Terms & Conditions of Service
Welcome to Perfect Pearls where we will always go the extra mile to provide you with our high-quality products at the click of a button!! When you access and make use of our website or place an order through our on-line shop at https://www.perfectpearlsco.com (the “Website), it constitutes your agreement to be bound by these Terms and Conditions of Service (“the Terms”). For this reason, please read the terms carefully before using the service.
When you place an order, send e-mails, text messages, or any other electronic communication to us, and when we communicate with you electronically, both of us agree, consent and accept that all electronic communication exchanged, satisfies any legal requirement that such communication needs to be in writing. You agree and acknowledge that by clicking on a button labeled “Submit”, “Continue”, “Register” and “I agree” or similar links or buttons, you are submitting a legally binding electronic signature and are entering into a legally binding contract.
We reserve the right to make changes to our Terms & Conditions of Service at any time and for any reason. Any changes or modifications will be effective immediately upon posting of the updated Terms. The version number and date as contained in the bottom right-hand corner shall be applicable to your order for purposes of interpretation.
This Agreement represents the whole Agreement. No changes, variation or cancellation shall be valid unless we have agreed to it in writing.
- DEFINITIONS & MEANING OF TERMINOLOGY USED
The terminology and definitions underneath will have the same meaning everywhere else where it appears. Any words written in inverted commas, means it is a definition of a term.
2.1.1 “You”, “Your” or “Our Client” means you as a person or individual who uses our services in your personal capacity.
2.1.2 “Online Products” or “Products” means the Teeth Whitening Products, Equipment, Accessories, Items, Consumables, Gel syringes, and any other related items that forms part of our service offering as showcased on our Website.
2.1.3 “Product Set” or Product Bundle” means a specific bundle of products or items that is offered at a set price as advertised on our Website.
2.1.4 “Governing law” means the law that shall be applied in terms of the validity, interpretation, respective rights and obligations of all parties and any other legal matters related to this Agreement which shall be determined in accordance with the laws of the Republic of South Africa.
2.1.5 “Perfect Pearls” refers to the name in which we trade and brand our products. Our registered name of business is The Perfect Traders (Pty) Ltd, a duly registered South African Company with limited liability and Company Registration No 2020/639442/07, having its main place of business at 40 Palmiet Street, Moreleta Park, Gauteng, Pretoria, 0181. Our postal address is the same and this is also the physical address for receipt of any formal or legal notices or documents. Our registered website address is http://www.perfectpearlsco.com. Any communication or complaints may be directed to email@example.com. Our main service offering is that of Teeth Whitening Sets & related products.
2.1.6 “ECTA” means the Electronic Communications and Transactions Act 25 of 2002 as amended. Perfect Pearls, in as far as we offer On-line Products which may be classified as “electronic transactions” as per ECTA, confirms our services listed on our website as our main business and hereby confirms, for purposes of disclosure in accordance with Section 43, that all the details as listed in 2.1.5 above to be true and correct.
2.1.7 “CPA” means the Consumer Protection Act, No. 68 of 2008 if you are a South African Citizen.
2.1.9 “VAT” shall mean value added tax payable as required in terms of the Value Added Tax Act, number 89 of 1991, as amended. All South African Transactions shall be deemed to be VAT inclusive for purposes of this Agreement as Perfect Pearls is not a VAT registered entity.
2.1.10 Calculation of Days: Any reference to number of days shall be business days excluding the first day and including the last day. A business day means any day excluding Saturdays, Sundays and public holidays.
2.1.11 “Force Majeure or vis major events” means a superior force or event or circumstance beyond the control of the parties. Due to such an event contractual performance is made impossible and beyond the reasonable control of either party. This includes but is not limited to any strikes, riots, fires, storms, epidemics, pandemics, quarantines, blockades, war, act of terrorism, natural disasters, failure or diminishment of power.
