Terms & Conditions

TERMS AND CONDITIONS

Retail-Therapy Babylon Online Pty (Ltd) are owners and reserve all rights to this website.

Legal terms, including:

• Terms of use – agreed to by visiting this website;

• Terms of sale – agreed to by check box when placing an order; and

• Privacy policy – agreed to via check box upon submission of personal information. Terms are subject to change at any time via web updates. 
• If you have any questions about our legal terms, please contact us.

Terms of use

1. Licence. We grant you a limited licence to use this website.

2. Breach. We may cancel your licence if you breach any of these terms.

3. Framing. You may not frame this website.

4. Capacity. You agree to these terms on the basis that you have the capacity to visit this website.

5. Accurate information. You promise that you will give this website only accurate information.

6. Ownership. We or our third party licensors own all rights in this website.

7. Trade marks. All our trade marks are Retail-Therapy property and may not be used without our permission. All other trade marks are their respective owners’ property.

8. Restrictions. You may not change, hire out, reverse engineer, or copy this website without our permission.

9. 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 all claims for direct damages related to this website is R100.

12. Indirect damages. We will never be responsible for any indirect damages.

Terms of sale

1. Introduction. These terms cover any transactions where we provide goods to you through this website.

2. The parties. We are the vendor under these terms. You are the customer under these terms.

3. Duration. These terms commence when you accept them and continue until terminated.

4. Orders. Orders are placed on the following basis: you promise that you have the legal capacity to enter into the transaction; we only conclude an agreement when we dispatch our goods to you; we may cancel any order, but we will refund any money you have paid if we do; we conclude an agreement where you are domiciled; and each order is a separate agreement, but you breach all of them if you breach one.

5. Goods. We sell the goods to you on the following basis: you will bear the cost and we will choose the way of packaging and delivering the goods unless agreed otherwise; we will do our best to dispatch the goods as soon as possible after you have placed an order, but we are not liable and you may not cancel an order if we do not do so timelessly; risks related to the goods pass to you on delivery; ownership in the goods passes to you on payment of the fees in full; and you have the same rights against us as we have against our suppliers in terms of any warranty attached to the goods or imposed by law.

6. Your data. You own all your data. When you enter your data into the system, you give us a licence to use it to provide the goods. We are not responsible for any of your data stored on our system.

7. Intellectual property. We may own intellectual property rights in our goods and you may not use those rights without our permission. We may prosecute you for any violations of our proprietary rights.

8. Disclaimer. We disclaim all warranties to the extent allowed by applicable law. We are not liable for any defect that you cause.

9. Fees and payment. You will pay us the fees on the due date. You may not withhold payment of any amount due to us for any reason.

10. Direct damages limited. We are only liable to you for any direct damages that the goods may cause up to the total amount of fees that you have paid us for them.

11. Indirect damages excluded. We are not liable for any other losses that the goods may cause you.

12. Breach. Please don’t breach your obligations under this agreement. If you do, we have certain rights against you in terms of the law.

13. Termination. We may need to terminate this agreement immediately under certain unlikely circumstances, including if we discontinue the goods, believe providing the goods could burden or pose a risk to us, have to terminate to comply with a law, or providing the goods has become impractical. If we need to terminate, we will give you as much notice as possible.

14. Resolving disputes. We want to avoid disputes about this agreement and resolve them as quickly as possible. But if there is one, either party may inform the other of it in writing. The parties must first try to negotiate to end the dispute, then enter into mediation if negotiation fails, and finally go to arbitration if mediation fails.

15. Notices and domicile. We want to communicate with you effectively about this agreement. For this reason, the parties will send all notices to each others’ email addresses and choose their respective street addresses as their service addresses for all legal documents. The parties may change either address on 14 calendar days written notice to the other.

16. Force majeure. Things may happen that prevent you or us from complying with each of our obligations under this agreement. Neither party is responsible for breach of this agreement caused by circumstances beyond its control, but the other party may cancel the agreement on written notice to the other if the circumstances persist for more than 60 calendar days.

