TERMS AND CONDITIONS
This website is run by Gentle Approach CC, based in South Africa Registration Number: 2006/073331/23 | Sole Member: Reneé Marian Potgieter
Gentle Approach may, at its sole discretion, change this agreement or any part thereof at any time, without notice.
Country of domicile
This website is governed by the laws of South Africa and Gentle Approach 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: 34 Tynemouth Road, Plumstead, Cape Town 7800, South Africa
Agreement of sale
An agreement of sale between Gentle Approach and a customer is only valid once payment has been made and the company receives proof of payment. Up until this point all goods remain the property of Gentle Approach.
Subject to availability and receipt of payment, orders will be processed within two working days. All orders are dispatched via the South African Post Office, a courier service or international air mail.
In order for Gentle Approach to prove delivery of an order, we do not have to prove that a customer has personally received the goods, but rather that any person at the delivery address has signed acceptance of the delivery.
The Supplier delivers within South Africa, either door-to-door or door-to-counter, depending on where you’re located. If you reside outside of a main centre but would like door-to-door delivery –that delivery option can be selected when placing your order.
During the purchase process, The Supplier will determine your delivery options based on your delivery address and postal code. For South African orders, irrespective of whether you select door–to-door delivery, or door–to-counter delivery, The Supplier will deliver within 3 – 5 working days depending on where you live.
Should a product you have ordered be:
- Temporarily unavailable: The Supplier will notify you thereof as well as the anticipated delay in delivery and, unless you agree to wait for such longer period for delivery, offer an alternate product instead.
- Permanently unavailable: The Supplier will notify you and, unless you agree to accept another product instead, issue a refund in respect of that product to you.
Non-defective products (your right to return due to cooling-off right)
Except for certain exceptional cases (including purchases of made-to-order products, products likely to deteriorate, foodstuff, beverage, goods for everyday consumption, goods that the price depends on fluctuation, unsealed audio or video recordings, newspapers, magazines, books and periodicals) you are entitled to return any purchase concluded by The Supplier within 7 calendar days of the product(s) being delivered. In order to obtain a purchase price refund, the product(s) being returned must be sent back to The Supplier in accordance with the return procedure set out below.
Consequently, if upon receiving your purchase you are not satisfied with your choice of product(s) and wish to return it for a refund as aforesaid, please retain the product(s)’ original packaging and do not use product.
If the incorrect product is delivered to you by mistake (i.e. it is not the product that you purchased), please do not remove the product from its original packaging or try the product on at all. Please promptly contact and notify The Supplier thereof, so that the mistake can be resolved by arranging to collect such product from you and deliver the correct product to you as quickly as possible.
If, within 6 months after delivery of a product to you:
Find that the product(s) is/are defective/faulty or unsuitable for the purpose generally intended (or otherwise expressly indicated by The Supplier at time of purchase), or not legal or reasonably durable (based on the circumstances and product type) ("defective"); and –you arrange to return such product to The Supplier for inspection in accordance with the returns procedure stated below, and the product is subsequently found to indeed be defective, you are entitled to either –
(a) be fully refunded, or (b) have the product repaired or replaced at The Suppliers expense.
If the product is found NOT to be defective, you will NOT be entitled to any repair, replacement or refund but will instead be liable for the costs incurred in having such product returned to The Supplier and then redelivered to you.
When is a product defective?
Please note: the following are examples of things which will NOT be regarded as defects and will NOT entitle you to any repair, replacement or refund under the general warranty above: faults resulting from normal wear and tear; damage arising from incorrect usage of the product, misuse and abuse and not following instructions of the product.
You may not under any circumstances return the following:
- Non-defective products that have been "made to order". (You will be notified in the relevant Online Sale if the products are "made to order").
- For hygiene reasons, due to their nature.
- Products that you or any other person has altered, repaired, incorporated or added to where such alteration, repair, incorporation or addition has not been authorised by The Supplier.
Return and refunds policy
The provision of goods and services by Gentle Approach is subject to availability. In cases of unavailability, Gentle Approach will refund the client in full within 30 days.
An order can be cancelled if payment has not been made yet for the order by the customer. Once payment has been made by the customer for an order, the order can only be cancelled within 24 hours of Gentle Approach receiving the payment or before the order has been dispatched by Gentle Approach, whichever is earlier. A cancellation of a paid order will attract a 10% administration fee to cover bank charges and other costs associated with refunding the customer for the cancelled order.
If a product is damaged or broken when you receive it, you must inform Gentle Approach within 24 hours of receiving it. We will then make arrangements for the damaged product to be returned to us and have a replacement product sent to you on our account or alternatively we may refund you in full for the damaged or broken product.
All products are sold with a 7 day satisfaction guarantee. If you are not completely happy with a product that you received, you can contact us within 7 days of receipt with the reason of dissatisfaction. If the product is in its original sealed state, we will issue a credit note and a return delivery address. Shipping costs for the return will be for your account. Upon receipt, we will inspect the item and if it is in its original sealed state, we will refund you the value of the product.