- YOUR ORDER, PROCESSING OF PAYMENTS AND PRODUCT AVAILIBILITY
3.1 Once you have placed your order, the price reflected on our Website shall be the price payable. Prior to proceeding to the final check-out point and authorising the list of Products purchased, by authorising the payment, you accept and consent that the items as ordered shall be shipped to you. We do not provide refunds for items mistakenly purchased.
3.2 Unless specifically stated, the price of our Products excludes costs of shipping.
3.3 By placing your order with us, you warrant and represent that you:
3.3.1 understand the nature and effect of our Terms and agree to it
3.3.2 are authorised and legally permitted to purchase the Products as ordered
3.3.3 have checked that you or the person you are ordering the Products for are not allergic to any of the ingredients contained in our Products as per our list of ingredients as disclosed underneath; you indemnify us fully against any claim of any nature whatsoever;
3.4 You agree to indemnify us against all/any expenses, losses or damages that we may sustain or incur due to your breach of any of the above warranties.
3.5 When you place an order and need to make a payment, financial information will be collected, such as data related to your payment method (e.g. valid credit card number, card brand, expiration date) when you purchase, order, return, exchange, or request information about our services from the Website. We store only limited financial information. All financial information is stored by trusted payment processor platforms. Click this link, https://www.payfast.co.za/privacy-policy, to access and read more detail on the handling of transactional data at PayFast.
3.6 All orders must be placed and paid for electronically via our website by following the on-screen prompts. Prices for products shall be as advertised on our Website. No Products shall be shipped unless payment in full has been received.
3.7 We will to the best of our ability ensure that the Product, Product Sets and quantities as advertised on our Website are available. We do not however make any warranties in this regard and accept no liability in the case that any of the Products are not available at the time of checkout. Should there be any delay of any nature, we will immediately communicate with you and advise how soon we would be able to rectify the situation. Should any problems arise, please contact us immediately on firstname.lastname@example.org report any malfunctions or issues encountered.
3.8 Even though we make sure our platform is always fully operative, we cannot guarantee that no technical glitches may occur. In the event that there was any technical difficulty, any force major events or circumstances beyond our control, the time period within which we will endeavour to carry out your order shall be moved forward until such time as we are able to proceed with the shipping of the order or at our elective, the cancellation and refund of the order provided the shipping process has not already commenced.
- SHIPPING, HANDLING OF PRODUCTS & RETURNS & REFUNDS POLICY
4.1 Unless specifically stated, shipping costs shall be added to your order. Costs of shipping, estimated days for delivery in your geographical area shall be as published on our Website under Shipping Policy.
4.2 Deliveries will be made to the shipping address that you provided when placing your order. It is your sole responsibility to make sure that the address is correct and to provide correct contact details.
4.3 If you stay in a security complex or estate, or delivery is at an office block where special access rules will apply, it is your responsibility to make sure your details are correct and you are available to receive the parcel.
4.4 If we have advertised that free shipping applies as part of a promotion, should you not be there to take delivery of an order or the address as provided wrong, a newly scheduled delivery shall only be done at your cost with payment of such costs to be done in advance.
4.5 Even though we do our best to ensure your parcels reach you timeously, we cannot guarantee that some parcels may be delayed or get lost due to inaccurate information of for reasons beyond our control. Should a parcel be lost or delayed we will use all reasonable effort to assist in resolving such issues.
4.6 We do offer a Track your Order service which should greatly assist with efficient delivery. Please address any issues to us on email@example.com.
4.7 Sometimes Orders scheduled for shipping or delivery are returned to us for various reasons such as incorrect, invalid addresses or non-payment of duties or fees, or unclaimed at collection points. If a package is returned or rejected, re-delivery will have to arranged at an additional delivery cost payable in advance.
4.8 We offer a 100% refund only if a product was damaged or faulty upon delivery and if photographic proof in the form of a time-stamped video or photos are submitted to us within 7 (SEVEN) calendar days from date of receipt of Products. If a package was damaged during transit, such damages must be recorded and noted and the evidence and a copy of your invoice emailed to firstname.lastname@example.org. Allow 3 (THREE) business days for the review, processing and consideration of your application.
