Distributor Terms and Conditions
Posted by PMU Makeup Team on 28 August 2017 11:11 PM

The Terms and Conditions [“Terms and Conditions”] govern all visitors [“User" or “Users” or “you”], including those who purchase [“Purchaser or Purchasers”] any products or courses on the website domain www.pmu.co.za and any sub-domains thereof [herein after referred to as "the Website"]. The PMU Trust, registration number: IT2514/2010 [herein after referred to as "the Provider"] owns and operates the Website.

If you are a Distributor of PMU, please sign in to your account and familiarise yourself with the Distributor Terms and Conditions.

If you are taking part in a PMU competition, please familiarise yourself with our PMU Competition Terms and Conditions.

Your continued use of the Website will be constituted as acceptance of the Terms and Conditions, unmodified by you, and you will be bound by the Terms and Conditions. If you do not agree to these Terms and Conditions, do not continue using this Website.

Quick Links: Physical Goods and Returns Policy and Returns and Refunds Procedure


TERM & TERMINATION

These Terms and Conditions will commence from the date on which they are published on the Website and shall continue indefinitely, as amended by the Provider from time to time [as described within these Terms and Conditions], for so long as the Website exists and is operational, the Provider being entitled to terminate these Terms and Conditions and/or shut down the Website at any time [subject to still process any orders then placed and accepted by the Provider].


CHANGES TO AGREEMENT

The Provider may, at its sole discretion, change these Terms and Conditions or any part thereof at any time on notice to you.  It is your responsibility to ensure that you are satisfied with the amendments.  Should you not be satisfied with the amendments, you must refrain from placing any further orders on, or from using the Website in any way.


STOCK AVAILABILITY

The provision of goods and services is subject to availability. Stocks of all goods on offer are limited. The Provider shall take all reasonable efforts to ensure that when stock is no longer available, that offers thereof are discontinued. However, should the Provider be unable to fulfill any order placed by you at the advertised price due to stock having sold out, the Provider will notify you and you will be entitled to a refund of the amount paid by you for such product, as explained in more detail in the Refund Policy.


PACKAGING

Please note that although the Provider endeavours to accurately describe and/or depict each product on the Website, some photographs may be updated to display a newer cosmetic package available at a future date and/or some photographs may be outdated, displaying a cosmetic package as previously available for such product.

In the unlikely event that you are purchasing a make-up product due to its packaging where shade and formula of the product remain unchanged, please enquire before ordering.


ERRORS

The Provider shall take all reasonable efforts to accurately indicate prices and delivery charges. However, should products be erroneously offered at incorrect prices and/or delivery charges, the Provider will not be obliged to sell products at such incorrect prices and/or delivery charges, but shall refund monies paid by you should you not wish to proceed with the purchase at the correct price and/or delivery charge.


A SALE AGREEMENT

A product[s] placed in your ‘cart’ or adding it to your ‘wish list’ without completing Steps 1 to 4 of the purchase cycle does not:

* constitute an agreement of sale; and/or
* constitute an order for such product

and as such, the Provider may remove such product from the shopping ‘cart’ or ‘wish list’ if stock becomes unavailable and you cannot hold the Provider liable if such product is not available when the purchase cycle is completed at a later stage.

A Sale Agreement comes into effect if and when:

* you electronically submit a properly completed order for one or more products in your shopping basket; and
* payment is either authorised, or received and available by the Provider in its bank account.


SALES RECORD

A record of each sale and related transaction between you and the Provider shall be maintained on the Website for a period of twelve months following the date of such transaction. Thereafter, you shall be responsible for retaining your own record of the relevant transaction.


DEFECTS, RETURNS, REFUNDS & GUARANTEES 

Should you not be satisfied with any product purchased by you on the Website, by reason of a defect or otherwise, you may, under certain circumstances, be entitled to either be refunded or have the product repaired or replaced, as the case may be. In the case of errors in orders where discount privileges apply which are intended for those who are expected to order regularly, any monetary error resulting in the Purchaser to be credited will be rectified in the form of a shopping coupon/voucher equal to the value of the applicable product's discounted value and VAT charged and will be used on the Purchaser's next order(s). Our Terms and Conditions regulate your rights in this regard, and how products are to be returned to us.

Quick Links: Physical Goods and Returns Policy and Returns and Refunds Procedure


ORDER CANCELLATIONS

* With the exception of any purchase of an online course that is immediately downloadable, or an electronic Voucher, which cannot be cancelled once purchased, you are entitled to cancel your entire order [not part thereof] without incurring any cancellation and/or administration fees if you cancel before the order has been packed and packaged.

