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TERMS OF USE AND ONLINE STORE TERMS


1. ABOUT THESE TERMS

Welcome to Warm Ivory.

These Terms of Use and Online Store Terms ("Terms") govern your access to and use of the Warm Ivory website, online store, product information, questionnaires, recommendation tools, educational material, communications and related services.

Warm Ivory is operated by Prosperity Transformationz, trading as Warm Ivory ("Warm Ivory", "WI", "we", "us" or "our").

By accessing or using our website, creating an account, completing a questionnaire, submitting information, communicating with us electronically or placing an order, you agree to be bound by these Terms together with our Privacy Policy, Returns and Refunds Policy, Shipping and Delivery Policy, Cookie Policy and any other policies displayed on our website.

If you do not agree to these Terms, you must not use the website or our services.

Nothing in these Terms is intended to exclude or restrict any right that cannot lawfully be excluded under the Consumer Protection Act 68 of 2008, the Electronic Communications and Transactions Act 25 of 2002 or any other applicable South African law.


2. BUSINESS INFORMATION

Trading name: Warm Ivory
Legal business: Prosperity Transformationz
Website: www.warmivory.co.za
Email: help@warmivory.co.za
Telephone / WhatsApp: 082 467 3876
Physical address: 4 Peter Road, Moret, Randburg, Gauteng, South Africa
Address for service of legal documents: 4 Peter Road, Moret, Randburg, Gauteng, South Africa

Where Warm Ivory is registered for VAT, the applicable VAT information will be displayed where legally required.


3. NATURE OF OUR BUSINESS

Warm Ivory is an online retailer of selected beauty, fragrance, skincare, K-beauty, personal-care, wellness and related products.

Products may include, amongst others:

  • fragrances and fragrance products;
  • Korean skincare and beauty products;
  • cosmetics and personal-care products;
  • collagen products;
  • medicinal or functional mushroom products;
  • nutritional, complementary or wellness products; and
  • other lifestyle and wellness products introduced from time to time.

We may also provide educational information, product-comparison tools, questionnaires and personalised product suggestions intended to help customers navigate our product range.

The availability of a product on our website does not constitute a representation that the product is suitable for every person.


4. IMPORTANT HEALTH AND WELLNESS DISCLAIMER

PLEASE READ THIS SECTION CAREFULLY BEFORE PURCHASING OR USING ANY WELLNESS, SUPPLEMENT, MUSHROOM, COLLAGEN, SKINCARE OR RELATED PRODUCT.

Warm Ivory is a retailer. Warm Ivory is not a medical practice, healthcare provider, pharmacy, dietetic practice or diagnostic service.

Nothing contained on our website, social-media platforms, questionnaires, recommendation tools, product descriptions, articles, emails, WhatsApp communications or other material supplied by Warm Ivory constitutes:

  • medical advice;
  • diagnosis;
  • treatment;
  • a prescription;
  • nutritional or dietetic advice;
  • psychiatric or psychological advice; or
  • a substitute for advice from an appropriately qualified healthcare professional.

Information supplied by Warm Ivory is intended for general educational, informational and shopping-guidance purposes only.

You must not disregard, delay obtaining or discontinue professional medical advice or prescribed treatment because of information obtained from Warm Ivory.

You remain responsible for determining whether a product is appropriate for you and for using the product in accordance with its label, manufacturer instructions and professional medical advice.

You should consult an appropriately qualified healthcare professional before using a supplement, medicinal or functional mushroom, collagen product or other wellness product if you:

  • are pregnant, breastfeeding or trying to conceive;
  • are under medical treatment;
  • use prescription or chronic medication;
  • use other supplements or complementary medicines;
  • have an existing medical condition;
  • have known allergies or sensitivities;
  • are awaiting or recovering from surgery;
  • are immunocompromised; or
  • have any concern about whether a product is appropriate for you.

Possible interactions can occur between supplements, herbs, mushrooms, medicines and other substances.

