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Terms and Conditions

View our payment and delivery options, and our refund and returns policies, on our FAQ page.


Last updated: June 15, 2021

Please read these terms and conditions before using Our Service.

Interpretation and Definition

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
  • Country refers to: South Africa
  • Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Down to Earth Skincare CC, 124 Baildon Drive, Waterfall, 3610, South Africa.
  • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
  • Service refers to the Website.
  • Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions agreement has been created with the help of the Terms and Conditions Generator.
  • Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
  • Website refers to Down to Earth, accessible from https://downtoearthcare.co.za/
  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or R100.00 if You haven’t purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

By email: support@downtoearthcare.co.za
By phone number: +27617495437


About Us

Down to Earth Skincare CC, trading as Down to Earth, is a South African Company offering natural wellness and skincare solutions through a range of products that harness the properties of plant extracts. We coordinate the manufacturing of the products, and market and sell the products.

Use of Website

This Website may be used to browse the content and make legitimate purchases. It may not be used to make any fraudulent purchases. This Website and the content provided may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without consent.

Disclaimers

Products:  Down to Earth products are not intended to diagnose, treat, cure or prevent any disorders and should not be used to treat serious medical problems in the absence of medical advice from a medical professional. It is complementary and can be used in addition to your current treatment. Please consult a medical or qualified health professional before using our products if You have any concerns or serious medical conditions. We have taken every reasonable measure to ensure that the products promoted on this Website are of the highest quality, are safe and natural. If there is any doubt as to the use of the products, consult a medical or health practitioner. If hypersensitivity of the skin is a concern, do not use the products without first consulting with a medical or health practitioner.

Content:  The content of this Website is not intended to be a substitute for professional medical advice, diagnosis, or treatment. We endeavour to keep all content on this Website as accurate and up-to-date as possible, but accept no responsibility for errors, omissions or changes. We do not guarantee or make any representation regarding the reliability, accuracy, correctness or completeness of the information. Reliance on the information presented on this Website is at your own risk. By reading this Website and using our products, You acknowledge that You are responsible for your own health decisions.

Blog: The information provided on our blog is for educational and informational purposes only, and is made available to users to create awareness of our products, ingredients, and health and wellness in general. We take every reasonable measure to ensure that the information is factual, accurate, reliable and complete, but do not guarantee or make any representation regarding this. The information on our blog is meant as a guide and is not intended to be a substitute for professional medical and safety advice, diagnosis, or treatment. We encourage You to consult a medical or health professional if You have any concerns or questions. By reading our blog and then using our products, You acknowledge that You are responsible for your own health decisions. Reliance on the information provided on our blog is at your own risk.

Testimonials:  All testimonials and recommendations on this Website are based on consumer opinions and in no way constitute medical advice. The testimonials and accompanying photos are of actual customers and illustrates the results that they personally achieved by using our products. Individual differences account for different reactions and different results. We do not present or guarantee that current or future customers will achieve the same or similar results.

Our rights

We reserve the right to:

  1. Modify or withdraw the Website, with or without notice to You; and/or
  2. Change these Terms and Conditions from time to time, and your continued use of the Website (or any part of) following such change shall be deemed to be your acceptance of such change.

Monitoring

We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Terms and Conditions or complaints and take any action that we deem appropriate.

Responsibility

Down to Earth take responsibility for all aspects relating to the transaction including sale of goods sold on this Website, customer service and support, dispute resolution and delivery of goods. Please refer to our Frequently Asked Questions for more information about payment and delivery options, as well as our returns and refunds policy.

Country of Domicile

This Website is governed by the laws of South Africa and Down to Earth chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature: PO Box 1854, Link Hills, 3652, South Africa.

Company information

This Website is run by Down to Earth Skincare CC, trading as Down to Earth, with registration number 2006/147601/23, based in South Africa.

Contact Us

If you have any questions, You can contact us:

By email: support@downtoearthcare.co.za
By phone number: +27617495437