This website can be accessed at crystalclawz.co.za, related mobi-sites and software applications (the “Website”) and is owned and operated by Crystal Clawz (Pty) Ltd for the sale of goods and services in the Nail & Beauty industry (“Crystal Clawz”, “we”, “us” and “our”).
These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Goods, and the use of the Website.
These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”). By using the Website and by clicking on the “Register Now” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
The Website enables you to shop online for an extensive range of goods (“Goods”).
These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
These Terms and Conditions contain provisions that appear in similar text and style to this clause and which -
may limit the risk or liability of Crystal Clawz or a third party; and/or
may create risk or liability for the user; and/or
may compel the user to indemnify Crystal Clawz or a third party; and/or
serves as an acknowledgement, by the user, of a fact.
Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Crystal Clawz to explain it to you before you accept the Terms and Conditions or continue using the Website.
Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Crystal Clawz in terms of the CPA.
Crystal Clawz permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.
Crystal Clawz shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from:http://www.polity.org.za/attachment.php?aa_id=3569.
Please refer to our Returns Policy athttps://www.crystalclawz.co.za/returnsfor more information about returning products (and related refunds, replacements or repairs). The Returns Policy is incorporated by reference (which means that it forms part of these Terms and Conditions).
Registration and use of the website
Only registered users may order Goods on the Website. If an account is not created by the User, one will be automatically created and personal details will need to be updated/added on a subsequent visit.
To register as a user, you must provide a unique username and password and provide certain information and personal details to Crystal Clawz. You will need to use your unique username and password to access the Website in order to purchase Goods.
You agree and warrant that your username and password shall:
be used for personal use only; and
not be disclosed by you to any third party.
For security purposes you agree to enter the correct username and password whenever ordering Goods, failing which you will be denied access.
You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms and Conditions.
You agree to notify Crystal Clawz immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.
You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised Crystal Clawz representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised Crystal Clawz representative.
Conclusion of sales and availability of stock
Registered users may place orders for Goods, which Crystal Clawz may accept or reject. Whether or not Crystal Clawz accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation the price) and receipt of payment or payment authorisation by Crystal Clawz for the Goods.
NOTE: Crystal Clawz will indicate the acceptance of your order by delivering the Goods to you or allowing you to collect them, and only at that point will an agreement of sale between you and Crystal Clawz or the Third Party Seller come into effect (the “Sale”). This is regardless of any communication from Crystal Clawz stating that your order or payment has been confirmed. Crystal Clawz will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid within 3 (three) business days.
Prior to delivery or your collection of the Goods, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. After delivery or your collection of the Goods, you may return the Goods only in accordance with the Returns Policy.
Placing Goods in a wishlist or shopping basket without completing payment does not constitute an order for such Goods, and as such, Goods may be removed from the shopping basket if stock is no longer available or the price thereof might change without notice to you. You cannot hold Crystal Clawz liable if such Goods are not available or are not available at the particular price when you complete or attempt to complete the purchase cycle at a later stage.
You acknowledge that stock of all Goods on offer is limited and that pricing may change at any time without notice to you. In the case of Goods for sale by Crystal Clawz, Crystal Clawz will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When Goods are no longer available after you have placed an order, Crystal Clawz will notify you and you will be entitled to a refund of any amount already paid by you for such Goods.
We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
Card transactions will be acquired for via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go towww.paygate.co.zato view their security certificate and security policy.
Payment may be made for Goods via the following methods (depending on its availability and/or your eligibility to use such a method) -
debit card/credit card (via Paygate (Pty) Ltd); where payment is made by debit/credit card, we require authorisation from the payment gateway provider before your order can be released for despatch. If we do not receive authorisation your order for the Goods will be cancelled.You warrant that you are fully authorised to use the debit/credit card supplied for purposes of paying the Goods. You also warrant that your debit/credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;
direct bank deposit or electronic funds transfer: if you pay via direct bank deposit or electronic funds transfer, payment must be made within 5 (five) days of placing your order. Crystal Clawz will not accept your order if payment has not been received;
Once you have selected your payment method (save for direct bank deposit and Crystal Clawz Vouchers), you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.
Delivery of goods
Crystal Clawz offers 2 (two) methods of delivery of Goods to you. You may elect delivery via:
Courier (either Fastway or Globeflight); or
Subject to availability and receipt of payment, orders will be processed and despatched within 2 (two) business days and despatch confirmed by email. We use multiple couriers and you can choose the most suitable for you. The courier will keep you updated by text message or email on delivery progress. For more information about delivery, please see our Shipping and Deliveryterms which are incorporated into these Terms by reference. Our delivery charges are subject to change at any time, without prior notice to you. You will see the applicable delivery charges in your cart when you check out.