If you receive an incorrect product you must contact Gentle Approach immediately. We will check our system to see whether a miss pick has occurred. If this is the case, we will arrange to swap the 'wrong' product for the one ordered on our account.
Return procedure to be followed
- the reason for the return;
- the date the product(s) was/were purchased and the date the product(s) was/were delivered, including a reference number or proof of purchase;
- the banking details for the refund (if applicable).
Do not return the product without written approval of The Supplier.
The supplier will either arrange collection of the returned product(s) or give you instructions of how the product(s) must be returned.
If the return is accepted by The Supplier as a valid return, any refunds (depending on the circumstances as explained above) will be made by EFT into the bank account selected by you.
Gentle Approach 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).
Gentle Approach respects your privacy. This means that any and all of the personal information collected on this site will be kept strictly confidential and will not be sold, reused, rented, disclosed, or loaned. Any information you provide will be held with the utmost care and will only be used to process your order and to provide you with the best possible service. If you have any questions, please feel free to email us (see contact us).
POPI (PROTECTION OF PERSONAL INFORMATION)
What is the POPI Act
We respect your right to privacy and therefore aim to ensure that we comply with the legal requirement of the POPI Act which regulates the manner in which we collect, process, store, share and destroy any personal information which you have provided to us.
What information will we collect?
- Email address
- Name and Surname
- Telephone Numbers
- Postal / Delivery Address
Why do we collect Personal Information?
We collect personal information in order to liaise with you telephonically, via our website or email so that we may:
- respond to any query or comment received from you;
- inform you of new services;
- enable us to process, validate and verify information and requests for the supply of services;
- contact you for the purposes for which you specifically provided the information; and
- improve your experience on our website.
If you are under 18 years of age (minor), we will require the consent of your parent/guardian/competent person before we process such personal information.
Processing of Information
We will share your personal information:
- in order to comply with applicable law or with legal process served on our company;
- in order to protect and defend the rights or property of our company; and
- with employees and/or third parties who assist us in providing services to you and thus require your personal information in order to render a proper and efficient service. We will ensure that all such employees and third-party service providers, having access to your personal information, are bound by confidentiality agreements.
Collection of Information by “Cookies”
You are aware that information and data is automatically collected through the standard operation of the Internet servers and using "cookies." "Cookies" are small text files a website can use to recognise repeat users, facilitate the user's ongoing access to and use of the website and allow a website to track usage behaviour and compile aggregate data that will allow content improvements and targeted advertising. Cookies are not programs that come onto your system and damage files. Generally, cookies work by assigning a unique number to you that has no meaning outside the assigning site. If you do not want information collected using cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature; however, you should note that cookies may be necessary to provide you with certain features (e.g., customized delivery of information) available on our Websites.
- treat your personal information as strictly confidential;
- take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
- promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;
- provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable request; and
- We will not retain your personal information longer than the period for which it was originally required, unless we are required by law to do so, or you consent to us retaining such information for a longer period.
ALTHOUGH WE TAKE THE AFOREMENTIONED PRECAUTIONS IN PROTECTING YOUR PERSONAL INFORMATION, WE SHALL HOWEVER NOT BE LIABLE FOR ANY LOSS OR DAMAGE, HOWSOEVER ARISING, SUFFERED AS A RESULT OF THE DISCLOSURE OF SUCH INFORMATION IF BYEOND OUR REASONABLE CONTROL.
You have the right at any time to:
- rectify the Personal Information collected by us;
- object to the processing of Personal Information (subject to legislation);
- request the return or destruction of Personal Information (subject to legislation);
- lodge a complaint with the company.
Personal Information processed by us may be routed/transferred to a third party or international organisation and if transferred the following security measures are in place to protect the Personal Information that will be transferred:
Payment options accepted
Payment may be made via Visa or MasterCard credit cards or by bank transfer into the Gentle Approach bank account: Absa Bank, Account Number: 4074398451, Branch Code: 632005.
Payment Methods: Credit Card and Direct transfer (EFT), the details of which will also be provided during the checkout process.
Credit card acquiring and security
Credit card transactions will be acquired for Gentle Approach via Payfast (Pty) Ltd who are the approved payment gateway for Absa Bank. Payfast uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no credit card details are stored on the website. Users may go to the Payfast website to view their security certificate and security policy.
Customer details separate from card details
Customer details will be stored by Gentle Approach separately from card details which are entered by the client on Payfast’s secure site. For more detail on Payfast visit the Payfast website.
Merchant outlet country and transaction currency
The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. The transaction currency is South African Rand (ZAR).
Gentle Approach takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.
It is our mission that all information on this website is as accurate and up to date as possible, and that all products promoted cause no harm to our customers or the environment. However, due to the possibility of human and technical error, Gentle Approach accepts no responsibility for the accuracy or completeness of information provided on the website. Neither can we accept responsibility for any adverse reactions that any of our products may cause. While we have taken every reasonable measure to ensure that the products promoted on this website are of the highest quality and safety, the recommendations on this site are not the advice of a medical practitioner. We therefore advise the consultation of a medical practitioner if there is ever any doubt as to the use of our products.
