Terms of service
SATTVA INVESTMENTS (PTY) LIMITED (exclusive Distributor of MARUVA NATURALS products in South Africa)
TERMS OF SERVICE
Sattva Investments (2022/419692/07) is the exclusive distributor of Maruva Naturals products in South Africa only and is not in any way owned by or a subsidiary of the company, Maruva Cosmeceuticals Pvt (U85121DL2006PTC154959).
This website (“the website”) is operated by Sattva Investments. Sattva Investments offers this website, including all information, tools and services available from the website to the user (“you”) subject to the following Terms of Service, our Privacy Policy, Shipping policy; Returns and Refunds policy; and other terms, conditions and/or policies which you may find throughout this website related to certain functionality, features or promotions as well as customer services, all of which are deemed to be a part of and included within these terms and conditions (collectively, “Terms and Conditions”), as updated from time to time without notice. By accessing or using this website, you are acknowledging that you have read, understood, and agree, without limitation or qualification, to be bound by these Terms and Conditions in this Agreement. If you disagree with these Terms or any part of these Terms, you must not access or use this website.
1. General
You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between us concerning your use of the website, and supersede all prior proposals, agreements, or other communications.
These Terms and Conditions may be amended at any time without notice to you, and it is your responsibility to monitor this website for any changes to these Terms and Conditions. Any changes are effective immediately upon posting to the website. Your continued use of the website thereafter constitutes your agreement to all such changed Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the website. We will not be liable if for any reason this website is unavailable at any time or for any period.
Shopify Inc. provides the e-commerce platform that we use to sell our products and services to you.
2. Products and Services for Personal Use
The products and services described on the website, and any samples thereof which we may provide to you, are for personal use only. You may not sell or resell any of the products or services, or samples thereof that you receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.
3. Accuracy of Information
We make every attempt to be as accurate as possible when describing our products on the website. However, except to the extent implied by applicable law, we do not warrant that the product descriptions, colours, information or other content available on the website are accurate, complete, reliable, current, or error-free.
4. Buying online on the website and payment policy
To make a purchase from the website or to subscribe to the website you must be at least 18 years of age. If you are under 18 years of age, you need to have obtained the consent of a parent or guardian. All purchases are to be made for personal use only. You must not make purchases for any commercial purpose.
We have partnered with PayFast, an online purchase processing service provider and all purchases from the website can only be made using the following secure online payment forms which are facilitated through PayFast:
- Visa or Mastercard cheque or credit cards;
- Instant EFT;
- Zapper – a QR code app – refer to the link to the Zapper website for more information https://www.zapper.com/
- Mobicred – refer to the link to the Mobicred website for more information https://mobicred.co.za/
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the website. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transaction and contact you as needed. All payments are to be made in ZAR.
We may collect data necessary to process your payment if you make purchases, such as your payment instrument number (for example, a credit card number), and the security code associated with your payment instrument. We do not store any financial information. All payment data is stored by PayFast. You may find their privacy notice in the link here:
https://www.payfast.co.za/privacy-policy
We reserve the right to refuse to fulfil or cancel any order; including those that it considers to be a bulk order, fraudulent, not for personal use or otherwise do not comply with these Terms and Conditions.
When you place an order, you will receive an email confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. Acceptance of the order and completion of the sale will not occur until your payment has been received by us.
We reserve the right to withdraw any product from sale at any time without notice for any reason.
5. Pricing and Availability
We strive to ensure that all details, descriptions and prices which appear on the website are accurate, however typographical and/or other errors may occur from time to time which we will correct without notice. If we discover an error or are unable to fulfil your order, we will attempt to contact you and cancel the order and you will receive a full refund in the form of the original payment method. If payment was made using a credit card that card issuer controls the timing of the refund.
Prices are in South African Rand’s (ZAR) and delivery costs are charged and displayed in addition to the cost of the item(s). We reserve the right to alter prices at any time for any reason.
We reserve the right to refuse to fill any orders that you may place based on incorrect information on the website or withdraw any product from sale without notice, for any reason.
