Terms and Conditions & Disclaimer

This website is owned by Derma-TX. Throughout the site, the terms “we”, “us” and “our” refer to Derma-TX. Derma-TX offers this website, including all information and Offerings / Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions and policies stated here. This document governs your relationship with Derma-TX.

1. GENERAL
   • By visiting our website (“site”) and/ or purchasing something from us, you engage in our “Offering” and agree to be bound by these Terms and Conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms & Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. The terms “user” and “you” are used interchangeably and refer to all individuals and/or entities accessing this website for any reason.
   • Please read these Terms & Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms & Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Offerings. If these Terms & Conditions are considered an offer, acceptance is expressly limited to these Terms & Conditions.
   • Any new features or pages which are added to the website shall also be subject to the Terms & Conditions. You can review the most current version of the Terms & Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms & Conditions by posting updates and/or changes to our website. It is your responsibility to check this page regularly for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
   • Access to this website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Offerings without any notice. We will not be liable if for any reason this website is unavailable at any time for any period. From time to time we may restrict access to some parts or all parts of this website.
   • We reserve the right to refuse Offering to anyone for any reason at any time.

• The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

2. APPLICABLE LAW

The Terms & Conditions pertaining to any Offerings appearing on this website or pages shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Application for any of the Offerings on this site or pages will constitute the users consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of the Terms and Conditions pertaining to this site or such Offerings.

3. COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
   • Copyright 2021 – 2022 Derma-TX
   • All rights not expressly granted are reserved.
   • To obtain permissions for the commercial use of any content on this website contact Derma-TX at info@derma-tx.com
   • All the content, trademarks and data on this website, including but not limited to, logos, trademarks, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to Derma-TX and as such are protected from infringement by local and international legislation and treaties.
   • You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the website, use of the website, or access to the website or any contact on the website through which the Offering is provided, without express written permission by us.
4. USER TERMS AND PROHIBITIONS
   • By agreeing to these Terms & Conditions, you represent that you are at least the age of majority and you have given us your consent to allow any of your minor dependents to use this site.
   • You must not misuse this website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Offering; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and Derma-TX will report any such breach to the relevant law enforcement authorities and disclose your identity to them. A breach or violation of any of the Terms and Conditions will result in an immediate termination of your Offerings.
   • You agree that you are solely responsible for actions and communications undertaken or transmitted under your accounts, and that you will comply with all applicable local, national and international laws and regulations.
   • You agree that use of this website, including all content, data or software distributed by, downloaded or access from or through this website is at your sole risk. You agree that we will not be liable for any loss or damage caused by a distributed attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this website or to your downloading of any material posted on it, or on any website linked to it.
   • You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Offering, violate any laws (including but not limited to copyright laws).
   • In addition to other prohibitions as set forth in the Terms & Conditions, you are prohibited from using the site or its content: for any unlawful purpose; to solicit others to perform or participate in any unlawful acts; to violate any international, provincial or state regulations, rules, laws, or local ordinances; to infringe upon or violate our intellectual property rights or the intellectual property rights of others; to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; to submit false or misleading information; to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of our website or of any related website, other websites, or the Internet; to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; for any obscene or immoral purpose; or to interfere with or circumvent the security features of our website or any related website, other websites, or the Internet. We reserve the right to terminate your use of the website or any related website for violating any of the prohibited uses.
5. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

• We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the material on this site is at your own risk.

• This site may contain certain information which is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

6. OFFERINGS AND PRICES

• Prices for our products are subject to change without notice.
• We reserve the right at any time to modify or discontinue the Offering (or any part or content thereof) without notice at any time.
• We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Offering.
• Certain products or Offerings may be available exclusively online through the website. These products or Offerings may have limited quantities and are subject to return or exchange only according to our Return Policy.
• We reserve the right, but are not obligated, to limit the sales of our products or Offerings to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Offerings that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Offering made on this site is void where prohibited.

• Our products are not sold or delivered to addresses outside the borders of South Africa.

• We do not warrant that the quality of any products, Offerings, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Offering will be corrected.

7. DELIVERY

• Subject to stock availability with suppliers and receipt of payment, requests will be processed within 1-2 working days and then handed over to a courier company for delivery.

• Derma-TX does our best to secure delivery within 6-10 days of the date of your order but will not be liable for loss occasioned by delay in delivery arising out of any cause beyond our control.

• Delivery is free for orders in excess of R599 and a courier fee of R75 applies to orders below R599. Please also note that no PO Box addresses will be accepted as an delivery address. All goods must be signed for on delivery by an individual at least the age of majority. Please ensure that someone will be present to accept the delivery of your order at the residential or business address provided.

• Derma-TX will supply all goods to the delivery company in good order and will ensure that goods arrive at the user’s chosen delivery address in the same good order.
• If no one is that the address when the delivery is attempted the goods will be retained by the courier, in which case notification of the attempted delivery will be given. The courier service will subsequently arrange a suitable date and time for delivery.

