you can return it at your own cost to our warehouse if;
Want to exchange?
Items which are not consumables or where seals have not been broken (such as lamps, crystals, sealed wipes, etc.) can be exchanged, provided that such variation is in stock, is available at the same price as the product originally purchased, and is not on the excluded list as indicate above.
Upon your instruction we will collect the product/s from you using our courier if you wish to pay the stipulated return shipping fee directly to us (usually R150.00, more for parcels with a volumetric weight higher than 2kg). Our courier is entitled to refuse collection of a product/s that is not properly packaged for transport.
Not what you ordered?
If we accidentally delivered the wrong product to you, or if the product is not as described on the Website, please notify us within 24 hours of receiving your order and we will collect the product from you. If the product is missing any accessories or parts, you will need to follow the process set out below;
Products damaged or missing on delivery?
Should a product be damaged or missing any parts or accessories at the time of delivery or collection, please notify us within 24 hours of such delivery / collection by emailing us at orders@maskscara.co.za.
We will arrange to collect the product from you at no charge. Once we have inspected the product and validated your return, we will credit your online account with the purchase price of the product/s less the appropriate merchant fees within 10 days of the return.
Defective products?
We do our best to ensure that the products we deliver to you are of a high quality, and in good working order and without defects.
What is a defect? A defect is a material imperfection in the manufacture of a product or any characteristic of a product, which makes the product less acceptable than one would reasonably be entitled to expect in the circumstances. Please refer to our FAQs for some examples.
The following will NOT be regarded as defects and will not entitle you to a return under this section;
Product Colours/shades not exactly what I ordered?
Due to the many variations in lighting, monitors and browsers, colour swatches may appear different on different monitors. Computer/Cell Phone monitors are not all calibrated equally and colour reproduction on the Internet is not precise.
We have made every effort to represent our product colours online as close as we possibly can, added to this we have live video colour swatch albums available on our Instagram social media account and we provide testers for every shade instore to allow you to view the product before finalising your purchase.
Since it is not possible to guarantee an online colour representation will look the same on all computers, we do not guarantee that what you see accurately portrays the colour of the actual gel polish to the precise shade. If it is important that the colour be exact, it is highly recommended that you email or speak to a sales assistant instore or at our online team to make sure you are happy with your purchase before committing to payment.
Please note disclaimer attached to all Gel colour on our website below;
“We take real-life photos of our products to give you the most accurate presentation. Due to differences in lighting, screen resolution and personal colour settings, the colour of the item may differ slightly from that of the image. Maskscara will not accept responsibility for any colour differences that are not manufacturing faults. In purchasing from Maskscara you agree to accept the small risk that there will be a slight variation between the actual colour and the representation on our website”
It is for this reason we do not accept returns on colour swop outs.
Courier failed to deliver?
We have selected some of the best courier service providers in the country to ensure the on-time delivery of your purchase.
In some cases, for example end of season sales and other promotional sales days, courier service providers experience high volumes and shipments might be delayed by a couple of days.
Should your parcel not be delivered within 14 days of payment then we will dispatch a new parcel or at your choice we will credit your online account with the purchase price of the product/s and issue a credit voucher to you to be used against future purchases.
STANDARD WARRANTY
If you have received a product which turns out to be defective or otherwise of poor quality (save for direct warranty products which are discussed below), please notify us within 24 hours of collection or delivery of the defective product.
You can do so by logging a return via e-mail to orders@maskscara.co.za, and we will arrange to collect the product from you. You will be liable for the return courier charge. Once we have inspected the product and validated your return, we will credit your account with the purchase price paid at the time of purchasing the product. If the repair / replacement takes longer than 21 days from date of Maskscara accepting the return via courier waybill, we will get in automatically issue a store credit.
It is also important to note that it will be in the supplier or manufacturer’s discretion what remedy it can offer you. Maskscara is under no obligation to provide you with a credit, repair / replacement, as your remedy lies with the supplier or manufacturer. However, since we want your experience to be as pleasant as possible, if the supplier or manufacturer has offered you a repair / replacement within the applicable extended supplier warranty and it takes longer than 21 days, we will we will get in automatically issue a store credit.
GIFT VOUCHERS & COUPONS
There are two types of Coupons: a Coupon with a fixed amount of a discount, e.g. R100 off (“Fixed Coupon”), and a Coupon with a percentage discount, e.g. 10% off (“Percentage Coupon”).