If you experience an unexpected or adverse reaction, discontinue use where appropriate and obtain medical advice.

No statement on the Warm Ivory website should be interpreted as a representation that any product will diagnose, prevent, treat or cure any disease or medical condition unless such claim is expressly authorised under applicable South African law.


5. PRODUCT QUESTIONNAIRES AND PERSONALISED RECOMMENDATIONS

Warm Ivory may provide complimentary online questionnaires, quizzes, routine builders, fragrance finders, wellness selectors or similar tools ("Recommendation Tools").

These tools may use information you voluntarily provide to suggest products that may be relevant to your stated preferences.

Recommendations are generated for shopping guidance only.

A recommendation does not constitute a representation, warranty, diagnosis or professional opinion that a product:

  • is medically appropriate for you;
  • is guaranteed to produce a particular result;
  • will not cause an allergic or adverse reaction;
  • will interact safely with medication or another supplement; or
  • is suitable for any medical condition.

The accuracy and usefulness of any recommendation depend on the accuracy and completeness of the information you provide.

You must not knowingly provide false or misleading information when using a Recommendation Tool.

Where a questionnaire asks about health circumstances, medications, allergies, pregnancy or other matters relevant to product safety, you should answer accurately.

Warm Ivory may decline to provide a recommendation and may instead recommend that you consult an appropriately qualified healthcare professional.

A Warm Ivory recommendation never overrides medical advice or the manufacturer's warnings, dosage instructions, contraindications or product directions.


6. SKINCARE AND COSMETIC PRODUCTS

Skincare results differ between individuals.

Product descriptions, ingredient information, customer reviews, routines and recommendations do not guarantee any particular cosmetic or dermatological result.

Customers should review product ingredients carefully before use, particularly where they have allergies, sensitive skin or known ingredient intolerances.

Where appropriate, we recommend patch testing a new skincare or cosmetic product before widespread use.

You must discontinue use and obtain appropriate professional advice if you experience a significant or persistent adverse reaction.


7. FRAGRANCES

Fragrance is subjective and may smell different between individuals because of skin chemistry, temperature, environment and other factors.

Descriptions such as fragrance notes, longevity, projection, season, mood, similarity or suitability are descriptive guidance and not guarantees.

Unless a statutory return right applies, a customer's personal dislike of a fragrance after opening or using it does not necessarily mean that the product is defective.

Specific return conditions applicable to sealed and opened fragrance products are contained in our Returns and Refunds Policy.


8. PRODUCT INFORMATION AND MANUFACTURER INFORMATION

We take reasonable steps to ensure that product descriptions, ingredients, images, specifications, pricing and other information displayed on the website are accurate.

However:

  • manufacturers may change formulations, packaging, labelling or specifications without prior notice;
  • product packaging may differ from website images;
  • colours may appear differently depending on the device or screen used;
  • translated ingredient or manufacturer information may differ slightly from original packaging; and
  • information supplied by manufacturers, distributors or third parties may change.

Where there is any conflict between general information on the Warm Ivory website and mandatory warnings, instructions or information printed on the actual product, the product's official labelling and manufacturer instructions should be followed, subject always to applicable law.


9. AGE AND CAPACITY

You must be at least 18 years old and legally capable of entering into a binding agreement to place an order with Warm Ivory.

A person under 18 may browse the website but may only purchase products with the involvement and consent of a parent or legal guardian.

We reserve the right to restrict the purchase of any product where legislation, manufacturer requirements or safety considerations impose an age or other restriction.


10. ACCOUNTS AND CUSTOMER INFORMATION

You agree to provide accurate, current and complete information when creating an account, placing an order, completing a questionnaire or communicating with us.

You are responsible for:

  • protecting your account login details;
  • activity performed through your account where reasonably attributable to you; and
  • informing us promptly if you suspect unauthorised access.

You may not impersonate another person or create accounts for fraudulent, abusive or unlawful purposes.


