Enozo Skincare a product of Enozo Cosmetics (Pty) Ltd.
In General
Enozo Cosmetics (Pty) Ltd, a company registered in the Republic of South Africa under company registration number (disclosed on request), which has its registered administration office at 29 Portofino Place, The Willows, Pretoria, 0080 owns and operates this Website. This document governs your relationship with “Enozo Skincare” (“enozo.co.za”). Access to and use of this Website and the products available through this Website (collectively, the “Products”) are subject to the following terms, conditions and notices (the “Terms and Conditions”). By using the Services, you are agreeing to all of the Terms and Conditions, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms and Conditions. Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Terms and Conditions without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or this entire Website. This Website may contain links to other websites (the “Linked Sites”), which are not operated by “Enozo™ Skincare”. “Enozo™ Skincare” has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.
Law and Arbitration
This agreement is governed by the laws of the Republic of South Africa. Any dispute arising in relation to our agreement with you shall, to the extent permitted by law, be referred to arbitration at a venue to be determined by Enozo Cosmetics (Pty) Ltd applying the Uniform Rules of the High Court of South Africa.
Prohibitions
You must not misuse this Website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offence and “Enozo™ Skincare” will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
Intellectual Property, Software and Content
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of “Enozo™ Skincare” or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by “Enozo™ Skincare” and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
Terms of Sale
By placing an order, you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and subject to any delays resulting from courier delays or force majeure for which we will not be responsible. In order to contract with “Enozo™ Skincare” you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. “Enozo™ Skincare” retains the right to refuse any request made by you. If your order is accepted, we will inform you by email and we will confirm the identity of the party, which you have contracted with. When placing an order, you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the
cost of the goods.
(a) Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods, which you ordered, have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
(b) Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices, which appear on this Website, are accurate, errors may occur. If we discover an error in the price of any goods, which you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund, subject to our refund/return policy. See our Return Policy link for more information regarding order returns.
(c) Payment
Upon receiving your order, we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorisation being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email. Our shipping policy, which sets out our delivery times and terms, can be found at the
Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law. “Enozo™ Skincare” and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related
to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect “Enozo™ Skincare”’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
Disclaimer as to ownership of trademarks, images of personalities and third party copyright except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with “Enozo™ Skincare” and you should not rely on the existence of such a connection or affiliation. The respective trademark owners own any trade marks/names featured on this Website. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to “Enozo™ Skincare”.
Indemnity
You agree to indemnify, defend and hold harmless Enozo Cosmetics (Pty) Ltd owner of “Enozo™ Skincare”, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of the Terms of Service.
Variation
“Enozo™ Skincare” shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
Invalidity
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected and all other clauses remain in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
Complaints
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments by emailing
info@enozo.co.za
Waiver
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
Disclaimer
While “Enozo™ Skincare” takes reasonable measures to ensure that the contents of this Website are accurate and complete, “Enozo™ Skincare” makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of this Website or as to the accuracy, completeness or reliability of any information on this Website.
“Enozo™ Skincare” reserves the right to make changes, corrections and/or improvements to the information and to the products and programs described in such information, at any time without notice.
“Enozo™ Skincare” will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and reserves the right to discontinue providing the Website or the service or any part thereof with or without notice to you. Any person who accesses this Website or relies on this Website or on the information contained in this Website does so at his or her own risk.
In addition to the disclaimers contained elsewhere in these Terms and Conditions, “Enozo™ Skincare” also makes no warranty or representation, whether express or implied, that the information or files available on this Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise or jeopardise the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. “Enozo™ Skincare” does not accept any responsibility for any errors or omissions on this Website.
Linked Third-Party Website and Third-Party Content
This Website may contain links or references to other websites outside of our control, including those of advertisers. These Terms and Conditions do not apply to those websites and “Enozo™ Skincare” is not responsible for the practices and/or privacy policies of those sites or the cookies those sites use. In addition, because “Enozo™ Skincare” has no control over such external sites and resources, you acknowledge and agree that “Enozo™ Skincare” is not responsible for ensuring the availability of such external websites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. Your use of such other websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such other websites or your reliance on any information contained on those websites.
Permission for Hyperlinks, Deep Linking, Crawlers and Metatags
Nobody may establish a hyperlink, frame, metatag or similar reference, whether electronically or otherwise (collectively referred to as linking), to this Website or any subsidiary pages before receiving the prior written approval of an authorised representative of “Enozo™ Skincare”, which may be withheld or granted subject to such conditions “Enozo™ Skincare” may specify from time to time. Furthermore, this Website or any part hereof may not be “framed” or “deep linked” in any way whatsoever. This Website may from time to time contain message boards which allow users to comment on their experience at “Enozo™ Skincare”. At times those comments may contain references to matters not related to “Enozo™ Skincare”. Those references do not necessarily represent the views of “Enozo™ Skincare”.
Limitation of Liability
“Enozo™ Skincare” shall in no way be liable for any direct, indirect, incidental, special or consequential injury, loss or damages which might arise from your use of, or reliance upon, any material or content contained in the Website or any linked Website, or any inability to use the Website, or any unlawful activity on the Website caused beyond the reasonable control of “Enozo™ Skincare”.
You hereby indemnify “Enozo™ Skincare” against any loss, claim or damage which may be suffered by yourself or any third party arising in any way from your use of this Website or the receipt by you of an electronic mail from “Enozo™ Skincare” or one that purports to emanate from “Enozo™ Skincare”.
To the extent permissible under applicable laws, no responsibility is assumed for any injury and/or damage to persons, animals or property as a matter of products liability, negligence or otherwise, or from any use or operation of any ideas, instructions, methods, products or procedures contained in the Site. If the Content contained on this Site contains medical or health sciences information, it is intended for professional use within the medical field. No suggested test or procedure should be carried out unless, in the reader’s judgment, its risk is justified. Because of rapid advances in the medical sciences, we recommend that the independent verification of diagnoses and drug dosages should be made. Discussions, views, and recommendations as to medical procedures, products, choice of drugs, and drug dosages are the responsibility of the authors.
Changes to these Terms and Conditions
“Enozo™ Skincare” reserves the right to update and/or amend the Terms and Conditions from time to time and without any notice, and you are accordingly encouraged to check the Website regularly. Any such change will only apply to your use of this Website after the change is displayed on this Website. If you use this Website after such updated or amended Terms and Conditions have been displayed on this Website, you will be deemed to have accepted such updates or
amendments.
Termination
“Enozo™ Skincare” may in its sole discretion terminate, suspend and modify this Website and/or your use of this Website, with or without notice to you. You agree that “Enozo™ Skincare” will not be liable to you in the event that it chooses to suspend, modify or terminate this Website or your use of this Website.
Governing Law
The Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa and application for any of the services offered on these pages or sites will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of the terms and conditions pertaining to such services.
Entire Agreement
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and “Enozo™ Skincare”. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Enozo Cosmetics (Pty) Ltd owner of “Enozo™ Skincare”.