17. Entire agreement. The agreement is the entire agreement between the parties on the subject.

18. Changes. If we change this agreement by updating this web page, any changes will take place with immediate effect.

19. Governing law. South African law governs this agreement.

20. Jurisdiction. You consent to the jurisdiction of the Magistrate’s Court. Privacy policy

POPI

1. Purpose. This policy describes the way we handle your personal information.

2. Personal information. Personal information includes information we collect: on submission when you place an order; and automatically when you visit this website.

3. Acceptance. You may not order any of our goods if you do not accept this policy.

4. Collected on submission. We collect your contact details and delivery address when you place an order.

5. Collected automatically. We collect your Internet usage information when you visit this website.

6. Purpose for collection. We may use any of your personal information that you provide to us for the purposes that you indicated when you agreed to provide it to us.

7. Consent to collection. We will get your consent to collect your personal information in accordance with applicable law when you provide us with it.

8. Use. We may use your personal information to fulfil our obligations to you.

9. Sharing. We may share your personal information with third parties for the purposes of fulfilling our obligations to you.

10. Disclosure. We may disclose personal information to third parties if required for legal reasons.

11. Security. Our website is hosted on a secure server and uses security measures to prevent interference by intruders.

12. Retention. We will only retain your personal information for as long as is necessary.

13. Transfer. We may transfer your personal information outside South Africa to a foreign country.

14. Updating or removing. You may choose to update or remove the personal information you have submitted to us by contacting us.

15. We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error.

Pricing & Product Images

Prices and product availability are subject to change without notice. All specials and promotions are limited to stock on hand. Retail-Therapy Babylon Online Pty Ltd is not responsible for typographical, image or system errors and we make every effort to ensure the accuracy of the information published on our website. The information published on this website may contain technical inaccuracies or errors. If an error is made and a product is listed at an incorrect price, Retail Therapy Babylon Online Pty Ltd shall maintain the right to refund or cancel orders placed at the incorrect price. If the order has been confirmed and charged to your credit card, Retail Therapy Babylon Online Pty Ltd shall immediately issue a credit in the amount of the incorrect price. We reserve the right to limit quantities on promotion products. Please read product descriptions carefully to make sure you are purchasing the correct item.  Images may vary from actual product.

RETURNS

For hygiene reasons, Items can only be returned if they are unopened, unused and in re-saleable condition with all tamper resistant seals, packaging and any cellophane intact and unopened. Items must be returned within 7 days of receiving them.

All personal care products may be returned for a full refund or exchange within 7 days of the purchase date provided that they are in their original packaging (including cellophane wrap, tamper proof seals and lids), are in an unused condition and are re-saleable.

No price stickers or labels may be removed

Any personal care product which does not meet the client’s expectation for any reason whatsoever may be returned to the supplier. 

Retail-Therapy Babylon Online Pty Ltd does not accept liability for any product which does not meet the client expectation, regardless of purchase date, as the suppliers have undertaken to assist with the accurate replacement of any product which does not meet client expectation.

Items purchased on sale or discount may not be returned

For reasons of hygiene, brushes may not be refunded or exchanged, unless they are defective.

The goods remain your responsibility until they are received and signed by us. All goods returned will incur a 15% handling fee.

SECURITY AND PRIVACY

Retail-Therapy Babylon Online Pty Ltd regard the privacy of our users as very important and any personal information which you provide to us will be dealt with in accordance with this Privacy and Cookies Policy.

This Privacy Policy sets out how we use and protect any personal information that you give us when you use this Site. By submitting your details and/or using our Site you accept this Privacy Policy and expressly consent to the use and disclosure of your personal information in a manner described below. If you object to any of the potential uses described in this Privacy Policy, please do not register on our Site.

Changes to this Privacy Policy

We reserve the right, in our sole discretion to amend (including without limitation, by the addition of new terms and conditions) this Privacy Policy from time to time. You agree to review the Privacy Policy whenever you visit the Site for any such amendments. Save as expressly provided to the contrary in this Privacy Policy, the amended version of the Privacy Policy shall supersede and replace all previous versions thereof.

What is personal information?

Personal information is information that identifies or relates specifically to you, for example, your name, age and identity number and your payment records. In short, any information that we know about you will be regarded as your personal information.

What personal information do we collect?