While the Supplier takes reasonable measures to ensure that the contents of this Website are accurate and complete. The Supplier makes no representations or warranties, whether expressed or implied, as to the quality, timeliness, operation, integrity, availability or functionality of this Website or as to the accuracy, completeness or reliability of any information on this Website. The Supplier reserves the right to make changes, corrections and/or improvements to the information and to the products and programs described in such information, at any time without notice.
The Supplier will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and reserves the right to discontinue providing the Website or the service or any part thereof with or without notice to you. Any person who accesses this Website or relies on this Website or on the information contained in this Website does so at his or her own risk.
In addition to the disclaimers contained elsewhere in these Terms and Conditions, The Supplier also makes no warranty or representation, whether expressed or implied, that the information or files available on this Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise or jeopardise the operation, stability, security, functionality or content of your computer system, computer network, hardware or software in any way. The Supplier does not accept any responsibility for any errors or omissions on this Website.
Acceptance of Terms
The Supplier permits the use of this Website subject to these terms and conditions ("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.
Your use of any product offered by us will also be subject to applicable provisions of the Terms and Conditions. In the event of any conflict between the Terms and Conditions and any other conditions stipulated elsewhere, the Terms and Conditions as contained herein will prevail.
Use of the Website
This site may be used by customers to browse the content and products and to make legitimate purchases. Persons may not use this site for any purposes such as fraudulent or speculative transactions or to copy, reproduce, republish or redistribute any of the images or content available on the site
The contents of this Website, including any content, information, software, icons, text, links, graphics, lay-outs, images, sound clips, trade names, logos, trademarks and service marks are protected by law, including but not limited to copyright and trade mark law, and are owned by or licensed to The Supplier. No license to or right in any of such contents is granted to or conferred upon you. Any unauthorized use, distribution or reproduction of the said contents is prohibited.
By entering this Website, you agree that you will not use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of the Website and that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. In addition, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy the pages of the Website or the content contained herein, without the prior written consent from an authorized representative of The Supplier (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, and unlawful or contains hate speech.
Linked Third-Party Website and Third-Party Content
This Website may contain links or references to other websites outside of our control, including those of advertisers. These Terms and Conditions do not apply to those websites and The Supplier is not responsible for the practices and/or privacy policies of those sites or the cookies those sites use. In addition, because The Supplier has no control over such external sites and resources, you acknowledge and agree that The Supplier is not responsible for ensuring the availability of such external websites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. Your use of such other 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 other websites or your reliance on any information contained on those websites.
Permission for Hyperlinks, Deep Linking, Crawlers and Metatags
Nobody may establish a hyperlink, frame, metatag or similar reference, whether electronically or otherwise (collectively referred to as linking), to this Website or any subsidiary pages before receiving the prior written approval of an authorised representative of The Supplier, which may be withheld or granted subject to such conditions The Supplier may specify from time to time. Furthermore, this Website or any part hereof may not be "framed" or "deep linked" in any way whatsoever. This Website may from time to time contain message boards which allow users to comment on their experience at The Supplier. At times those comments may contain references to matters not related to The Supplier. Those references do not necessarily represent the views of The Supplier.
Limitation of Liability
THE SUPPLIER SHALL IN NO WAY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL INJURY, LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, ANY MATERIAL OR CONTENT CONTAINED IN THE WEBSITE OR ANY LINKED WEBSITE, OR ANY INABILITY TO USE THE WEBSITE, OR ANY UNLAWFUL ACTIVITY ON THE WEBSITE CAUSED BEYOND THE REASONABLE CONTROL OF THE SUPPLIER.
YOU HEREBY INDEMNIFY THE SUPPLIER 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 OR THE RECEIPT BY YOU OF AN ELECTRONIC MAIL FROM THE SUPPLIER OR ONE THAT PURPORTS TO EMANATE FROM THE SUPPLIER, UNLESS THE LOSS, CLAIM OR DAMAGE ARISES AS A RESULT OF THE GROSS NEGLIGENCE OF THE SUPPLIER.
Changes to these Terms and Conditions
The Supplier reserves the right to update and/or amend the Terms and Conditions from time to time and without any notice, and you are accordingly encouraged to check the Website regularly. Any such change will only apply to your use of this Website after the change is displayed on this Website. If you use this Website after such updated or amended Terms and Conditions have been displayed on this Website, you will be deemed to have accepted such updates or amendments.
The Supplier may in its sole discretion terminate, suspend and modify this Website and/or your use of this Website, with or without notice to you. You agree that The Supplier will not be liable to you in the event that it chooses to suspend, modify or terminate this Website or your use of this Website.
The Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa and application for any of the services offered on these pages or sites 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 the terms and conditions pertaining to such services.