1. RECORDAL

• The website www.za.elemis.com (“Website”) is owned and operated by The Prestige Cosmetics Group Proprietary Limited, registration number 2010/006085/07, the licensed distributor of Elemis products in the Republic of South Africa (“Elemis”).

• The Website enables consumers to purchase the Elemis products shown on the Website (“Products”), provided that they have registered for an account on the Website and require delivery of the Products within the borders of the Republic of South Africa.

• By accessing, registering and using the Website, consumers (“You/Your”) will be deemed to be bound by these Terms and Conditions (“Terms and Conditions”) and to have read and accepted these Terms and Conditions, together with the Elemis Privacy Policy, which can be found on the Website.

• When You access or use the Website, register an account, conclude a purchase or transaction, sign up for an Elemis newsletter, opt in to marketing communication and/or send an email to infoelemis@pcgroup.co.za, You agree to receive electronic communications from Elemis, provided that You are entitled to “opt out” at any time by using the applicable “opt out” option.

• When You access or use the Website, You warrant and undertake that You:

• are over the age of 18 or assisted by Your legal guardian and that You will not access or use the Website for any purpose that is unlawful or prohibited by any applicable laws, the provisions of these Terms and Conditions and/or any notice displayed on the Website. Any unauthorised commercial use of the Website and its services and/or the resale of the Products and services, is expressly prohibited;

• will not use any software, device and/or other instrument to interfere or attempt to interfere with the proper working and functioning of the Website and You will not use any spider, robot, other automatic device and/or manual process to monitor, copy, distribute or modify the Website or the information contained on the Website.

2. PRODUCTS AND PURCHASING PRODUCTS

• All Products displayed on the Website are limited and are subject to availability. Elemis will make all reasonable attempts to ensure that when Products are no longer available, the applicable item is discontinued on the Website or shown as being “out of stock”.

• In the event that Elemis is unable to fulfil Your order because the Product is sold out at the time of processing Your order, Elemis will inform You and You will be entitled to a reimbursement of the South African Rand (“Rand”) value You paid for the Product, which will be reimbursed, at Your election, by crediting the credit card used to make the Product payment. Elemis reserves the right to communicate Product changes to You on the Website, as and when required.

• The price of each Product is displayed under the Product on the Website and includes Value Added Tax at the applicable rate.

• Elemis will take all reasonable efforts to accurately display prices and delivery charges, however, in the event that a Product is offered at an erroneous price due to an inadvertent or obvious error and/or fraudulent activity or an incorrect delivery cost is displayed, Elemis is not obliged to supply the Products at the incorrect price and/or delivery fee.

• An agreement of sale shall be deemed to have come into effect once You have submitted a fully completed online order form, the Product is in stock and payment has been authorised and/or received by Elemis into its bank account. In the event that a selected Product goes out of stock before the sale is concluded, Elemis may remove the Product from Your basket.

• The tax invoice applicable to Your purchase will be available online in Your Website account and a copy will accompany Your order.

• You are not able to reserve Products to be bought at a later stage and placing an item in your basket or adding an item to a “Wish List”, without fully completing the order, as contemplated above, does not amount to a sale or an order. If you have pre-ordered Products prior to the release date and the price of the Product at the time of release is lower than the price You paid for the Product, Elemis will credit Your account with the difference or provide You with a redeemable voucher, at Elemis’ discretion

3. ORDER ERRORS, CANCELLING ORDERS AND RETURNS

• If You have made an error with Your order, please contact infoelemis@pcgroup.co.za for assistance.

• Elemis reserves the right to refuse the processing of payment for any order and/or to cancel any purchase, partially or completely, on written notice to You. In such an instance and where You have already paid for the Product, Elemis will reimburse You the Rand value paid for the Product by crediting the credit card used to make the purchase.

• Prior to the dispatch of Your Order, You are entitled to cancel it, either in part or in whole, on Your order page on the Website.

• If You cancel an order prior to dispatch:

• before it has been packed at the warehouse, You will be refunded the full order value, provided that payment has been received by Elemis;

• after it has been packed at the warehouse, You will be refunded the full order value, provided that payment has been received by Elemis, less a 10% administration and handling fee.

• After dispatch or delivery of an order, You cannot cancel the order but are entitled to return the Products in accordance with the Elemis Returns Policy which can be accessed here.