In general, and unless you register with us and create an account, you can use this Site without giving us any personal information. However, we may gather certain (non-personal) information such as records of your activity on the Site without you registering with us and giving us personal information. We also voluntarily subscribe to the principles, outlined in Section 51 of the Electronic Communications and Transactions Act 2002 (‘ECT Act’), which govern your right to having your personal information kept private.

We briefly outline these principles below:

• We will only collect, collate, process and store (‘use’) your personal information with your permission unless legally required to do so, and will only use such information for the lawful purpose for which it is required.

• We will disclose in writing, the specific purpose for which we use, request and store your personal information. We will also keep a record of that personal information and the specific purpose for which we collect it.

• We will not use your personal information for any purpose, other than that which we disclosed to you, unless you give us your express written permission to do so, or unless we are permitted to do so by law. Further to the requirements of the ECT Act; we will disclose your personal information without your consent:

• If we are required to do so by law or a court order;

• If disclosure is in the public interest

 • If disclosure is in our interest;

• With your implied consent. Additional services may be available if we have certain information about you and we will collect certain information from you when you register with us. We may collect and use the following information:

• your name and contact information (including postal address, e-mail address and telephone number) and any other contract details you provide to us;

• financial information including card payment details;

• personal information that you provide when you register and create an account with us;

• information you provide if you report a problem with our Site;

• records of any orders for products and/or services that you place through the Site;

• records of any correspondence when you contact us;

• details of your visits to the Site including, but not limited to, traffic data, location data and communication data and the resources that you access.

What do we do with the personal information we collect?

We use your personal information to provide you with a better service, and in particular for the following reasons:

• to facilitate use of the products and services we may provide to you;

• to process and collect payments from you where you purchase products from the Site

• internal record keeping;

• to improve our products and services;

• to improve and personalise your experience when you visit the Site;

• to advertise certain products which we think you might be interested in to you when you visit the Site or other external sites;

• to communicate with you by e-mail, telephone or post if you have ordered or purchased products from us, either regarding the order or purchase or other matters regarding transactions between us or your customer relationship or account (if you have one) with us;

• to contact you regarding any specific enquiry you make;

• statistical analysis;

• to contact you by e-mail, telephone or post in order to share information with you about products, services, promotions and events which we believe may be of interest to you or to request your feedback on our products and services from time to time;
• to carry out direct marketing or e-mail marketing; and
• to contact you for market research purposes, if you have not objected to such use.

Whom do we share this information with?

Your personal information will be used for the above purposes by relevant staff in Retail-Therapy Babylon Online Pty Ltd and by those who support them in their roles. It will also be made available to our authorised service providers who work with us and who perform certain services on our behalf e.g. providing IT support and maintenance, providing customer services, providing hosting services, providing marketing services and providing online payment services. These service providers may have access to personal information needed to perform their functions on our behalf but are not permitted to share or to use such information for any other purpose. Retail-Therapy Babylon Online Pty Ltd may also share limited personal information with other companies within the Retail-Therapy Babylon Online Pty Ltd group of companies or any affiliates e.g. to the extent needed for proper management and parental analysis and decision making, promotional and marketing opportunities. Retail-Therapy Babylon Online Pty Ltd may also disclose your personal information:

• In response to a court order, or a request for cooperation from a law enforcement or other government agency; to establish or exercise its legal rights; to defend legal claims; or as otherwise required or permitted by applicable laws and/or regulations;

• When Retail-Therapy Babylon Online Pty Ltd believes that disclosure is appropriate in connection with efforts to investigate, prevent, or take action regarding illegal activity, suspected fraud, or other wrongdoing; to protect and defend the rights, property or safety of Retail-Therapy Babylon Online Pty Ltd, its customers, staff, suppliers or others; to comply with applicable law or co-operate with law enforcement; or to enforce its terms or other agreements; and

• To prospective or actual buyers in the event that Retail-Therapy Babylon Online Pty Ltd sells any of its business or assets. Other than as set out above, we will not transfer, disclose, sell, distribute or lease your personal information to third parties unless we have your permission to do so or are otherwise required or permitted to do so by law.

If you believe that any information we have about you is incorrect or incomplete, please write to or e-mail us as soon as possible so that we can correct or update any information as soon as possible. Alternatively, you may correct any inaccuracies in the information you have provided to us by signing in to your online account. 