11. ORDERS

Displaying a product on our website constitutes an invitation to customers to place an order and does not necessarily constitute a binding offer by Warm Ivory.

When you submit an order, you make an offer to purchase the selected products subject to these Terms.

An automated order acknowledgement confirms receipt of your order. It does not necessarily mean that we have finally accepted the order.

Warm Ivory may reject or cancel an order where reasonably necessary, including where:

  • a product is unavailable;
  • there is an obvious pricing or description error;
  • payment is unsuccessful or reversed;
  • fraudulent or unauthorised activity is suspected;
  • legal or regulatory restrictions apply;
  • there is reason to believe products are being purchased for unauthorised resale; or
  • fulfilling the order would be unlawful.

Where we cancel an order after receiving payment and the customer is entitled to a refund, the amount lawfully due will be refunded in accordance with applicable law and our refund procedures.


12. PRICING AND PAYMENT

Prices are displayed in South African Rand unless otherwise stated.

Applicable taxes and delivery charges will be disclosed in accordance with applicable law and displayed during the purchasing process where relevant.

Customers must review the final order amount before completing payment.

Available payment methods are displayed at checkout.

Payments may be processed through third-party payment service providers. Warm Ivory does not necessarily receive or retain full payment-card information processed directly by those providers.

We take reasonable steps to use payment systems appropriate to the nature of the transaction.


13. AVAILABILITY

All products are subject to availability.

Placing an item in a shopping cart does not reserve stock unless we expressly state otherwise.

If a product becomes unavailable after you place an order, we will notify you and provide the remedy required by applicable law.


14. DELIVERY, RETURNS AND REFUNDS

Delivery arrangements are governed by our Shipping and Delivery Policy.

Returns, refunds, exchanges, damaged goods and incorrect products are governed by our Returns and Refunds Policy, which forms part of these Terms.

Certain electronic transactions may qualify for the statutory cooling-off rights contained in the Electronic Communications and Transactions Act 25 of 2002.

Where section 44 of that Act applies, a consumer may generally cancel a qualifying electronic transaction for goods within seven days after receipt, subject to the statutory exclusions and conditions applicable to that transaction.

Nothing in Warm Ivory's policies limits any additional rights available to a consumer under the Consumer Protection Act or other applicable South African legislation.

Health, hygiene, cosmetic, fragrance and wellness products may be subject to lawful restrictions on return once opened, unsealed, used or otherwise rendered unsuitable for resale, depending on the circumstances and applicable legislation.

The detailed rules will be contained in our Returns and Refunds Policy.


15. INTELLECTUAL PROPERTY AND OWNERSHIP

The Warm Ivory website and the original material created for Warm Ivory are protected by South African and, where applicable, international intellectual-property laws.

Except where expressly identified as third-party material, rights in Warm Ivory's original content may include rights in:

  • photographs;
  • product photography;
  • graphics;
  • videos;
  • layouts;
  • website design;
  • written descriptions;
  • articles;
  • educational material;
  • questionnaires;
  • product-selection systems;
  • comparison material;
  • graphics and illustrations;
  • branding;
  • logos;
  • slogans;
  • social-media content;
  • advertising material; and
  • databases and compilations.

All rights are reserved.

Manufacturer names, product names, trademarks, photographs and other intellectual property belonging to third parties remain the property of their respective owners. Their appearance on our website does not transfer ownership of those rights to Warm Ivory or to any website user.


16. STRICT PROHIBITION ON COPYING, SCRAPING AND RECREATING WARM IVORY CONTENT

Warm Ivory's original photographs, imagery, written content, graphics, videos, questionnaires, guides, product-selection material and other proprietary content may not be copied, reproduced, republished or commercially exploited without our prior written permission.

