1. ACCOUNT;ELIGIBILITY

By agreeing to these Terms, you are confirming that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site. You confirm that any personal data you provide when you register an account with us or place an order is true, accurate, current and complete in all respects; and that you will notify us immediately of any changes to the personal data by updating these details on your online account. You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorized to use. You agree that only you will use your account. You agree to contact dermain skin immediately in the event you become aware of unauthorized access to your account. You agree that you are solely responsible for all activity that takes place in connection with your account, and you agree to indemnify and hold harmless dermain skin from any damages that arise out of or in relation to use of your account. You agree that you will not create more than one account. By registering and obtaining an account you affirm that you will follow the Terms and your registration constitutes your consent to enter into agreements with us electronically. Paying for the connectivity and data plans of your computer devices is your responsibility. dermain skin has no responsibility for the availability of the Internet and other telecommunication services necessary to access the Site.

2. YOUR ORDER

You may only use one discount code with each order. We reserve the right to reject or cancel any orders where you add more than one discount code to the cart. We allow you to use discount codes strictly on these Terms upon which they were issued which, amongst other things, may include terms relating to your eligibility to use them and a maximum order value. Discount codes and other offer promotions are subject to the Terms, these Terms of Sale, and any additional terms and conditions specific to the promotion offer. If there is a conflict between the terms for a promotion and these Terms of Sale, the promotion terms will govern. Due to the nature and speed involved with the dermain skin fulfilment process, once your order has been placed and payment processed, we will be unable to change the details of your order (such as delivery address, product types or quantity). If the products you ordered have already been collected for delivery from our warehouse, we are unable to cancel your order. Your order is subject to cancellation by dermain skin, in dermain skin’s sole discretion. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. Unless otherwise agreed to by dermain skin, payment must be received by dermain skin prior to dermain skin’s acceptance of an order. dermain skin may process payment for and ship parts of an order separately.

3. OUR PRODUCTS AND PRICING

All orders are subject to acceptance and availability, which may vary depending on the shipping destination. Each product purchased is sold subject to its product description. dermain skin strives to communicate accurate pricing and product information but will not be held responsible for any pricing, typographical, or other errors. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences. The images of the products on our website are for illustrative purposes only. The displayed colors of the Products depend upon the monitor of the user, and dermain skin cannot guarantee that the user’s monitor will accurately portray the actual colors of the Products. Products displayed may be out of stock or discontinued, and prices, packaging and images are subject to change.

4. DELIVERY

You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add, or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. A product will be your responsibility from the time we deliver the product to the address you gave us. The risk of loss and title for products purchased pass to you upon delivery Please refer to our FAQ page for more information regarding shipping.

5. TAXES

We may collect applicable sales tax on Products shipped and to the provinces for which we determine we have a duty to collect sales tax. If an item is subject to sales tax, you agree that the amount of taxes shown at checkout may be adjusted. Several factors may cause this, such as variances between processor programs and changes in tax rates. Unless you provide dermain skin with a valid and correct tax exemption certificate applicable to your purchase of Product and the Product ship-to location, you are responsible for sales and other taxes associated with the order.

6. REFUNDS & RETURNS

Please refer to our ‘REFUNDS & RETURNS’  and ‘FAQs’ pages for more information regarding refunds, returns, and exchanges.

7. PRODUCT DISCLAIMER

There may be instances where due to restrictions (legal or otherwise) or practices in relation to a product, we are prevented from being able to deliver it to you. We shall not be held liable in relation to any product that we are unable to sell or deliver to you as a result of such restrictions. In the event that a restriction is enforced after you have placed your order with us, we will do our utmost to notify you as soon as reasonably practicable. All Products should be used strictly in accordance with their instructions, precautions, and guidelines. You should always check the ingredients for Products to avoid potential allergic reactions. Use of the Site is not meant to serve as a substitute for professional medical advice: the Site is solely an online store for specialty beauty products. Please consult with your own physician or health care practitioner regarding the use of any Products or information received from the Site before using or relying on them. Your physician or health care practitioner should address all medical questions, concerns, and decisions regarding the possible treatment of any medical condition. dermain skin does not give or intend to give any answers to medical-related questions. dermain skin does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on the Website. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY. The Products available on the Site, including any samples dermain skin may provide to you, are for your personal use only. You may not sell or resell any Products you purchase or otherwise receive from dermain skin. dermain skin reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or Products to be provided to you that may result in a violation of this Agreement, as determined by dermain skin in its sole discretion. Except where prohibited by law, dermain skin may limit the number of Products available for purchase.

