BIOLABS COSMETICS

WEBSITE TERMS AND CONDITIONS

Last updated: [insert date]

1. Introduction

These Terms and Conditions govern your access to and use of the Biolabs Cosmetics website, including all purchases made through the website

In these Terms and Conditions, “Biolabs Cosmetics”, “we”, “us” and “our” refer to the business identified above. “You”, “your” and “customer” refer to any person who visits the website or purchases products from us.

By accessing the website, creating an account or placing an order, you agree to be bound by these Terms and Conditions.

If you do not agree with these Terms and Conditions, you must not use the website.

2. Applicable Law

These Terms and Conditions are governed by the laws of the Republic of South Africa.

Nothing in these Terms and Conditions is intended to exclude, restrict or replace any right or remedy that cannot lawfully be excluded under applicable legislation, including the Consumer Protection Act 68 of 2008 and the Electronic Communications and Transactions Act 25 of 2002.

If any provision conflicts with a mandatory provision of applicable law, the mandatory legal provision will apply.

3. Eligibility

You must be at least 18 years old and legally capable of entering into a binding agreement to place an order through the website.

By placing an order, you confirm that:

• the information you provide is accurate and complete;

• you are authorised to use the selected payment method;

• you are legally capable of entering into the transaction; and

• the products are being purchased for lawful purposes.

We may refuse or cancel an order where we reasonably suspect fraud, unauthorised payment activity, misuse of the website or unlawful conduct.

4. Product Information

We take reasonable steps to ensure that product names, photographs, descriptions, ingredients, sizes, quantities and prices are accurate.

However:

• product packaging may change without notice;

• product photographs are illustrative and colours may display differently on different screens;

• minor differences in colour, scent, viscosity and texture may occur between cosmetic batches;

• ingredient lists may be updated by manufacturers or formulators; and

• information supplied by third-party manufacturers may occasionally contain errors.

You should read the product packaging, ingredient list, warnings and directions before using a product.

Where the information on the physical product packaging differs from general information displayed on the website, the information on the physical packaging should be followed, unless it is clearly incorrect.

Please contact us before ordering if you require confirmation of a particular ingredient, product feature or specification.

5. Cosmetic Ingredients and Raw Materials

Certain products sold by Biolabs Cosmetics may be cosmetic ingredients or raw materials intended for use in cosmetic formulation.

These products may require appropriate knowledge of:

• formulation;

• weighing and measurement;

• concentration limits;

• pH adjustment;

• preservation;

• solubility;

• compatibility;

• stability testing;

• microbial control;

• packaging; and

• safe handling.

By purchasing cosmetic ingredients or raw materials, you accept responsibility for determining their suitability for your intended formulation and complying with all applicable formulation, manufacturing, labelling and product-safety requirements.

Unless expressly stated otherwise, the sale of an ingredient does not mean that it may be added directly to the skin, scalp or hair without dilution or formulation.

6. Cosmetic Use and Individual Results

Cosmetic products are not guaranteed to produce the same result for every customer.

Results may vary depending on factors such as:

• skin or hair type;

• existing routines;

• frequency and method of use;

• environmental exposure;

• sensitivity;

• individual response; and

• use with other products.

Product descriptions, customer reviews, marketing material and general educational content do not constitute a guarantee of a specific result.

Cosmetic products are not intended to diagnose, treat, cure or prevent any disease unless expressly authorised and registered for that purpose under applicable law.

7. Allergies and Sensitivities

Customers are responsible for reviewing the ingredient list before using a product.

Where appropriate, we recommend performing a patch test before broader use.

Stop using the product if irritation, redness, swelling or another unexpected reaction occurs.

Customers with known allergies, highly sensitive skin, existing skin conditions, pregnancy-related concerns or other medical concerns should seek advice from an appropriately qualified healthcare professional before using a new cosmetic product.

A personal allergy or sensitivity does not automatically mean that the product is defective. This does not limit your rights where a product is contaminated, incorrectly labelled, unsafe or otherwise defective.

8. Availability

All products are subject to availability.

Adding a product to your cart does not reserve it.