8. RETURNS AND CANCELLATIONS

Cancellations

• You have the right to cancel your order up to 24 hours after the original purchase by emailing info@derma-tx.com. Cancelled orders will be refunded after deduction of a 10% charge for administration costs.
• If goods have already been dispatched at the date of receipt of your cancellation of the order, you must return the goods to us and we will refund you with the price of the goods (less administration and delivery charges) within 14 days, beginning on the day on which notice of cancellation was given.
• If you do not return the goods or fail to make them available for collection within 14 days of your order, you will be deemed to have accepted the goods and will be charged for your order.
• Derma-TX reserves the right to cancel an order for which payment has already been received. This may occur if stock is insufficient or the quality of goods ordered does not meet Derma-TX’s standards. Should Derma-TX exercise this right, the User will receive a full refund with no deductions.

Returns

• Our returns policy lasts 14 days. If 14 days elapsed since your purchase, unfortunately, we are unable to offer you a refund or exchange.
• To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.
• Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.
• We only replace items if they are defective or damaged.  If you need to exchange it for the same item, send us an email at info@derma-tx.com within 3 working days of receipt of your order.
• Cancelled and/or returned orders are subject to delivery charges. These charges must be paid by you, unless the products are defective or damaged, in which case, we will not expect you to pay the shipment charges.
• You will be responsible for paying for your own shipping costs for returning/cancelling your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund. However, for defective or damaged products, we will not expect you to pay the shipping costs.

9. BILLING AND ACCOUNT INFORMATION

• We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same member account, the same credit card, and/or orders that use the same billing and/or shipping address. If 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. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
• You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

10. THIRD-PARTY LINKS

• Certain content, products and Offerings available via our website may include materials from third-parties.
• Third-party links on this site may direct you to third-party websites that are not affiliated with us. 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 Offerings of third-parties.
• We are not liable for any harm or damages related to the purchase or use of goods, Offerings, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
• We may provide you with access to third-party tools over which we neither monitor nor do we have any control or input.
• You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

11. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

• If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, drawings or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us and such submissions shall become the sole property of Derma-TX. We are and shall be under no obligation to maintain any comments in confidence; to pay compensation for any comments; or to respond to any comments.
• We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms & Conditions.
• You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of our website or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

12. PERSONAL INFORMATION

Your submission of personal information through the website is governed by our Privacy Policy. By using this website, you consent to the processing described therein and warrant that all data provided by you is accurate.

13. ERRORS, INACCURACIES AND OMISSIONS

• Occasionally there may be information on our site or in the Offering that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Offering or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
• We undertake no obligation to update, amend or clarify information in the Offering or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Offering or on any related website, should be taken to indicate that all information in the Offering or on any related website has been modified or updated.

14. DISCLAIMER OF WARRANTIES; DISCLAIMER OF LIABILITY

• We do not guarantee, represent or warrant that your use of our website will be uninterrupted, timely, secure or error-free.
• We do not warrant that the results that may be obtained from the use of the website and/or products will be accurate or reliable.
• You agree that from time to time we may remove this website for indefinite periods of time or cancel the Offering at any time, without notice to you.
• You expressly agree that your use of, or inability to use, the website is at your sole risk.The website and all products and services delivered to you through the website are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including but not limited to all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

• Derma-TX has taken reasonable steps as far as is possible, to ensure the accuracy and completeness of the content shown on this site, to ensure that the user doesn’t suffer any loss or damages as a result of the use of this site.
• In no case shall Derma-TX, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, content providers, advertisers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation to, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, equity, restitution, by statute, at common law or otherwise, arising from your use of any of the website or any products procured using the website, or for any other claim related in any way to your use of the website or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the website or any content or product posted, transmitted, or otherwise made available via the website, even if advised of their possibility.
• You agree to indemnify, defend and hold harmless Derma-TX and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, consultants, interns and employees, harmless from any and all third party claims, liability, damages and/or costs (including legal fees) arising from your use of this website or your breach of these Terms & Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

15. SEVERABILITY

• In the event that any provision of these Terms & Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms & Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

16. 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 & Conditions are effective unless and until terminated by either you or us. You may terminate these Terms & Conditions at any time by notifying us that you no longer wish to use our Offerings, or when you cease using our site.
• If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms & Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Offerings (or any part thereof).

17. ENTIRE AGREEMENT

• The failure of us to exercise or enforce any right or provision of these Terms & Conditions shall not constitute a waiver of such right or provision.
• These Terms & Conditions and any policies or operating rules posted by us on this site or in respect to The Offering constitutes the entire agreement and understanding between you and us and govern your use of the website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms & Conditions).
• Any ambiguities in the interpretation of these Terms & Conditions shall not be construed against the drafting party.

18. CHANGES TO TERMS & CONDITIONS 

• You can review the most current version of the Terms & Conditions at any time at this page.

• We reserve the right, at our sole discretion, to update, change or replace any part of these Terms & Conditions by posting updates and changes to our website. It is your responsibility to check our website regularly for changes. Your continued use of or access to our website or the Offering following the posting of any changes to these Terms & Conditions constitutes acceptance of those changes.

19. CONTACT INFORMATION

Questions about the Terms & Conditions should be sent to us at info@derma-tx.com

CONTACT DETAILS

Tel: +27635207655

Email: info@derma-tx.com

Address: 5 Morris Avenue, Unit 4 Greeff Flats, George, Western Cape, 6530, South Africa