All products and offers shown on the website are subject to availability at the advertised price. We cannot guarantee that your preferred product will be in stock when you order from the website.
Dispatch times may vary according to availability and we take no responsibility for any delays in delivery.
Title and risk in a product purchased from the website passes to you once we have received full payment for the product and the product has been dispatched from our warehousing partner.
6. Shipping policy
To ensure an efficient order to delivery process and that you receive your products as quickly as possible, we have partnered with Parcel iT to manage our warehousing and e-commerce fulfilment functions.
Our shipping policy can be viewed at the link below:
7. Returns and Refunds policy
Returns and refunds are governed through our Returns and Refunds policy which is available to view at the link below:
8. Personal information
Your submission of personal information through the website is governed by our Privacy Policy which is available to view at the link below:
9. Special features, promotions, social media campaigns, and competitions
We may periodically offer special features, promotions, social media campaigns, competitions and other offers (collectively, “promotions”) which may (a) be subject to terms of use, rules and/or policies in addition to or instead of these Terms and Conditions; and (b) be offered by us or by third parties. If additional or different Terms and Conditions apply, we will notify you of this and if you choose to take advantage of these offers, you agree that your use of those promotions will be subject to such additional or separate terms of use, rules and/or policies.
All promotions are for a limited time only and while stocks last and at prices marked. All promotions are non-transferable and are not redeemable for cash. Should an item that is discounted as a result of promotions be returned, and the return application accepted, refunds will be made at the paid discounted price and not the original full price. Unless otherwise stated, promotions may not be used in conjunction with other discounts or offers / promotions.
You may not transfer, assign, sell, trade or barter any prize, premium of other benefit you receive through a promotion. Any prize, premium or other benefit is awarded “as is” without any express or implied warranty or guarantee from us, including implied warranties of merchantability, fitness for a particular purpose and non-infringement. Prizes; gifts and giveaways cannot be transferred; exchanged for cash; or returned.
We reserve the right to modify, terminate or suspend the availability of Promotions and to correct errors or inconsistencies in Promotion-related materials without notice. We may disqualify any individual who we believe is undermining the legitimate operation of a promotion.
By participating in a promotion, you agree to release us from any and all liability, loss or damage arising from or in connection with participation in any promotion-related activity or the receipt, use or misuse of any prize or premium that you may receive.
In line with regulations that govern promotional competitions, other than a reasonable cost of transmitting an entry form to us, we will not require any participant in any promotional competition that we run to pay consideration to partake in the competition. Specific promotional competition rules will be prepared and communicated before the competition is run on the relevant channel that the promotional competition is being featured on, for example, the website or our various social media accounts. In addition, the steps required by a person to accept the offer or to participate in the promotional competition; the basis on which the results of the competition will be determined; the closing date of the promotional competition; and the medium through which the results of the promotional competition will be made known will be communicated to prospective participants. These promotional competition rules will be available to the National Consumer Commission and to any participant on request and without cost and a copy of the competition rules will be retained for the required period after the end of the promotional competition.
Promotional competition prizes will not be awarded to a winner if it is unlawful to supply those products or services to that prize winner; or to any director, employee, agent of ours. If the winner does not meet any one of the entry requirements, the judges reserve the right to award the prize to a runner-up. We reserve the right to substitute the gift or prize with another item with the same value. Unless otherwise specified, only submissions or entries from South Africa are allowed and winners need to live in South Africa. The judges’ decision is final and no correspondence will be entered into. Allow two months for delivery of prizes from winners’ announcement. If we cannot contact a winner after two attempts on their chosen contact method, the prize will be forfeited and a new winner will be chosen. You may enter a competition as many times as you like, unless stated otherwise. Entry signifies acceptance of these rules; Terms and Conditions; and the terms contained in section 17 Representations; Warranties and Limitation of Liability in this policy. Please refer to our Shipping Policy for the terms that govern shipping of gifts or prizes. Please ensure that the correct shipping details are supplied to us as we cannot be held responsible for incorrect shipping details. Prize winners will incur shipping costs if incorrect details are supplied to us.
