TERMS AND CONDITIONS

TERMS AND CONDITIONS #HEATHSILKS

These terms and conditions serve as a contract between the buyer and seller, and it’s vital that you read through them carefully when buying from #Heathsilks By clicking on the box marked “I agree to #HeathSilks terms and conditions”, you verify that you have read, understood and are happy with these terms and conditions.

By placing an order with HeathSilks# you are accepting these Terms & Conditions. Please read these Terms & Conditions before placing an order.

In these Terms & Conditions
“We” and “us” means #HeathSilks and all it’s affiliated Brands.
“You” means the person placing an order.

“The contract is agreed” – by completing and submitting an order form by e-mail, you are making an offer to purchase products which, if accepted by us, will result in a binding contract. An acceptance email from us confirms that the contract is formed.

By using the website to buy products online, you confirm that you are at least 18 years old.

Ordering online or by e-mail

By completing and submitting an order form and sending through the proof of payment for such an order/ using our online payfast Payment Portal you are committing to paying for the item the order had been placed for. Please note that products will not be sent (or links to online products) until we have the proof of payment in or it shows on our account as well as the proof of payment by e-mail from your bank sent to heathsilks@gmail.com. We will not be liable if there is a delay in payment showing, please be aware that some bank deposits do take at least 3 days. We will not accept or process your order if payment is not reflected on our account.

Certain steps must be followed for a contract to be formed, as described below.

After you have placed your order when ordering by e-mail:

You will receive an email acknowledging your order. It will confirm which products you have ordered. We will require you to fill in an order form and will e-mail you the quotation for the order after receiving the completed, signed, order form. This email is not an order acceptance from us.

When we have received your order form signed with all details required and the proof of payment from your bank by e-mail (EFT) and have verified it as reflecting in our account, your order will be processed. Every effort will be made to ensure delivery within a period of no more less than 1 week and no more than 31 working days. If an order cannot be completed, you will be informed by e-mail and your purchase price will be refunded excluding the courier costs.

We do not have to accept your order, and for example, we will not accept your order if:

  • We do not have the products in stock

  • Your payment is not authorized

  • There is an error on our website regarding the price or other details of the products

  • You have cancelled it in accordance with the instructions below

We reserve the right to refuse any order.

Independent Freelance Remunerated Representation of #HeathSilks

An Independent Freelance Representative position in no way constitutes a permanent position and or indicates that the Independent Freelance Representative is in any way an employee of #Heathsilks.

#HeathSilks will not be responsible for filing or paying any form of taxes or UIF and or PAYE for the Representative – these type of arrangements are for the Representatives themselves and in their own capacity . Furthermore, the Company will not provide retirement or any other benefits customary to employment.

It is a freelance position where a person in their own capacity undetakes to sell #HeathSilks merchandise.

#HeathSilks will not be held accountable for Merchandise either in transport to and or at the said Freelance Representatives home for distribution. The Representative takes full responsibility for the merchandise in their possession and undertakes to keep said merchandise in perfect unused sale condition before collection by the client, should the client elect to collect their bought product from said Representative.

The Client of the Representative will only receive merchandise within the period allocated as per the courier agreement paragraph below.

A Representative undertakes to keep the companies image, name and integrity, and their own, beyond reproach. #HeathSilks will not be held responsible for any misrepresentations by the Freelance Representative. Although it is entirely up to #HeathSilks to accept a Representatives or their orders. Orders may be declined for any reason.

Merchandise will only be released from #HeathSilks once the needed documentation is received, captured and the payment for the merchandise reflects in our Bank account.

Under no circumstances will an Agent accept payment for services directly from client. All payments will be made through the website or via EFT directly to #HeathSilks, no cash monies shall change hands.

All administrative and back-office functions, including billing, shall be the sole responsibility of #HeathSilks. Representatives may be requested to help to assist where a clients payment has become delinquent.

Written agreement constitutes entire Relationship – The #HeathSilks Representative Agreement, along with any specified addendum, is a complete Agreement. Any representation, promise, condition, inducement or warranty, express or implied, verbal or written, unless contained in writing in this Agreement shall not bind either party. A judicial determination nullifying any clause or condition herein shall not be deemed to nullify the balance of this Agreement, which shall remain in full force and effect.

Sales Commissions – #HeathSilks will pay Agent who is verified to be the procuring cause of a sale, a royalty/sales of R30 commission per set or item and R15 for one part of a set or a less than R100 valued item in accordance with the agreement with the Representative. Commissions will be paid on completed sales (where the sale reflects in #HeathSilks bank account) provided the agent is an authorized representative in good standing.