Except where applicable law expressly permits otherwise, you may not:

  • copy or download Warm Ivory photographs or images for republication;
  • screenshot, crop, edit, reproduce or republish our product photography for commercial or promotional purposes;
  • copy or substantially reproduce Warm Ivory product descriptions or editorial content;
  • recreate Warm Ivory guides, questionnaires, graphics or educational material;
  • remove watermarks, copyright notices, branding or attribution;
  • use our content to create competing product listings, catalogues, websites, advertisements or social-media content;
  • scrape, crawl, harvest or systematically extract website content, product data, prices, images, descriptions or databases by automated means;
  • use bots, spiders, scraping software or automated extraction tools to obtain Warm Ivory content except legitimate search-engine indexing not contrary to our instructions;
  • mirror, frame or reproduce the Warm Ivory website or a substantial part of it;
  • use Warm Ivory content to train, fine-tune, populate or develop an artificial-intelligence model, machine-learning system, commercial database or competing recommendation system without our prior written permission;
  • falsely imply any association, sponsorship or endorsement by Warm Ivory;
  • impersonate Warm Ivory;
  • register or use confusingly similar branding for the purpose of misleading customers; or
  • distribute Warm Ivory material through spam, unsolicited bulk communications or deceptive advertising.

Permission to share a link to publicly accessible Warm Ivory content does not constitute permission to copy the underlying content.

Where Warm Ivory believes its intellectual property is being infringed, we reserve the right to demand removal, issue takedown notices, suspend access, preserve evidence and pursue any remedies available under South African law.


17. ACCEPTABLE USE OF THE WEBSITE

You may use the website only for lawful personal shopping and informational purposes.

You may not:

  • use the website for fraudulent purposes;
  • attempt unauthorised access to the website or another customer's account;
  • introduce malware or malicious code;
  • interfere with website security or operation;
  • undertake denial-of-service or similar attacks;
  • send spam through any Warm Ivory system;
  • harvest customer or business contact details;
  • submit false reviews or misleading information;
  • manipulate reviews, referrals, promotions or discount systems;
  • use the website to infringe another person's rights; or
  • use the website in violation of any applicable law.

18. CUSTOMER REVIEWS AND USER-SUBMITTED CONTENT

Where customers are permitted to submit reviews, photographs, comments or other content, that content must be truthful, lawful and based on genuine experience.

You may not submit content that:

  • is defamatory;
  • is fraudulent or misleading;
  • infringes another person's intellectual property;
  • unlawfully discloses personal information;
  • contains malicious links or spam;
  • promotes unlawful conduct; or
  • makes prohibited or misleading medical claims.

You retain ownership of content you own, but by submitting content for publication you grant Warm Ivory a non-exclusive, royalty-free licence to host, reproduce and display that content for the purpose for which it was submitted and for reasonable promotion of the Warm Ivory business, subject to applicable law.

We may moderate or remove unlawful, misleading, abusive or irrelevant content.


19. THIRD-PARTY LINKS AND SERVICES

The website may contain links to manufacturer websites, payment providers, courier services, social-media platforms or other third-party services.

Those services operate independently of Warm Ivory.

We are not responsible for third-party websites, privacy practices or content merely because we provide a link to them.

Customers should review the applicable third party's own terms and privacy policies.


20. LIMITATION OF LIABILITY

Warm Ivory will exercise reasonable care in operating the website and supplying products.

To the fullest extent permitted by applicable law, Warm Ivory will not be liable for losses caused solely by:

  • misuse of a product contrary to its instructions;
  • failure to disclose relevant information when requesting personalised guidance;
  • disregarding manufacturer warnings;
  • disregarding professional medical advice;
  • combining products or supplements contrary to professional or manufacturer guidance;
  • an individual's unforeseen sensitivity or allergic response where Warm Ivory has not acted unlawfully or negligently;
  • unauthorised access caused by a customer's failure to secure their account credentials;
  • services or systems operated independently by third parties; or
  • events beyond Warm Ivory's reasonable control.

No provision of these Terms excludes liability where such exclusion is prohibited by law, including liability that may not lawfully be excluded under the Consumer Protection Act.

Nothing in these Terms deprives a consumer of any statutory right or remedy.