We may:

• limit the quantity of a product sold to one customer;

• discontinue a product;

• correct stock information;

• substitute packaging where the formulation and quantity remain materially the same; or

• cancel an unavailable item and refund the amount paid for it.

If an ordered product becomes unavailable after payment, we will contact you and offer an appropriate replacement, store credit or refund.

We will not substitute a product without your approval where the substitute differs materially from the product ordered.

9. Prices

All prices are displayed in South African rand unless stated otherwise.

Prices will include VAT where Biolabs Cosmetics is registered for VAT and the website indicates that VAT is included.

Delivery charges, remote-area surcharges and other applicable costs will be shown separately before checkout where reasonably possible.

We may change prices at any time. A price change will not affect an order that we have already accepted, unless there was an obvious pricing error.

10. Pricing and Website Errors

We may correct an obvious pricing, description, stock or technical error before accepting an order.

If a product is listed at an obviously incorrect price, we may contact you to:

• confirm whether you wish to proceed at the correct price; or

• cancel the affected product and receive a refund.

We will not knowingly rely on an error to mislead a customer.

Nothing in this clause limits any rights you may have under applicable consumer law.

11. Orders

An order submitted through the website is an offer by you to purchase the selected products.

An automated order-confirmation email confirms that we received your order. It does not necessarily mean that we have accepted the order.

An order is accepted when we:

• issue a specific acceptance or fulfilment confirmation;

• dispatch the order; or

• otherwise clearly confirm acceptance.

We may refuse or cancel an order before acceptance due to:

• unavailable stock;

• an obvious price or description error;

• unsuccessful payment;

• suspected fraud;

• quantity restrictions;

• delivery limitations; or

• legal or regulatory restrictions.

Where payment has already been collected for a cancelled order, the relevant amount will be refunded.

12. Payments

Available payment methods will be displayed at checkout.

Payments may be processed by independent third-party payment providers. We do not ordinarily receive or store your complete card details.

You must ensure that:

• your payment information is correct;

• you are authorised to use the payment method;

• sufficient funds are available; and

• any payment-verification request is completed.

An order may be delayed or cancelled if payment is unsuccessful, reversed, flagged or not verified.

13. Discount Codes and Promotions

Promotional codes:

• must be used before their stated expiry date;

• cannot ordinarily be exchanged for cash;

• may be limited to specific products or minimum order values;

• may be limited to one use per customer;

• may not be combined unless expressly stated;

• cannot ordinarily be applied retrospectively; and

• may be withdrawn where misuse, fraud or a technical error is identified.

Where products purchased during a promotion are returned, the refund will be based on the amount actually paid.

Free gifts and promotional products may need to be returned when the qualifying purchase is returned.

14. Delivery

Delivery is governed by our separate Shipping Policy, which forms part of these Terms and Conditions.

You are responsible for providing an accurate and complete delivery address and contact information.

Estimated delivery periods are estimates and are not guaranteed unless we expressly agree to a fixed delivery date.

Risk relating to the products will pass in accordance with applicable law and the terms of our Shipping Policy.

15. Returns and Refunds

Returns, exchanges, cancellations and refunds are governed by our separate Returns and Refunds Policy.

That policy forms part of these Terms and Conditions.

Nothing in the Returns and Refunds Policy limits any mandatory consumer right available under applicable law.

16. Product Storage

You must follow the storage instructions displayed on the product, its packaging or the website.

Cosmetics and cosmetic ingredients should generally be protected from:

• excessive heat;

• freezing where unsuitable;

• direct sunlight;

• moisture;

• contamination;

• exposure to air where the container should remain closed; and

• access by children and animals.

Biolabs Cosmetics will not be responsible for deterioration caused after delivery by improper storage, contamination, dilution, mixing, handling or use.

17. Intellectual Property

All website content, including:

• the Biolabs Cosmetics name and branding;

• logos;

• product photographs;

• graphics;

• designs;

• written content;

• videos;

• page layouts; and

• downloadable material,

is owned by or licensed to Biolabs Cosmetics and is protected by applicable intellectual-property laws.

