terms and conditions

1. overview:

1. The website www.dermalogica.co.za (“Website”) is owned and operated by Dermalogica South Africa (Pty) Ltd , registration number 2022/656344/07 (“Dermalogica”), a retailer of professional grade Dermalogica® skin care products.

2. The Website enables consumers to purchase the 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.

3. By accessing, registering and using the Website, consumers (“You/Your”) will be deemed to be bound by these On-line Purchases Terms and Conditions (“Terms and Conditions”) and to have read and accepted these Terms and Conditions, together with the Dermalogica Website Terms and Conditions of Use and Privacy Policy, which can be found on the Website.

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

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

5.1. 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;

5.2. 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:

1. All Products displayed on the Website are limited and are subject to availability and Dermalogica 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”.

2. In the event that Dermalogica is unable to fulfil an order because the Product is sold out, Dermalogica will inform You and You will be entitled to a reimbursement for the South Africa Rand (“Rand”) value You paid for the Product, which will be reimbursed, at Your election, by electronic funds transfer or by means of a Dermalogica gift voucher or by crediting Your Website account. Dermalogica reserves the right to communicate Product changes to You on the Website, as and when required.

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

4. Dermalogica will take all reasonable efforts to accurately display prices and delivery charges, however, in the event that the 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, Dermalogica is not obliged to supply the Products at the incorrect price and/or delivery fee.

5. You will be able to place electronic Product orders on the Website, provided that the Products are available and not sold out.

6. 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 Dermalogica into its bank account. In the event that a selected Product goes out of stock before the sale is concluded, Dermalogica may remove such Product from Your cart.

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

8. 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.

3. order errors, cancelling orders and returns:

1. If you wish to cancel Your order You must email online@dermalogica.co.za within 3 hours of placing the order. Upon cancellation of the order, Dermalogica will credit the credit card used to pay for the order the day after the order was cancelled. If You made payment by means of instant EFT, Your refund will be made within 7 days from the date that the order was cancelled.

2. Dermalogica 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, Dermalogica will, at Your election, reimburse You the Rand value paid for the Product by means of electronic funds transfer.

3. Prior to 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 and before it has been packed at the warehouse You will be refunded the full order value within 7 business days of date of cancellation, provided that the payment for the cancelled order has been received by Dermalogica.

4. After dispatch or delivery of an order, You cannot cancel the order but are entitled to return the Products in accordance with the Dermalogica Returns Policy which can be accessed at https://www.dermalogica.co.za/returns-policy/.

5. You have the right to return Products in accordance with the provisions of the Dermalogica Returns Policy which can be accessed at https://www.dermalogica.co.za/returns-policy/.

4. payment, card acquiring and security:

1. You may make payment using Your Visa, MasterCard, Diners or American Express cards or by Instant EFT via EFT Secure. If You are making payment via a bank card, You guarantee 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.

2. Card transactions will be acquired for Dermalogica via Peach Payment Services (Pty) Ltd (“Peach”), who is an approved payment gateway for all South African acquiring banks. The applicable Peach security certificate and security policy may be viewed at www.peachpayments.com.

3. Your details will be stored by Dermalogica separately from the card details, which are entered on Peach’s secure site

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

5. Dermalogica 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.

6. Buy now pay later options are available on check out for approved account holders and You can access the terms applicable to these payment options by clicking on the “learn more” links on each product page.

5. delivery:

1. Delivery of Your order will be made via courier within 2 to 4 business days from the date that payment is received by Dermalogica, except during sales and/or special events, such as Black Friday or Cyber Monday, when delivery may take up to 10 business days. Dermalogica does not guarantee that Your Order will be dispatched or delivered on any particular date and time.

2. Delivery will be made to a valid physical address in the Republic of South Africa on business days between 08h00 and 17h00 and You, or the person accepting delivery on Your behalf, may be requested to produce identification when accepting delivery of Your Order.