* Should you incorrectly order products, forget to order products or incorrectly enter or omit details, such as the shipping address, you must request in writing that the order with the applicable order number is deleted and it the User’s responsibility to reorder on a new order with the details correctly entered.

* If timeously cancelled as aforesaid, you will be fully refunded in respect of such cancelled sale [including delivery charges], without any administrative or other charges being payable.

* If the order is packed, but has not yet been shipped, before a cancellation notification is received, the User shall be liable for a handling fee. Such fee will cost a minimum of R50 on orders up to R1000 and orders in excess of R1000 will be charged 5% of the total retail value of the order, excluding shipping and VAT.

* If the order has been packed and shipped, should you for any reason wish to cancel your purchase, you will be liable for all shipping costs that may arise, caused by the shipping of the requested item back to the original seller. An additional cost of 35% handling fee of the total order will also be charged. You must advise us in writing of your cancellation and any such cancellation must be signed by the person who made the original purchase. The Provider will only be liable to refund the payment less the handling fee, once the entire parcel has been returned to The Provider unopened and unsealed.


PRODUCTS INCORRECTLY ISSUED OR DAMAGED

The Purchaser or User must report stock errors and damages within 48 hours of receipt of such products. Failure to do so will result in the Purchaser being liable for all costs incurred with the exchanging or replacing products. The Provider is entitled to request a photograph of the damaged items to investigate the issue further.


REFUNDS & RETURNS

All orders are packed and shipped according to the client’s selections and entries. The Provider shall not be liable for any orders where incorrect selections/entries have been made. Products may not be exchanged or returned and payment for such orders will not be refunded, unless:

* A product[s] was incorrectly issued by the Provider.
* A product[s] was damaged during shipping and was received as damaged.
* A product[s] was received as damaged/defective but NOT due to shipping.

Quick Links: Physical Goods and Returns Policy and Returns and Refunds Procedure


TRAINING COURSE REFUNDS

In the event of a trainee being unable to complete any course/courses, or part of the course/courses, no part of the fees will be refundable. Where the Provider is given one month’s notice of a problem regarding the commencement of a course, or continuation of attendance at a course; or where illness or injury makes attendance impossible; the trainee may commence or continue training at a later date, at the discretion of the School. Should it become impossible for the Provider to commence or complete any course due to circumstances beyond its control, the school may at its own discretion transfer the course, or a portion of the course, to a later date.


THE USER'S RESPONSIBILITIES

* All orders must be correctly processed through the online store with the data correctly entered into the various fields according to the online instructions.

* It is the User’s responsibility to double check all entries before confirming the order. The system allows for you to check and edit your order in your shopping cart, as well as before clicking the final confirmation.

* PMU staff is not permitted to order, amend incorrect entries on orders or add products to an order on behalf of the Purchaser or User, unless the User's request for such is in writing. Where the latter applies, it is the User’s responsibility to double check all entries before confirming the order with a payment.

* It is the User’s responsibility to familiarise himself/herself with our Physical Goods and Returns Policy before purchasing online.


PRIVACY

* Only the necessary delivery information required for executing the orders placed through the Provider’s e-commerce facility, namely the User´s personal name and/or company, delivery address and telephone numbers will be made known to the parties responsible for the order delivery.

* We respect your privacy and will not disclose your personal information to third parties, unless you have requested us to do so.

* When the User selects the option to purchase by credit card, the User is redirected to a secure credit card service provider, namely MyGate. Credit card transactions will be acquired for the Provider by MyGate www.mygate.co.za who are an approved payment gateway for First National Bank of South Africa. MyGate uses SSL3 and credit card information is stored per Visa and Mastercard guidelines on the website. Users may go to http://mygate.co.za/about/system-security-policy to view their security certificate and security policy. 

* Customer details will be stored by the Provider separately from credit card details and which are only entered by the client on MyGate’s secure site.  For more detail on MyGate, please refer to www.mygate.co.za. The Provider cannot be held responsible for security breaches occurring on credit card transactions; other payment options are available on the Website.

* If you are dissatisfied with the level of privacy we provide, then you are deemed to not agree to these Terms and Conditions and you should not use the Website, because as stated above, your continued use of the Website will constitute acceptance of the Terms and Conditions.


ELECTRONIC COMMUNICATIONS

When you visit or use the Website or send e-mails to the Provider or its offices, you consent to receiving communications from the Provider electronically and agree that all notices, agreements, disclosures and other communications sent by the Provider satisfy any legal requirements, including but not limited to the requirement that such communications should be “in writing”.