4.9 We aim to treat all requests fairly, but a refund will only relate to a defective item and not necessary the full order. We reserve the right to reject a refund request if all requirements are not met. Should your request be approved, any refund processed will be directly into the account from which your payment was processed.
- INGREDIENTS, USE OF PRODUCTS & IMPORTANT DISCLAIMERS
5.1 We do not offer any kind of medical insurance, guarantees or warranties related to the Teeth Whitening Equipment or gel used during the process. Our Product is a beauty aid and is not a substitute for any professional dental or medical advice. Contact your dentist/health care professional if at all unsure if any of the ingredients might affect your health.
5.2 The list of ingredients contained in the Perfect Pearls whitening formula is as published on our website. Please check it before placing your order as we do not accept any liability for any claims of any nature. If unsure, check with your health professional. Click this link for the ingredients: https://perfectpearlsco.com/apps/help-center#hc-what-ingredients-does-the-gel-contain
5.3 It is very important to adhere and follow the user manual that accompanies the Teeth Whitening Kit and also to take due regard of warnings and tips. Please make sure to read the Frequently Asked Questions prior to ordering and using our Products.
5.4 We cannot guarantee individual results as the results will be dependent on your type of teeth enamel, current condition of your teeth and as well as any other external factors including following the correct application process and instructions. Our Products have been tried and tested with excellent results and would normally make your teeth at least 2-3 shades whiter. You indemnify us against any claims of any nature in this regard and by placing this order, you accept all risk associated with use of the Products or any complications that may arise.
5.5 Whitening fades with time and regular up-keep is recommended. These Products will not have the desired effect or whitening on veneers, crowns, bridges or cavities. Our Products should not be used if pregnant, gums are in poor condition, on overly sensitive teeth, if wearing braces, decayed teeth or exposed roots.
5.6 Should any adverse or allergic reaction be experienced, immediately cease use and get medical attention.
5.7 We accept no liability, to the fullest extent allowed by law for any direct, indirect, incidental, special or consequential injury or harm, death, loss or damages howsoever caused, arising from the use, misuse or consumption or application of any of our Products unless gross negligence can be proven in which case any claim lodged, shall not exceed the value of the total price of your order.
- TAXES, FEES & DUTIES
6.1 Any deliveries made in South Africa will include taxes and no additional taxes shall be payable on any orders.
6.2 Depending on geographical location when delivery is made (outside of South Africa), there may be fees, duties, import/export or excise taxes that apply and may be levied by your relevant state or local government. These charges are not included in the Products costs as published on our Website. It might be payable together with your Shipping charges depending on applicable geographical location.
6.3 If you fail to pay the required fees or duties, you will not be refunded by us. Should your package be returned to us due to your failure to pay duties & taxes, we will only refund you with a refund for the returned products minus delivery return costs.
- INTELLECTUAL PROPERTY OWNERSHIP
7.1 Except to the extent owned by our suppliers or licensors, we own all the Intellectual Property Rights subsisting on our Website, our Products and our Branding. Nothing on our Website grants you any rights or entitlement nor to sell any of our Products or Product Bundles to any third parties.
7.2 All rights, title and interest into our ownership of our intellectual property is reserved. It includes all rights conferred in terms of statute, common law or equity internationally and locally without limitation domain name, marks, logo’s, know how, user content on our website including reports, photographic images, graphics, designs or any other material published on our website.
- GOVERNING LAW
8.1 You may not access or use our Products for any purpose other than that for which it is intended and under no circumstances use or abuse it for commercial gain.
8.2 For all purposes in connection with this Terms and its associated Products, the laws of the Republic of South Africa shall apply. To the extent that any action relating to any dispute hereunder is permitted to be brought in a court of law, such action shall be subject to the exclusive jurisdiction of the courts of the Republic of South Africa.