8. SECURITY

Violations of system or network security may result in civil or criminal liability. dermain skin investigates violations and may involve, and cooperate with, law enforcement authorities in prosecuting any user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following: (i) accessing data not intended for you or logging on to a dermain skin server or account that you are not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt); (iii) attempting to interfere or interfering with the operation of our Site, our provision of services to any other visitors to our Site and our hosting provider or our network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “email bombing” or “crashing” the Site; and (iv) forging any TCP/IP packet header or any part of the header information in any email or transmission or posting to our Site.

9. PROHIBITED USES;ACCESS

The Site may be used only for lawful purposes and is available only for your personal, noncommercial use, which shall be limited to viewing the Site, purchasing products, providing information to the Site, and downloading product information for your personal review. You are responsible for your own communications, including the transmission, posting, and uploading of information, and are responsible for the consequences of such communications to the Site. dermain skin specifically prohibits any use of the Site, and requires all users to agree not to use the Site, for any of the following: (i) posting any information that is incomplete, false, inaccurate or not your own; (ii) engaging in conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, province, national or international law or regulation, or that would fail to comply with accepted Internet protocol; (iii) communicating, transmitting or posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the irrevocable permission of the owner to post it; (iv) communicating, transmitting or posting material that (a) reveals trade secrets, unless you own them or have the irrevocable permission of the owner, (b) infringes on any other intellectual property, privacy or publicity right of another, or (c) is in violation of applicable laws or regulations; (v) communicating, transmitting or transferring (by any means) information or software derived from the Site to foreign countries or certain foreign nations in violation of any applicable export control laws; or (vi) attempting to interfere in any way with the Site’s or dermain skin’s networks or network security, or attempting to use the Site’s service to gain unauthorized access to any other computer system. No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except as specifically permitted on the Site. The Site, including all of its information and content, such as text, data, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, messages, software and the HTML used to generate the pages (collectively, “Materials and Content”), is dermain skin’s property or that of our suppliers or licensors and is protected by patent, trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided on the Site or in these Terms, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit or distribute any Materials and Content from this Site in whole or in part, for any public or commercial purpose without the specific prior written permission of dermain skin. We grant you a personal, limited, nonexclusive, nontransferable license to access the Site and to use the information and services contained therein solely for your personal, noncommercial use as described below. We reserve the right, for any reason or for no reason, in our sole discretion and without notice to you, to revise the products and services described on the Site and to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, the Materials and Content on the Site as well as features and/or hours of availability of the Site, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.

10. PROPRIETARY RIGHTS

As agreed between you and dermain skin, dermain skin is the proprietor and/or lawful user of any registered or unregistered trademark, trade name and/or service mark appearing on the Site or any social media pages and is the copyright owner or proprietor of the Products, Materials and Content on the Site, unless otherwise specified. All dermain skin logos, designs, titles, slogans, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, the “Intellectual Property”) are owned by Domain Holtzhausen alone, and dermain skin may be registered in South Africa and internationally. You agree that you will not exhibit or use the Intellectual Property by any means, way, or manner without Domain Holtzhausen’s written consent. Nothing on the Site should be considered allowed to grant any license or right to use any of the Intellectual Property without the prior written permission of Domain Holtzhausen. Apart from or as otherwise provided herein, use of the Site does not grant you a license to any Materials and Content or features you may access on the Site and you may not modify, update, rent, lease, loan, sell, distribute, charge, or generate copied works of such Materials and Content, features, or materials, in synecdoche, in whole part or in part of a whole. Any commercial use of the Site is forbidden, except as allowed herein or otherwise authorized by us. You may not download or save a copy of any of the Materials and Content or screens for any purpose except as otherwise provided by dermain skin. If you make use of the Site, other than as provided herein, in doing so you may violate copyright and other laws of South Africa and/or other countries, as well as applicable provincial laws, and you may be subject to liability for such unauthorized use. The information on the Site, including, without limitation, all Site design, text, graphics, interfaces and the selection and arrangements of such is protected by law, including, but not limited to, copyright law.