You may use the website for personal, lawful shopping purposes.

You may not copy, reproduce, modify, republish, distribute, scrape, sell or commercially exploit website content without our prior written permission.

18. Customer Reviews and Submitted Content

Where you submit a review, photograph, testimonial or other content, you confirm that:

• it is truthful;

• it relates to your genuine experience;

• it does not violate another person’s rights;

• it is not defamatory, unlawful, discriminatory or misleading; and

• you have permission to submit any image or information relating to another person.

You grant Biolabs Cosmetics a non-exclusive, royalty-free licence to display and reproduce the submitted content for business and marketing purposes, subject to applicable law.

We may remove content that violates these Terms and Conditions, but we are not obliged to publish every submission.

19. Acceptable Website Use

You may not:

• interfere with the operation or security of the website;

• introduce viruses, malware or harmful code;

• attempt unauthorised access to an account or system;

• scrape or harvest information without permission;

• use false details or impersonate another person;

• carry out fraudulent transactions;

• misuse promotional codes; or

• use the website for an unlawful purpose.

We may suspend access where we reasonably believe these rules have been breached.

20. Third-Party Services and Links

The website may contain links to third-party websites or use third-party services for payment, delivery, reviews, analytics or marketing.

We are not responsible for the independent content, availability or privacy practices of third-party websites.

Your use of a third-party service may also be subject to that provider’s terms.

21. Privacy and Personal Information

We process personal information in accordance with applicable South African privacy law and our separate Privacy Policy.

We may process information reasonably required to:

• create and manage an account;

• process orders;

• collect payment;

• arrange delivery;

• respond to enquiries;

• prevent fraud;

• comply with legal duties; and

• send marketing communications where lawfully permitted.

Customers should read our Privacy Policy for further information about how personal information is processed and protected.

22. Disclaimers

To the extent permitted by law:

• the website is provided on an “as available” basis;

• we do not guarantee uninterrupted or error-free website access;

• general website information is not medical, dermatological, pharmaceutical or formulation advice; and

• we do not guarantee a particular cosmetic result.

These disclaimers do not exclude responsibility for defective or unsafe goods or any liability that cannot legally be excluded.

23. Limitation of Liability

Nothing in these Terms and Conditions excludes liability for:

• fraud;

• gross negligence where liability cannot lawfully be excluded;

• death or personal injury caused by unlawful conduct;

• defective or unsafe products where liability applies under law; or

• any other liability that cannot lawfully be excluded.

Subject to the above and to the extent permitted by law, Biolabs Cosmetics will not be liable for indirect, incidental or consequential losses that were not reasonably foreseeable when the transaction was concluded.

24. Indemnity

To the extent permitted by law, you agree to indemnify Biolabs Cosmetics against claims arising from your:

• unlawful use of the website;

• unauthorised modification or formulation of products;

• failure to follow supplied warnings or storage instructions;

• infringement of another person’s rights; or

• material breach of these Terms and Conditions.

This clause does not require you to indemnify us for our own unlawful conduct, negligence or breach of a mandatory legal duty.

25. Complaints

Complaints should first be submitted to:

Email: [insert email address]
Telephone or WhatsApp: [insert number]

Please provide:

• your full name;

• order number;

• a description of the issue;

• your preferred resolution; and

• supporting photographs or documents where relevant.

We will attempt to address complaints fairly and within a reasonable period.

26. Changes to These Terms

We may update these Terms and Conditions when our operations, website, products or legal obligations change.

The updated version will be published on the website with a revised effective date.

Changes will not retrospectively remove rights that have already accrued under an accepted order.

27. Severability

If any provision is found to be invalid or unenforceable, that provision will be severed or limited to the minimum extent required.

The remaining provisions will continue to apply.

28. No Waiver

A failure or delay in enforcing a right does not constitute a waiver of that right.

29. Contact Details

Biolabs Cosmetics
Registered company: [insert company name]
Registration number: [insert number]
Address: [insert physical address]
Email: [insert email address]
Telephone or WhatsApp: [insert number]
Website: [insert website address]