Where you have used a Fixed Coupon to pay for an order, and you or Maskscara later cancels your order (or part thereof) prior to delivery of the relevant product(s), or you log a return of one or more products for a credit in accordance with the Returns Policy, the value of the Fixed Coupon will be deducted off the purchase price of the cancelled or returned product(s) (as applicable), and we will credit your account for the balance, if any (or refund you if that is your preference). We will also provide you with a replacement Fixed Coupon of the same value as the original Fixed Coupon used. Maskscara may in its sole discretion impose restrictions on the use of the replacement Fixed Coupon. For any subsequent cancellations or returns arising out of the same order, we will credit your account as normal with the value of the returned product (or refund you if that is your preference).
Where you have used a Percentage Coupon to pay for an order, and you or Maskscara later cancels your order (or part thereof) prior to delivery of the relevant product(s), or you log a return of one or more products for a credit in accordance with the Returns Policy, the value of the discount received using the Percentage Coupon will be deducted off the purchase price of the cancelled or returned product(s) (as applicable), and we will credit your account for the balance, if any (or refund you if that is your preference). We will also provide you with a replacement Fixed Coupon of the same value as the discount received using the original Percentage Coupon. Maskscara may in its sole discretion impose restrictions on the use of the replacement Fixed Coupon. For any subsequent cancellations or returns arising out of the same order, we will credit your account as normal with the value of the returned product (or refund you if that is your preference).
Wherever you have used a Gift Voucher to purchase a product that you later return for a refund in accordance with the Policy, we cannot refund you in cash for that portion of the purchase price which you paid using the Gift Voucher, but we will credit your account.
AGENTS AND RESELLER RETURNS
Agents and resellers returns are treated differently to products purchased directly from Maskscara when it comes to returns, given the fact that these entities purchase products at a discounted rate to on sell to customers. It is the reasonability of the Agent/Reseller to exchange products, offer a replacement, and if necessary, facilitate and pay for the goods to be returned to our central warehouse.
Any such returns shall be dealt with as follows;
RETURN CHARGES AND REFUNDS
If you return a defective product (excluding Special deals and end of life sale items) to us, but you fail to return all of the accessories and parts that were sold with that product, we are entitled to (subject to applicable law) to refuse the return, only to replace the item that you did return, or to estimate the value of the missing accessories and parts and only to credit or refund you in respect of the returned item.
If you return a product (excluding Special deals and end of life sale items) that does not comply with this Policy, you may be liable to reimburse Maskscara for the cost of collecting the product from you and the cost of having the product returned to you.
Please note that we only refund to the payment method that you originally used – i.e. payment by credit card will be refunded to the same credit card, payment by EFT or COD (cash on delivery) will be refunded to your nominated bank account.
Should you choose to obtain a refund and the original amount was paid to us using PayFast as payment facilitator, the refund amount will be less the PayFast fees.
REFUND POLICY
Our policy lasts 30 days. If 30 days have gone by since your purchase, unfortunately we can’t offer you a refund or exchange.
To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.
To complete your return, we require a receipt or proof of purchase.
Several types of goods are exempt from being returned. Perishable goods cannot be returned. We also do not accept returns on products that are intimate or sanitary goods, hazardous or chemical materials, or flammable liquids or gases.
Late or missing refund.
If you haven’t received a refund yet, always check your bank account and if the funds do not reflect then email orders@maskscara.co.za.
There is often some processing time from the payment gateways and credit card companies before a refund is posted.
SHIPPING
To return your product, you should mail your product to: Unit 4 Woodbridge Business Park, 452 Koeberg Road, Marconi Beam, Cape town Western Cape, South Africa, 7441.
You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.
Depending on where you live, the time it may take for your exchanged product to reach you, may vary.
If you are shipping items over ZAR10,000.00, you should consider using a trackable shipping service or purchasing shipping insurance.
We don’t guarantee that we will receive your returned item.
PRIVACY POLICY
SECTION 1 - WHAT DO WE DO WITH YOUR INFORMATION?
When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.
When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.
Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates.
SECTION 2 – CONSENT
How do you get my consent?
When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.
If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.
How do I withdraw my consent?
If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at any time, by contacting us at orders@maskscara.co.za or mailing us at:
Maskscara, Unit 4 Woodbridge Business Park Cape town Western Cape ZA 7441.
SECTION 3 – DISCLOSURE
We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.
SECTION 4 – SHOPIFY
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to