21. NO GUARANTEE OF INDIVIDUAL RESULTS

Beauty, skincare, fragrance and wellness experiences differ between individuals.

Testimonials, customer reviews, before-and-after information, product recommendations and descriptions reflect individual experiences or general information and do not constitute a guarantee that another customer will obtain the same result.


22. AUTHENTICITY AND PRODUCT SOURCING

Warm Ivory intends to source products through suppliers, distributors and other channels that we reasonably consider legitimate.

Where we expressly describe a product as authentic or original, that description will be based on the information and sourcing evidence reasonably available to us.

Customers may not use Warm Ivory's brand, content or product listings to falsely suggest that they are authorised Warm Ivory resellers or representatives.


23. ELECTRONIC COMMUNICATIONS

By using our website or communicating with us electronically, you acknowledge that electronic communications may constitute valid communications and records under South African law.

Transactional communications relating to an order, account, delivery, security issue or customer-service request may be sent electronically using the contact information supplied by you.

Marketing communications will be managed in accordance with applicable privacy, electronic-communications and consumer-protection laws.


24. PERSONAL INFORMATION AND PRIVACY

Warm Ivory processes personal information in accordance with our Privacy Policy and applicable South African privacy law, including the Protection of Personal Information Act 4 of 2013.

Information supplied through Recommendation Tools may include information relevant to skincare, wellness preferences or product suitability.

Where information may constitute personal information requiring additional protection, it will be handled in accordance with our Privacy Policy and applicable law.

Customers should not submit information through a questionnaire that is unnecessary for the purpose of obtaining the requested recommendation.


25. SUSPENSION OR TERMINATION OF WEBSITE ACCESS

We may suspend, restrict or terminate access to the website where reasonably necessary to:

  • protect website security;
  • investigate suspected fraud;
  • prevent unlawful activity;
  • protect Warm Ivory or third-party intellectual property;
  • stop scraping, spam or automated abuse;
  • enforce these Terms; or
  • comply with a legal obligation.

Termination of website access does not affect rights or obligations that arose before termination.


26. CHANGES TO THESE TERMS

Warm Ivory may update these Terms from time to time to reflect:

  • changes in law or regulation;
  • new products or services;
  • changes to website functionality;
  • changes to payment or delivery arrangements; or
  • reasonable changes to our business practices.

The latest version and effective date will be published on this page.

Changes will apply prospectively from their stated effective date unless applicable law requires otherwise.

Orders already concluded remain governed by the terms applicable when the transaction was concluded, to the extent required by law.


27. GOVERNING LAW

These Terms and all transactions concluded through Warm Ivory are governed by the laws of the Republic of South Africa.

Any dispute will be dealt with by a court, tribunal, consumer body or other forum having jurisdiction under South African law.

Nothing in these Terms prevents a consumer from exercising a right to approach a regulator, consumer commission, ombud, tribunal or other forum where permitted by law.


28. SEVERABILITY

If any provision of these Terms is found to be invalid or unenforceable, that provision will, to the extent legally possible, be severed or interpreted so as to make it enforceable.

The remaining provisions will continue to apply.


29. FAILURE TO ENFORCE

A failure or delay by Warm Ivory to enforce a right under these Terms does not constitute a waiver of that right.


30. ENTIRE AGREEMENT

These Terms, together with the policies incorporated into them and the information applicable to a particular order, constitute the agreement governing use of the Warm Ivory website and online store.

Nothing in this clause excludes any representation, right or obligation that cannot lawfully be excluded.


31. CONTACT US

Questions regarding these Terms may be directed to:

Warm Ivory
Email: help@warmivory.co.za
Telephone / WhatsApp: 082 467 3876
Physical address: 4 Peter Road, Moret, Randburg, Gauteng, South Africa

By continuing to use the Warm Ivory website or placing an order, you acknowledge that you have had a reasonable opportunity to read these Terms and agree to be bound by them, subject always to your rights under applicable South African law.

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