Crystal Clawz’s obligation to deliver a product to you is fulfilled when we deliver the product to the physical address nominated by you for delivery of the order. Crystal Clawz is not responsible for any loss or unauthorised use of a product, after it has delivered the product to the physical address nominated by you.
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, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy.
Crystal Clawz shall not be bound by any incorrect information regarding our Goods displayed on any third party websites.
Gift Vouchers & Coupons
Crystal Clawz may from time to time make physical or electronic gift vouchers (“Gift Vouchers”) and promotional coupons or discounts (“Coupons”) available for use on the Website towards the purchase of Crystal Clawz Goods. Gift Vouchers and Coupons can only be redeemed while they are valid and their expiry dates cannot be extended. More specifically:
Gift Vouchers that are purchased by registered users are valid for 12 months after Sale. Gift Vouchers that Crystal Clawz gives away for free are valid for the period stated thereon. In each case, if your Voucher has not been used within that period, it will expire.
Gift Vouchers cannot be used to buy other Gift Vouchers or Coupons. They do not accrue interest and are not refundable for cash once purchased or otherwise obtained. If your Gift Voucher value is less than the amount required to cover the full order you wish to place, you may make up the difference by paying via one of our other payment methods.
Crystal Clawz is not responsible for any harm due to the loss, unauthorised use or unauthorised distribution of a Gift Voucher, after it has delivered the Gift Voucher to you or the email address nominated by you.
There are two types of Coupons; a Coupon with a fixed amount of a discount, e.g. R100 off (“FixedCoupon“), and a Coupon with a percentage discount, e.g. 10% off (“PercentageCoupon“).
Coupons are issued in Crystal Clawz’s sole discretion and we are entitled at any time to correct, cancel or reject a Coupon for any reason (including without limitation where a Coupon has been distributed in an unauthorised manner). Users do not have a right to Coupons, and Coupons cannot be earned. Coupons are issued under specific terms and conditions regulating when and how they may be used.
As a general rule, and unless specified otherwise on the specific Coupon itself:
each Coupon can only be used once;
only one Coupon can be used per order;
only one Coupon can be used on the Website per person per promotion/campaign;
where a Percentage Coupon has been used and you wish to cancel any items in the order prior to making payment, the entire order must be cancelled. You will be issued with a new Percentage Coupon and will need to place the order again, without the item that you wished to cancel;
a Coupon must be used at check-out – it cannot be used later on existing orders; and
the value of the Coupon will be set off against the value of your shopping basket and the balance remaining, if any, will be payable by you.
Coupons cannot be used to buy Gift Vouchers or other Coupons, and cannot be exchanged or refunded for cash or credit. Crystal Clawz is not responsible for any harm due to the loss, unauthorised use or distribution of a Coupon.
If for any reason a Coupon does not reflect on the final amount due from you at check-out, you can contact email@example.com confirm if the Coupon is still valid. If Crystal Clawz confirms that the Coupon is still valid and you have already placed your order, you can choose whether to cancel the order and place it again with the Coupon, or you can use the Coupon on your next order within the limitations of the specific Coupon’s terms and conditions.
You may be required to submit the original communication containing the Coupon code, and any other information reasonably requested by Crystal Clawz, before you are able to use a Coupon.
Special Offers and other discounted Goods
From time to time, we may offer certain Goods at discounted prices as part of a Special Offer, App Only Deal, Bundle Deal or any other temporary deal which are explained below (each a “Deal”). These will be subject to certain conditions (as set out in these Terms and/or the Website), which define the scope of the Deal. If you buy a product within the scopeof a Deal, you will pay the discounted price for that product (the “Deal Price”).
However, if you buy a product in a manner that fallsoutside of the scope of a Deal, then you will pay the then current (non-Deal) selling price on the Website (the “Normal Price”), for each product that falls outside the scope of the Deal.
For example: if you buy more than one product in a Special Deal, you will pay the Deal Price for the first product, but the Normal Price for all products thereafter. Alternatively, if you buy a product in combination with any other products that together do not constitute a Bundle Deal, you will pay the Normal Price for all such products falling outside the scope of the relevant Deal.
At our discretion, Special Offers (“Offers”) are for limited times. In addition, please note that Special Offers have a stock limit and may expire earlier if stock runs out.
Special Offers quantities are limited and as such, after a Special Offer is sold out, those particular Goods may be available on the Website at their normal selling prices (but no longer as a Special Offer).