11. USER CONTENT;SOCIAL MEDIA;SITE

We do not claim ownership of user-generated content and material. Any and all photographs, articles, images, graphics, videos, sounds, music, audio recordings, text, files, profiles, communications, comments, feedback, suggestions, ideas, concepts, questions, data or other content that you: (i) submit or post on the Site, on any of our blogs, social media accounts or through tools or applications we provide for posting or sharing such content with us; or (ii) have posted or uploaded to your social media accounts, including but not limited to Instagram, Twitter, Facebook, TikTok and Pinterest, that are tagged with #Dermainskin #DermainskinBeauty #DERMAINSKIN or any other dermain skin promoted hashtag (collectively “User Content”) shall be deemed non-confidential and non-proprietary. By submitting or posting any User Content, you grant to dermain skin a perpetual, irrevocable, royalty-free, worldwide, sublicensable and transferable license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce, sell, display, transmit, publish, broadcast, host, archive, store, cache, use or otherwise exploit all or any portion of the User Content, as well as your name, persona and likeness (and the likeness of any other person appearing therein, including, without limitation, any minor child) included in any User Content and your social media account handle, username, real name, profile picture and/or any other information associated with the User Content, in any commercial or noncommercial manner whatsoever, in whole or in part, in any and all distribution channels, forms, media or technology, whether now known or hereafter developed, including, but not limited to, in stores, printed marketing materials, emails, web pages, social media accounts and for any other marketing, advertising, public relations, sales or promotional purposes with or without attribution and without further notice to you. Neither you, nor any other person or entity, will have the right to: (a) receive any royalty or consideration of any kind for the use of the User Content pursuant to these Terms; or (b) inspect or approve the editorial copy or other material that may be used in connection with the User Content. dermain skin will be free to use any ideas, concepts, knowledge, or techniques contained in such User Content for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products that incorporate or otherwise rely upon such information. dermain skin shall have no obligation to monitor User Content, use or display User Content, compensate you for submitting User Content or respond to any User Content. dermain skin retains the right, in its sole discretion and without prior notice, to remove, revise or refuse to post any User Content for any reason or no reason. Subject to the licenses granted in these Terms, you retain ownership of any copyright and other rights you may have in the User Content.

By submitting or posting User Content on the Site, on your social media accounts or through any tools or applications we provide for posting or sharing your User Content with us, you represent and warrant that: (i) you own or control any and all rights in and to the User Content, and the right to grant all of the rights and licenses in these Terms, and if you are not the holder of such rights, the holder of such rights has completely and effectively waived all such rights and irrevocably granted you the right to grant the licenses stated above without the need for payment to you or any other person or entity; (ii) you have obtained permission from any individuals that appear in the User Content to use, and grant others the right to use, their name, image, voice and/or likeness without the need for payment to you or any other person or entity; (iii) you hereby give permission on behalf of any minor children that appear in the User Content, to which you are the legal guardian, to use, and grant others the right to use, their name, image, voice and/or likeness without the need for payment to you or any other person or entity; (iv) you are 18 years of age or older; and (v) the User Content does not (a) contain false or misleading information, (b) infringe on the intellectual property, privacy, publicity, statutory, contractual or other rights of any third party, (c) contain any libelous, defamatory, obscene, offensive, threatening or otherwise harassing or hateful content, (d) contain any addresses, email addresses, phone numbers or any contact information or (e) contain computer viruses, worms or other harmful files. Upon request by dermain skin, you will furnish dermain skin any documentation, substantiation or releases necessary to verify your compliance with these Terms. You are solely responsible for the User Content, and you hereby agree to indemnify and hold dermain skin and its members, manager, employees, agents, affiliates, assigns and licensees harmless from any and all damages, claims, expenses, costs, or fees arising from or in connection with a breach of any of the foregoing representations or your violation of any law or rights of a third party.

dermain skin does not guarantee the truthfulness, accuracy or reliability of any User Content or endorse any opinions expressed by you dermain skin or anyone else. By submitting or posting the User Content you fully and unconditionally release and forever discharge dermain skin and its officers, directors, employees and agents from any and all claims, demands and damages (actual or consequential, direct or indirect), whether now known or unknown, of every kind and nature relating to, arising out of or in any way connected with: (i) disputes between you and one or more users or any other person or entity; or (ii) the use by dermain skin or you of the User Content, including, without limitation, any and all claims that use of the User Content pursuant to these Terms violates any of your intellectual property rights, copyrights, rights of publicity or privacy, “moral rights,” or rights of attribution and integrity. You acknowledge and agree that dermain skin has no control over and shall have no liability for any damages resulting from, the use (including, without limitation, re-publication) or misuse by you or any third party of any User Content. dermain skin acts as a passive conduit for User Content and has no obligation to screen or monitor User Content. If dermain skin becomes aware of any User Content that allegedly may not conform to these Terms, dermain skin may investigate the allegation and determine in its sole discretion whether to act in accordance with these Terms. dermain skin has no liability or responsibility to Users for performance or nonperformance of such activities.

Without limiting the foregoing in any way, dermain skin has the absolute right to remove and/or delete without notice any User Content within its control in its sole discretion. You consent to such removal and/or deletion and waive any claim against dermain skin for such removal and/or deletion. dermain skin is not responsible for failure to store posted content or other materials you transmit through the Site. You should take measures to preserve copies of any data, material, content, or information you post to the Site or any other sites or platforms.