All #HeathSilks T &C’s will be followed, and be binding to the client of the Representative and the Representative. The Representative will provide the potential client with a copy of the order agreement and T&C’s to be read through, and acknowledged and accepted by signing of the Order form. A Quotation will be sent back to the client to decline or accept by paying the quoted amount into the #HeathSilks bank account, provided on the Quotation/Invoice.

Cancelling an order/sale through the Representative can only be done by direct communication with #Heathsilks to the e-mail address heathsilks@gmail.com, See below.

Cancelling an order before the product has been sent

You will need to give us your name and address details, as well as your order number to cancel your order.

If you have changed your mind after placing an order, you can cancel it at any time before we send it, we will inform you once the item had been collected by the courier from our premises. Please see our Contacts on our Home page.

Returning products after sending

If you are not satisfied with the product after receiving it, you have 48 hours to officially request a refund and return of the payment price after which the sale will be seen as final. Should #HeathSilks at their discretion decide the reason for return is justified. The buyer, by accepting #HeathSilks terms and Conditions, undertakes to return unused, undamaged merchandise in it’s original packaging and state to #HeathSilks (who will provide the return address in such a case, by e-mail). An arrangement via e-mail and phone contact will be made for the return of #HeathSilks merchandise at the cost of #Heathsilks using their own appointed couriers for collection.

Give a gift

Give a memorable gift, with a #HeathSilks voucher. Simply email us requesting to purchase a voucher. Please note: • You will be required to pay the full value of the voucher up-front. • Vouchers are not refundable for cash, but they can be transferred to another person. Please email me written confirmation that you wish to transfer the voucher to someone else, and specify their full name, contact number and email address within a maximum 7 days from purchase including weekends. • Vouchers are valid for one year from the date of purchase. Failure to claim said voucher within one year will result in the full value of the voucher being forfeited.

Sending in a photo to #HeathSilks wearing #HeathSilks Merchandise:

As #HeathSilks markets and promotes all images/photographs sent to them, you grant #HeathSilks the irrevocable and unrestricted right to use and publish and tag on social media photographs of your images which may be included for editorial, trade, advertising and other related purposes. #HeathSilks. also reserves the right to alter any photographs/images without restriction and to copyright the same. The Buyer hereby releases #HeathSilks and our legal representatives and assigns from all and any claims and liability relating to said images/photographs.

Pricing and payment

Prices throughout the website are quoted in South African Rands, and payment can only be accepted in South African Rands. Packing and delivery costs, if any, will be added to the total price of your purchase.

While we make every effort to ensure that the products shown on our website are currently available at the price shown, we cannot guarantee that this will always be the case. If products you have ordered are unavailable, you will be notified as soon as possible.

The price you pay is the price of the products shown at the time you place your order, even if the price of the product has since changed.

Your payment card will be debited for your order at the time the order is placed. By submitting an online order with #HeathSilks, you expressly agree not to request a ‘charge back’ of any fees or payments for said orders, and that no dispute with #HeathSilks will be raised with or adjudicated by the credit card company. Rather, you agree to contact #HeathSilks directly to resolve the issue or obtain a refund pursuant to the product guarantee.

Where an offer mentions that an item is reduced in price, eg: half-price, the discount will be calculated at checkout before any postage or packaging charges are applied.

Delivery information

For products that require shipping, we will email you as soon as your order has been shipped, and will advise of the shipping method (if any) at that time.

A courier company will be chosen by #Heathsilks at their discretion. If a client would like to use their own courier they will advise #Heathsilks of this in writing via e-mail. The client will take full responsibility for the appointment and use of and correspondence, with their, appointed Courier company. #HeathSilks will not be held liable for any loss, theft or damage to #HeathSilks merchandise whilst in transit with allocated Courier companies in any of the referred to options. All clients will be bound by this indemnity.

Changes to Terms & Conditions for buying products online

We reserve the right to change these Terms & Conditions for buying #Heathsilks Merchandise online from time to time. If this happens, we will notify you by posting the new Terms & Conditions for buying products online on the website. If you do not wish to be governed by the revised Terms & Conditions for buying products online, you must not place any further orders.

These Terms & Conditions for buying products online are governed by the law of the Republic of South Africa and you and we agree to use the South African courts should any dispute arise.

If any part of these Terms & Conditions for buying products online is found to be invalid by law, the rest of them remain valid and enforceable.

Indemnity

By agreeing to these terms and conditions, you agree, understand and accept that you are purchasing #HeathSilks merchandise entirely at your own risk. Courier company will be chosen by #Heathsilks at their discretion or if client would like to use their own courier they will advise #Heathsilks of this in writing via e-mail. The client will take full responsibility for the appointment and use of and correspondence with the Courier company they had chosen. #HeathSilks will not be held liable for any loss, theft or damage to #HeathSilks merchandise whilst in transit with allocated Courier companies in any of the referred to options. All clients will be bound by this indemnity.