• You have the right to return Products in accordance with the provisions of the Elemis Returns Policy which can be accessed here.

4. PAYMENT, CARD ACQUIRING AND SECURITY

• You may make payment using Your Visa and MasterCard cards. If You are making payment via a bank card, You warrant that You are fully authorised to use the bank card for payment and that there are sufficient funds in Your account to cover the costs of the transaction.

• Card transactions will be acquired for Elemis via Peach Payments (Pty) Ltd (“PP”), who is an approved payment gateway for all South African acquiring banks. PP uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no card details are stored on the Website. PP’s security certificate and security policy may be viewed at peachpayments.com.

• Your details will be stored by Elemis separately from the card details, which are entered on PP’s secure stie. Further details relating to PP may be viewed at peachpayments.com.

• The merchant outlet country at the time of presenting payment options to You, is South Africa and the transaction currency is Rand.

• Elemis will not be liable for any loss incurred by You as a result of fraudulent transactions occurring on Your account due to You entering Your credit card details on the Website.

5. DELIVERY

Delivery of Your order will be made via courier in accordance with the Elemis Delivery Policy which can be accessed here.

6. PRODUCT EXPIRY DATES

• Certain Products may contain expiry dates, which will be printed on the outer Product carton and on the Product container. Elemis undertakes to deliver all Products carrying expiry dates, with a minimum of 6 months remaining to the applicable expiry date.

• If You receive a Product, that has been purchased on the Website, that expires in less than the aforesaid 6 month period at the time of receipt thereof, Elemis will replace the Product free of charge, provided that You have notified Elemis thereof at infoelemis@pcgroup.co.za, within 10 business days from date of delivery of the Product.

• If you fail to notify Elemis within the aforesaid 10 business day period, Elemis will be under no obligation to replace the Product.

7. YOUR DATA

Elemis shall take all reasonable steps to protect Your personal information in accordance with the Elemis Privacy Policy, which can be accessed here.

8. LIABILITY AND COMPLAINTS

• The Website is provided on an "as is" basis and accordingly, Your use thereof is at Your own risk and Elemis, its officers, licensors, directors, employees, agents and assigns, disclaim, to the fullest extent permitted by law, all express and implied warranties and no warranty is given that the Website is or will be free from viruses.

• Elemis will not be liable for any losses, expenses and/or damages arising out of or in connection with Your use or access of the Website and/or any of the content contained on the Website unless otherwise provided in law.

• If You have any complaints regarding the standard and/or quality of the Products bought on the Website, You may lodge Your complaint on the Website by clicking on this link.

9. WEBSITE VISIT RECORDALS AND INFORMATION COLLECTION

• Elemis will track Your visits to and use of the Website, however no attempts will be made to identify users and the information which Elemis collects will be used to help Elemis analyse the effectiveness of the Website.

• Any information which you enter on the Website will not be disclosed to any party by Elemis save as provided for in the Elemis Privacy Policy, which can be accessed here.

10. INTELLECTUAL PROPERTY AND COPYRIGHT

Elemis is the owner and/or authorised user of the Website material and content and the intellectual property and trademarks appearing on the Website and accordingly, You are not granted any right, title, interest and/or license in and to the content, material, intellectual property and/or trademarks and You may not use or reproduce the intellectual property and/or trademarks for any reason whatsoever or transmit, distribute, modify, bundle, merge, share or make available to any person the content and material.

11. GENERAL

• Elemis takes responsibility for all aspects relating to the transactions concluded on the Website, including the sale and delivery of the Products, customer service and support and dispute resolution.

• Elemis reserves the right to change these Terms and Conditions or any part thereof, at its own discretion and it will be Your responsibility to ensure that You read the Terms and Conditions and are satisfied therewith when making a purchase.

• Any changes to the Terms and Conditions will become effective when they have been posted on the Website and it is Your obligation to check the Terms and Conditions for changes and/or updates when making a purchase.

• If You continue to make use of the Website following the posting of changes and/or updates to the Terms and Conditions, You will be deemed to have accepted the changes and/or updates and will be bound by the amended and/or updated Terms and Conditions.

• These Terms and Conditions will be construed and governed in accordance with the laws of the Republic of South Africa and Elemis chooses as its domicilium citandi et executandi for all purposes under these Terms and Conditions, the address situated at Unit 2D, Blackriver Park North, Fir Street, Observatory, Cape Town.