Unless otherwise specified, winners will be selected by a randomiser from a pool of entrants who meet the competition requirements and the terms and conditions noted above.
You may contact us at info@maruvanaturals.co.za if you have any questions with respect to promotions.
10. Digital Gift cards Terms and Conditions
Purchase of gift cards constitutes acceptance of Terms and Conditions. In case of any dispute, the decision of Sattva Investments is final.
Digital gift cards are valid for three years from the date of purchasing. Any unused balance shall be automatically forfeited upon the expiring date.
Gift cards can only be used for online purchases on www.maruvanaturals.coza. Gift card can be used in conjunction with other ongoing discounts or promotional offers. Gift cards are non-refundable or exchangeable to cash. This gift card can be use in multiple purchases. Unused credit amounts on the gift card can be used in subsequent purchases.
A replacement may be provided if the gift card is lost, stolen or damaged. Contact us on info@maruvanaturals.co.za.
Gift cards are delivered by email. Our gift cards have no additional processing fees.
11. Discount or promotional codes
You may only use one discount or promotional code with each order. We reserve the right to reject or cancel any orders where you add more than one discount or promotional code to the cart. We allow you to use discount or promotional codes strictly on the terms and conditions upon which they were issued which, amongst other things, may include terms relating to your eligibility to use them and a minimum order value. If there is a conflict between the terms for a promotions and offers and these Terms and Conditions, the promotions and offers terms will govern.
We reserve the right to issue or retract any discount or promotional codes at any given time, without consent and details. Discount and promotional codes are redeemable only within the stipulated period and cannot be redeemed thereafter. Discount or promotional codes will be limited to one per person and cannot be redeemed for cash. Discount and promotional codes are to be used upon checking out on the website.
12. Pre-launch sales offers
From time to time prior to launching new product, we may allow a limited quantity of these products to be launched to be purchased on a pre-launch basis. We will endeavour to ensure that products purchased pre-launch will be delivered to the purchaser within 30 working days of their order being placed. We will communicate with the purchaser if we anticipate delays in delivering the product within the 30 working days expectation.
Whilst we will make every attempt to be as accurate as possible when describing products that are offered for pre-launch sales on the website, we do not warrant that the product descriptions, colours, information or other content available on the website are accurate, complete, reliable, current, or error-free.
13. Delays and events beyond our control
We will not be responsible to you for any delay or failure to comply with our obligations under these Terms and Conditions if the delay or failure arises from any cause beyond our reasonable control. If our supply of the products is delayed by an event outside our control then we will contact you to let you know. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
14. Intellectual Property
Except as required under applicable law, neither the content nor any portion of this website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent.
The materials, images and content displayed on this website are the property of Maruva Naturals / Sattva Investments and are protected by copyright, trade mark and other intellectual property laws. You may store, print and display the content supplied solely for your own personal use.
Save for the above, Sattva Investments does not grant any license or right in, or assign all or part of, its intellectual property rights in the content or applications incorporated into this website or in the user interface of this website.
Any material you post, send to us on or via the website will be deemed to be non-confidential and non-proprietary. This includes any data, questions, comments, suggestions, reviews, ideas or other information. We will be entitled to use such material for any purpose without compensation to you and you. All intellectual property rights (including copyright) in the material you post or send to us via the website vest solely and completely in Sattva Investments and you assign all right, title and interest to Sattva Investments.
15. Indemnification
You agree to defend, indemnify and hold us, our affiliates, partners, officers, suppliers, service providers, and employees harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third-party claim, action, or demand resulting from your use of Maruva Naturals products or breach of these Terms and Conditions or the documents and other policies that these Terms and Conditions incorporate by reference, or your violation of any law or the rights of a third-party.
You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
16. Severability
If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
17. Representations; Warranties and Limitation of Liability
The website is presented “As Is”. We make no representations or warranties of any kind whatsoever, express or implied, in connection with these terms and conditions or the site, including but not limited to warranties of merchantability, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable.