12.PRIVACY POLICY

You acknowledge that all information you provide through this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website and Account registration, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. It sets out the types of information we collect, the reasons we collect it, how we use it, where we may pass it on to any third parties, in what circumstances and for what reasons, and any other relevant information relating to our use and/or processing of your information and your rights in relation to your information. Despite anything else to the opposite contained in these Terms, dermain skin’s use of any personally identifiable information (name, email, etc.) you provide via the Site shall be regulated by our Privacy Policy. For further information regarding dermain skin’s protection of your personal information, please refer to our Privacy Policy.

13. THIRD PARTY LINKS

Certain content, products, and services available via our Service may include materials from third-parties. The Site may contain links to websites, applications or other products or services controlled by other companies (“Third Party Platforms”) that are not affiliated with us. dermain skin does not endorse, monitor, or have any control over these Third-Party Platforms, which have separate terms of use and privacy policies. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. dermain skin is not responsible for the content or policies of Third-Party Platforms, and you access such Third-Party Platforms at your own risk.

14. INDEMNITY

You (and also any third party for or on behalf of whom you operate an Account or activity on the Website) agree to defend (at our request), indemnify, and hold dermain skin, its managers, our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, employees and affiliates harmless from any and all claims, demands, liabilities, damages, costs and expenses, including actual outside attorneys’ fees and court costs, reasonable attorneys’ fees, made by any third-party due to or arising out in any way arising from, related to or in connection with your use of the Site, your breach and/or violation of these Terms or the posting or transmission of any materials on or through the Site by you, including, but not limited to, any third-party claim that any information, materials or User Content you provide infringes any third-party proprietary right. You further agree to reimburse dermain skin, within thirty (30) days of each demand for reimbursement, for any and all costs, liabilities, expenses, fees, fines, professional fees and other amounts paid or incurred by dermain skin (or such other indemnitee) in connection with the foregoing indemnity.

15. TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms are effective unless and until terminated by either you or dermain skin. You may terminate your Account or your use of the Website at any time. Upon termination, you may also terminate these Terms at any time by notifying dermain skin that you no longer wish to use our Services. If in our sole decision you fail, or we suspect that you have failed  to comply with any term or delivery of these Terms, we reserve the right to suspend or terminate access to or withdraw or modify all or part of the Website or your account for any reason without notice, including for business or operational reasons, such as improving the appearance or functionality of the Website, content updates, periodic maintenance, or to resolve any issues that we become aware of. Termination will not limit any of our other rights or remedies. We have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

16. GOVERNING LAW

The parties agree that these terms, any sales thereunder, and/or any claim, dispute or controversy (whether in contract, tort or otherwise) and any separate agreements whereby we offer and provide you service, between you and dermain skin arising from or relating to these terms, its interpretation or the breach, termination or validity thereof, the relationships that result from these terms, dermain skin’s advertising, or any related purchase shall be governed by and construed in accordance with the laws of South Africa without regard to conflicts of law.

17. GENERAL

You and dermain skin intend that the provisions of these Terms be enforced to the fullest extent permitted by applicable law. Accordingly, you and dermain skin agree that if any provision is deemed unenforceable, where possible, it will be modified to the extent necessary to make it enforceable, which may include its deletion. These Terms constitute the entire agreement between you and dermain skin and govern your use of the Site, and they supersede any prior agreements between you and dermain skin, provided, however, that these Terms shall be read in conjunction with the “Privacy Policy” as applicable. You also may be subject to additional terms and conditions that are applicable to certain parts of the Site. dermain skin may terminate this agreement and deny you access to the Site at any time, immediately and without notice, if in dermain skin’s sole discretion you fail to comply with any provision of these Terms. You agree that no joint venture, partnership, employment or agency relationship exists between dermain skin and you as a result of these Terms or your use of the Site. Any claim or cause of action you may have with respect to dermain skin, or the Site must be commenced within one (1) year after the claim or cause of action arose or be forever barred. The failure of dermain skin to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision in these Terms is held invalid, the remainder of these Terms shall continue to be enforceable. If any provision in these Terms is deemed unlawful, void or unenforceable, then that provision is deemed severable from these Terms and the remaining provisions are still valid and enforceable. You may not assign these Terms nor any of your rights or obligations under these Terms without dermain skin’s express prior written consent. These Terms inure to the benefit of dermain skin’s successors, assigns, affiliates and licensees. The section titles in these Terms are for convenience only and have no legal or contractual effect.

18. CHANGES TO THESE TERMS OF USE

We reserve the right to update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access and use of the Website thereafter. If you use the Website after we post a revised version of these Terms, the revised Terms will administer your use. You must check these Terms each time you access our website in order to ensure that you are aware of the terms that apply to you at that time.

19. CONTACT INFORMATION

To contact us with any questions or concerns in connection with these Terms or the Site, or to provide any notice under these Terms to us, please email or write to us at: info@dermainskin.co.za