Security and storage

Please remember that the internet is not a secure medium. Communications over the internet such as e-mails are not secure unless they have been encrypted. We have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online. We use industry standard encryption technologies when collecting or transferring customer credit card information exchanged with our Site server – all your card details are passed from your browser to our secure payment gateway using secure sockets layer (SSL) encryption. Our payment gateway provider use secure sockets layer (SSL) encryption system. All other information transferred is conducted through a secure connection. Where we have given you (or where you have chosen) a password which enables you to access certain parts of the Site, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. All information provided through the Site, telephone, catalogue and in store is stored on servers located in South Africa. It will be processed by staff operating in South Africa who work for our company. Such staff may be engaged in, among other things, the processing of your payment details and the provision of support services. By submitting your personal information, you agree to this transfer, storing or processing. Retail-Therapy Babylon Online Pty Ltd will take all steps reasonably necessary to ensure that your personal information is treated securely in accordance with this Privacy Policy.

Cookies

We use cookies for certain areas of our Site, including but not limited to session cookies, third party cookies and persistent cookies. Cookies are files that store information on your hard drive or browser that mean that our Site can recognise that you have visited the Site before and which are used to facilitate access to the Site, to tailor your experience of the Site and to allow you to move through processes including the payment processes on the Site. They make it easier for you to maintain your preferences on the Site (including by renumbering your log in details when you access restricted areas of our Site), and by seeing how you use the Site, we can tailor the Site around your preferences and measure usability of the Site. You can find out more information about the different types of cookies at www.allaboutcookies.org. Please refer to the paragraph and link below for further detailed information about the cookies that we use on our Site. The purpose of “cookies” is to enhance your future visits to our Site. You can set your browser to notify you if “cookies” are to be transferred or to reject “cookies” but this may prevent your use of some of our web pages.

We use cookies to:

• place advertisements for our products on other external sites. We do this by allowing third parties including Google and Adserve to place cookies on our Site which allows them to identify your visit to our Site and preferences shown whilst on it, and your visits to subsequent third party websites in their adserving network. This allows us to serve tailored advertisements to you on those third party websites based on the information we have collected on your interests whilst you were visiting our Site.

• help the Site to function correctly and ensure that the ‘add to basket’, navigation and country site settings are maintained. 
• monitor the Site’s performance and ensure that we deliver a fast browsing experience.
• allow you to share content with social networks, express interest in content and connect with your social media networks.

• to allow us to collect anonymous data about Site usage to help us improve the usability, content and user experience of the Site. This includes site analytics cookies such as Google Analytics. We also use Google Analytics to collect information about your online activity on the Site, such as the web pages you visit, the links you click, and the searches you conduct on the Site. We use the information to compile reports and to help us improve the site. The cookies collect information in an anonymous form, including the number of visitors to the Site, where visitors have come to the site from and the pages they visited.

For more information about the information gathered using Google Analytics please visit http://www.google.com/intl/en_uk/analytics/tos.html 

• to assess third party conversion by allowing us to collect anonymous data about how our marketing is performing. Most browsers automatically accept cookies, but you can usually modify your browser settings to decline cookies. You may delete or decline cookies by changing your browser settings. (Click “Help” in the toolbar of most browsers for instructions or review the cookie management guide produced by the Interactive Advertising Bureau – www.allaboutcookies.org.) If you do so, some of the features and services of the Site may not function properly.

To opt out of being tracked by Google Analytics across all Sites visit http://tools.google.com/dlpage/gaoptout. Your continued use of the Site will be treated as consent to the use of these cookies for the purposes described.

Will my personal data be transferred abroad?

If we transfer your personal information to a person, company, office, branch, organisation, service provider or agent in another country, we will make sure that we have appropriate security and privacy measures in place with such third parties covering how they hold and maintain any personal information on our behalf.

Which laws apply?

This Privacy Policy will be governed by and construed and interpreted in accordance with the laws of South Africa. To the extent that a court has jurisdiction over any dispute which may arise out of or in connection with this Privacy Policy, we both submit to the jurisdiction of the appropriate South African court.