You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort (including negligence) or otherwise), under any circumstances, for any (a) interruption of business; (b) access delays or access interruptions to the website; (c) data non-delivery, incorrect delivery, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of off-website links on the website; (e) computer viruses, system failures or malfunctions which may occur in connection with your use of the site, including during hyperlink to or from third party websites (f) any inaccuracies or omissions in content or (g) events beyond our reasonable control.
Maruva Naturals’ personal care products are based on natural formulations. Though enormous efforts are made and precautions taken to render the products absolutely safe for human use, it is possible that certain ingredients may cause allergic reactions to certain individuals or adversely affect individuals with pre-existing medical conditions. Please make yourself aware of the ingredients and usage instructions accompanying each of our products to make sure that they are safe for you to use. It will be your sole responsibility to take proper precaution/professional medical/dermatological advice before using any of our personal care products that you may be allergic to. You agree that we will not be responsible or liable for any product related issues including without limitation any allergic reactions to you on account of usage of our products. For any purchases made through the website, you will, inter alia, be governed by the limitation of liability and disclaimer conditions provided in more detail with the product packaging/leaflets.
Further, to the fullest extent permitted by law, we will not be liable for any indirect, special, punitive, incidental, or consequential damages of any kind (including lost profits) related to the website or your use thereof regardless of the form of action whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages.
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
18. Third Party Links
We are not responsible for the content of any off-website pages or any other websites linked to or from the website. Links appearing on the website are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating these pages/sites and we do not warrant the offerings of, the same, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
19. Entire agreement
The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms and Conditions and any policies or operating rules posted by us on this site or in respect of the sale of our products constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).
Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
20. Governing law
These Terms and Conditions and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of South Africa.
21. Submissions
Any inquiries, feedback, suggestions, ideas or other information you provide us (collectively, “Submissions”) will be treated as non-proprietary and non-confidential. Subject to the terms of our Privacy Policy. By transmitting or posting any Submission, you hereby grant us the right to copy, use, reproduce, modify, adapt, translate, publish, license, distribute, sell or assign the Submission in any way as we see fit, including but not limited to copying in whole or in part, creating derivative works from, distributing and displaying any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works, or using the Submission within or in connection with our products or services. You also acknowledge that your Submission will not be returned and we may use your Submission, and any ideas, concepts or know how contained therein, without remuneration or payment of money or any other form of consideration, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.
If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam”. You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission.
22. User Content
When you transmit, upload, post, e-mail or otherwise make available data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials (“User Content”) on the website, you are entirely responsible for such User Content. Such User Content constitutes a Submission under the section. This means that all third parties, and not we, are entirely responsible for all User Content that they post to the website. You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing or otherwise making available on the website User Content that (a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) you do not have a right to make available under any law or under contractual or fiduciary relationships; (c) is known by you to be false, inaccurate or misleading; (d) you were compensated for or granted any consideration by any third party; or (e) infringes any patent, trademark, trade secret, copyright or other proprietary and/or intellectual property rights of any party. In addition, you agree not to transmit, upload, post, e-mail, or otherwise make available any software viruses, unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of “spam”. You further agree not to (i) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity; (ii) “stalk” or otherwise harass including advocating harassment of another, entrap or harm any third party including harming minors in any way; (iii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content; (iv) intentionally or unintentionally violate any applicable local, state, national or international law; or (v) collect or store personally identifiable data about other users.
We do not endorse or control the User Content transmitted or posted on the website and therefore, we do not guarantee the accuracy, integrity or quality of User Content. You understand that by using this website, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will we be liable in any way for any User Content, including, without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the website.
You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse to post or remove any User Content and we reserve the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, we have the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable and we reserve the right to refuse service without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.
Any unauthorised use by you of the website or any and/or all of our Content automatically terminates the limited licenses set forth in this Section without prejudice to any other remedy provided by applicable law or these Terms and Conditions.
23. Complaints and questions
Any queries, complaints or questions about the Terms and Conditions can be sent to us at info@maruvanaturals.co.za. Our customer care team is available Monday – Friday between 8am - 5pm.