COPYRIGHT & OTHER INTELLECTUAL PROPERTY RIGHTS

* Any and all copyright subsisting in the Website, including these Terms and Conditions, vests in The Provider and all rights not expressly granted are reserved.

* Unless you have an official agreement with The Provider, you may only download, view and print content from this Website for private and non-commercial purposes. To obtain permissions for the commercial use of any content on this Website, please email us for assistance.

* The Provider cannot screen or edit all the content available from the Website and does not accept any liability for illegal, defamatory or obscene content. You are encouraged to inform The Provider of any content that may be offensive or illegal.

* All the content, trademarks and data on this Website, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to The Provider and as such are protected from infringement by local and international legislation and treaties.

* No business, web site or person may frame this site or any of the pages on this Website in any way whatsoever. No person, business or web site may use any technology to search and gain any information from this Website without the prior written permission of the Provider.


DISCLAIMER

Save for the Provider being liable to you under the Consumer Protection Act 68 of 2008 [“CPA”] in relation to any products sold by the Provider to you via the Website; and under sections 43[5] and 43[6] of the ECT Act in relation to Website’s payment systems not being sufficiently secure, neither the Provider nor any of its representatives, agents or stockists shall be liable for any damage, loss or liability of whatsoever nature arising from the use of or lack of ability to use this Website or the services or content provided from and through this Website. Furthermore, either the Provider or the Website makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this Website are free from errors or omissions or that the service will be continuously uninterrupted and free of errors. We do however kindly request that you report any possible malfunctions and errors to store@pmu.co.za.

The Website has not been compiled or supplied to meet your individual requirements. The Website is supplied on an “as is” basis and it is your sole responsibility to satisfy yourself prior to accepting these Terms and Conditions that the service available from and through this Website will meet your individual requirements and be compatible with your hardware and/or software.

Information, ideas and opinions expressed on this Website should not be regarded as professional advice or the official opinion of the Provider and you are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this Website.


INDEMNITY

* The use of any product or service bought from this Website is at the Purchaser´s risk. The Purchaser or User indemnifies and holds the Provider harmless against any loss, injury or damages which may be sustained as a result of using the products sold on the Website.

* The Provider cannot be held responsible for security breaches occurring on the User´s electronic device [Personal Computer or other electronic device used to browse the Website], which may result due to the lack of adequate virus protection software or spyware that the User may inadvertently have installed on his/her device.

* All credit card payments are redirected from The Provider’s Website to MyGATE, a secure and approved internet payment gateway for First National Bank of South Africa. The Provider can therefore not be held responsible for security breaches occurring on credit card transactions.


GOVERNING LAW & JURISTRICTIONS 

This Website is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law and, subject to the ‘Disputes’ clause of these Terms and Conditions, you and The Provider submit to the non-exclusive jurisdiction of the South African courts.


DISPUTES

With the exception of urgent or interim relief which may be granted by a competent court, in the event of any dispute of any nature whatsoever arising between you and the Provider on any matter provided for in, or arising out of these Terms and Conditions, and not resolved through the PMU Customer Relations Office, then such a dispute shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa. You can request a link to download these rules if the need arises.

Between you and any Independent Agent or Stockist of Products/Courses
The ‘Provider’ is not your or any Independent Seller’s agent and will not act as either in connection with resolving any disputes between the two of you.


ADDRESS FOR NOTICES

The Provider chooses as its address for all purposes under these T&C, whether in respect of court process, notice, or other documents or communication of whatsoever nature, the following address: 16 Garrison Way, Door de Kraal, Bellville, 7530, Western Cape, South Africa with a copy to store@pmu.co.za  [the sending of such copy being required in order for any notice to be validly delivered to the Provider].


INFORMATION

The ECT Act states that when goods or services are offered by way of certain electronic transactions, the seller thereof must make certain information about it available to customers on websites where the goods or services are offered.

The Provider’s information is as follows:

Full name: PMU Online Store, a division of The PMU Trust, registered in South Africa, registration number IT2514/2010
Main business: E-Commerce; the Website retails/wholesales cosmetics, accessories and training courses.Address for receipt of legal service: 16 Garrison Way, Door de Kraal, Bellville, Western Cape.
Nominated Managing Authoriser of The PMU Trust: Andre Kruger
Webmaster: webmaster@pmu.co.za
Website: http://www.pmu.co.za
Official email address: store@pmu.co.za


PMU Online Store a division of The PMU Trust IT 2514/2010