3. Two attempts will be made to deliver Your order and should You fail, refuse or neglect to be available and accept the order after 2 attempts, You may be liable for additional delivery charges or Dermalogica may elect to cancel Your order, in which event Dermalogica will refund You the full transaction value less delivery charges already incurred and a 10% administration charge in the event of the refund being made by electronic funds transfer. The aforesaid refund will, at Your election, be made by electronic funds transfer or in the form of a Dermalogica gift voucher.

4. Once Your order has been shipped, You will receive a sms from the Dermalogica third party courier containing a tracking number and a link to track Your order.

5. When Your order is delivered, You must inspect the Products and be satisfied that the Products conform to the quality and quantity You ordered and are free from any defects. You are not able to return any Products to Dermalogica with the courier and if You wish to return the Products, You must follow the returns procedure, as contained in the Dermalogica Returns Policy which can be accessed at https://www.dermalogica.co.za/return-policy

6. vouchers and promotional codes:

1. Dermalogica may release digital gift vouchers or promotional codes(collectively referred to as “Vouchers”), which You may redeem against Your online purchases and which will be subject to the terms and conditions contained on each Voucher. Only 1 promotional code may be used at any one time. 2. Vouchers are not transferable and may only be redeemed against Your Website purchase, provided that the Voucher is valid and has not expired. Vouchers are not redeemable for cash. 3. If such notification is not received within this time frame then Dermalogica makes no guarantee or commitment with regard to replacing the Product.

7. product expiry dates:

1. Certain Products may contain expiry dates, which will be printed on the outer Product carton and on the Product container. Dermalogica undertakes to deliver all Products carrying expiry dates, with a minimum of 6 months remaining to the applicable expiry date, unless specifically stated otherwise during promotional periods. 2. If You receive a Product (other than a promotional products), that has been purchased on the Website, that expires in less than the aforesaid 6 month period at the time of receipt thereof, Dermalogica will replace the Product free of charge, provided that You have followed the Product returns process which can be accessed at https://www.dermalogica.co.za/returns-policy/.

8. your data:

1. Dermalogica shall take all reasonable steps to protect Your personal information in accordance with the Dermalogica Privacy Policy, which can be accessed at https://www.dermalogica.co.za/privacy-policy.

9. liability and complaints:

1. The Website is provided on an "as is" basis and accordingly, Your use thereof is at Your own risk and Dermalogica, 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. 2. Dermalogica 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. 3. If You have any complaints regarding the standard and/or quality of the Products bought on the Website, You may lodge Your compliant on the Website by creating an after-sales case, which can be created by clicking “contact us”.

10. website visit records and information collection

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

11. cookies:

1. The Website may make use of cookies to enable it to perform better. A cookie is a feature built into Your browser that assigns You a user identification and is used to follow the pattern of movements of web users. Cookies allow Dermalogica to understand which pages on its Website are visited, in what order and how often.

2. Individually cookies cannot be used to discover Your identity, as they merely identify Your computer to the Dermalogica servers when You visit the Website. In the event that You do not want a cookie assigned to You, You can set Your browser to refuse cookies.

12. data protection

1. Your personal information, as defined in the Protection of Personal Information Act, will be collected, stored, transferred and used in accordance with the provisions of Dermalogica’s data protection policy which can be found at https://dermalogica.co.za/pages/privacy-policy

13. intellectual property:

1. Dermalogica 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.

14. changes to policies

1. Dermalogica 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.

2. Dermalogica 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.

3. 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.

4. 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.

5. These Terms and Conditions will be construed and governed in accordance with the laws of the Republic of South Africa and Dermalogica chooses as its domicilium citandi et executandi for all purposes under these Terms and Conditions, the address situated at 11-13 St Andrews Road, Parktown, Johannesburg, 2193.

15. gift policy

Please be aware that only one gift is allowed per order. Dermalogica reserves the right to remove any additional gifts added to an order. This policy serves to prevent any misunderstandings and ensures fairness to all customers. Thank you for your understanding.