Terms of service

TERMS OF SERVICE

We are Nail Therapy. This is our website, available at nailtherapy.co.za, and these are our legal terms — including our Terms of Use, which you accept simply by visiting this website, and our Terms of Sale, which you accept when you place an order with us.

We may update these terms from time to time by revising this page.

If anything here is unclear, we're happy to talk it through — reach us at hello@nailtherapy.co.za.

Terms of Use

  1. Licence. We grant you a limited licence to use this website for your own personal, non-commercial use.
  2. Breach. We may suspend or cancel that licence if you breach any of these terms.
  3. Framing. You may not frame or embed this website within another website.
  4. Capacity. By visiting this website, you confirm that you have the legal capacity to do so.
  5. Accurate Information. Please only give us accurate information when you use this website.
  6. Ownership. We, or our licensors, own all rights in this website and its content.
  7. Trade Marks. Our trade marks — including the Nail Therapy name and logo — are our property, and you may not use them without our permission. All other trade marks belong to their respective owners.
  8. Restrictions. You may not change, hire out, reverse engineer, or copy this website without our permission.
  9. Your Own Risk. You use this website at your own risk, and we make no warranties about it.
  10. Indemnity. You indemnify us against any liability related to your use of this website.
  11. Direct Damages Limited. Our maximum liability to you for any claims for direct damages related to this website is R100.
  12. Indirect Damages. We are never responsible for any indirect damages.

Terms of Sale

  1. Introduction. These terms cover any purchase you make with us through this website.
  2. The Parties. We are the seller under these terms. You are the customer.
  3. Duration. These terms take effect once you accept them and remain in place until terminated.
  4. Orders. When you place an order with us:
    • You confirm that you have the legal capacity to enter into the transaction.
    • We accept your order at the point we deliver the goods to your chosen address, or make them available for collection — not simply on receipt of payment or on dispatch.
    • We may cancel any order; if we do, we'll refund any amount already paid, less reasonable expenses.
    • The laws of the Republic of South Africa apply to the agreement, concluded at your domicile.
    • Each order is treated as a separate agreement, though a breach of one is treated as a breach of all.
  5. Goods. We sell goods to you on the following basis:
    • Unless we agree otherwise, we choose the packaging and delivery method, and you cover the cost.
    • By purchasing through this site, you agree to our shipping policy.
    • We'll do our best to dispatch your order promptly, but we're not liable for delays, and delays alone are not grounds for cancelling an order.
    • Risk in the goods passes to you on delivery.
    • Ownership of the goods passes to you only once delivered or collected.
    • You hold the same rights against us as we hold against our own suppliers, under any warranty attached to the goods or required by law.
  6. Returns & Refunds. Full details live on our Returns & Refunds page, and the key points are:
    • You have 30 days from receiving your order to log any issue or request a return.
    • If you received the wrong item, or something was missing from your parcel, we'll arrange collection and send a replacement at no cost to you, or issue a refund for the missing or incorrect items — whichever you'd prefer.
    • Where a return is approved, we issue a refund to your original payment method within 10 business days of approval, rather than store credit.
    • For hygiene reasons, items must be unused, unopened, and in their original packaging to qualify — see our Returns & Refunds page for the full eligibility criteria.
  7. Sale Terms. Any additional terms for Black Friday or other promotional sales are set out on the relevant sale page.
  8. Your Data. You own your data. When you provide it to us, you grant us a licence to use it to supply your order. We're not responsible for data you choose to store on our systems.
  9. Intellectual Property. We may hold intellectual property rights in our goods, and you may not use those rights without our permission.
  10. Disclaimer. We disclaim all warranties to the extent the law allows, and we're not liable for any defect that you cause.
  11. Fees and Payment. Payment is due on the date specified, and you may not withhold payment for any reason. Stock is limited, and pricing may change at any time without notice.
  12. Direct Damages Limited. Our liability to you for direct damages caused by the goods is limited to the total amount you've paid us for them.
  13. Indirect Damages Excluded. We're not liable for any indirect or consequential losses the goods may cause.
  14. Breach. Please honour your obligations under this agreement. If you don't, we retain our rights against you under the law.
  15. Termination. We may need to end this agreement immediately in certain circumstances — for example, if we discontinue a product, believe continuing poses a risk to us, need to comply with a law, or continuing has become impractical. Where we can, we'll give you as much notice as possible, in writing.
  16. Resolving Disputes. We'd rather avoid disputes than have them, and resolve them quickly where they arise. Either party may raise a dispute in writing; the parties will first attempt to negotiate, then mediate if negotiation fails, and finally proceed to ad hoc arbitration in Johannesburg, South Africa, if mediation fails. The arbitrator's award is final and binding. The arbitrator will be appointed by mutual agreement, or failing that, by the Arbitration Foundation of Southern Africa or its equivalent. South African law governs the agreement, including its validity for arbitration, and the latest UNCITRAL rules apply to proceedings.
  17. Notices and Domicile. We'll communicate about this agreement by email. Each party chooses its street address as its address for legal notices, and either party may update that address with 14 calendar days' written notice.
  18. Force Majeure. Neither party is responsible for a breach caused by circumstances beyond its reasonable control. If those circumstances continue for more than 60 calendar days, either party may cancel the agreement on written notice.
  19. Entire Agreement. This agreement is the entire agreement between the parties on this subject.
  20. Changes. If we update this agreement by revising this page, the changes apply only to orders placed after that update.
  21. Governing Law. South African law governs this agreement.
  22. Jurisdiction. You consent to the jurisdiction of the Magistrate's Court.