We do not guarantee a specific saving. The extent of the Special Offer or discount is at the sole discretion of Crystal Clawz.
Only one of each Special Offer may be purchased per customer.
Adding a Special Offer to your cart, or completing your order for a Special Offer without paying for it, does not reserve the item for you. Crystal Clawz must receive payment from you within 24 hours of you placing your order for a Special Offer, otherwise we will cancel your order.
Crystal Clawz will reserve stock for customers in the order in which it receives payment. Therefore if you pay via EFT, you might not get your item because Crystal Clawz may only receive payment from you a few days later, and in the meantime the Special Offer might sell out to customers paying immediately.
The List Price shown in respect of Special Offers and other discounted Goods is the recommended retail price of the relevant product.
By purchasing any Special Offer, you are also automatically opting in for our Special Offers newsletter as well as our general newsletter (you may opt-out of these newsletters at any time). Opting out of these newsletters after purchase will not affect the value of the Goods purchased.
We may from time to time offer bundle deals for sale under the Bundle Deals tab on the Website (“Kits & Sets“). Each Bundle Deal will consist of two or more products that either we or you (as provided on the Website) have combined together in a single bundle.
Any saving or discount resulting from purchasing a Bundle Deal instead of its component products separately may be applied to any of the component products individually in our sole discretion.
The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.
Whilst Crystal Clawz takes reasonable measures to ensure that the content of the Website is accurate and complete, Crystal Clawz makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. If any such representations or warranties are made by Crystal Clawz’s representatives, Crystal Clawz shall not be bound thereby.
Crystal Clawz disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.
Although Goods sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
Any views or statements made or expressed on the Website are not necessarily the views of Crystal Clawz, its directors, employees and/or agents.
In addition to the disclaimers contained elsewhere in these Terms and Conditions, Crystal Clawz also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of Crystal Clawz, its employees, agents or authorised representatives. Crystal Clawz thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.
Linking to third party websites
This Website may contain links or references to other websites (“Third Party Websites”) which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and Crystal Clawz is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.
Notwithstanding the fact that the Website may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon.
Limitation of liability
Crystal Clawz cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of Crystal Clawz, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of our Contact Ussection
CRYSTAL CLAWZ SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, THE WEBSITE OR THE CONTENT CONTAINED IN THE WEBSITE; OR YOUR INABILITY TO USE THE WEBSITE, AND/OR UNLAWFUL ACTIVITY ON THE WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
YOU HEREBY INDEMNIFY CRYSTAL CLAWZ AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
Availability and termination
We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.
Crystal Clawz may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that Crystal Clawz will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time, to the extent possible.
If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Goods, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.
Crystal Clawz is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website and/or have created multiple user profiles to take advantage of a promotion or Coupon intended by Crystal Clawz to be used once-off by you, to blacklist you on its database (including suspending or terminating your access to the Website), refuse to accept or process payment on any order, and/or to cancel any order concluded between you and Crystal Clawz, in whole or in part, on notice to you. Crystal Clawz shall only be liable to refund monies already paid by you (see Crystal Clawz’s Returns Policy in this regard), and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.
At any time, you can choose to stop using the Website, with or without notice to Crystal Clawz.
Governing law and jurisdiction
These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your 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 these Terms and Conditions.
In the event of any dispute arising between you and Crystal Clawz, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Western Cape Division, Cape Town) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
Nothing in this clause 23 or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
Crystal Clawz hereby selects 2 Ratel Avenue, Hoekwil, George, 6538 as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”). Crystal Clawz may change this address from time to time by updating these Terms and Conditions.
You hereby select the delivery address specified with your order as your legal address, but you may change it to any other physical address by giving Crystal Clawz not less than 7 days’ notice in writing.
Notices must be sent either by hand, prepaid registered post or email and must be in English. All notices sent -
by hand will be deemed to have been received on the date of delivery;
by prepaid registered post, will be deemed to have been received 10 days after the date of posting;
by email will be deemed to have been on the date indicated in the “Read Receipt” notification. ALL EMAIL COMMUNICATIONS BETWEEN YOU AND US MUST MAKE USE OF THE “READ RECEIPT” FUNCTIONto serve as proof that an email has been received.
Crystal Clawz may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.
You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
Any failure on the part of you or Crystal Clawz to enforce any right in terms hereof shall not constitute a waiver of that right.
If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
These Terms and Conditions contain the whole agreement between you and Crystal Clawz and no other warranty or undertaking is valid, unless contained in this document between the parties.
This website is run by Crystal Clawz (Pty) Ltd based in South Africa trading as Crystal Clawz and with registration number 2018/383608/07.