Policies and Terms

WEBSITE PRIVACY POLICY

Living Skin is committed to protecting your privacy and developing technology that gives you the most powerful and safe online experience. This Statement of Privacy applies to the Living Skin Web site and governs data collection and usage. By using the Living Skin website, you consent to the data practices described in this statement.

By accessing and using the Website, You agree to be bound by the Terms set out in this legal notice. If You do not wish to be bound by these Terms, You may not access, display, use, download, or otherwise copy or distribute Content obtained at the Website.

Collection of your Personal Information

Living Skin collects personally identifiable information, such as your email address, name, home or work address or telephone number. Living Skin also collects anonymous demographic information, which is not unique to you, such as your postal code, age, gender, preferences, interests and favorites.

There is also information about your computer hardware and software that is automatically collected by Living Skin. This information can include your IP address, browser type, domain names, access times and referring Web site addresses. This information is used by Living Skin for the operation of the service, to maintain the quality of the service, and to provide general statistics regarding use of the Living Skin Website.

Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through Living Skin public message boards, this information may be collected and used by others. Note: Living Skin does not read any of your private online communications.

Comments/reviews made in relation to products sold on Living Skin’s website, or Living Skin Online Store may be automatically removed if classified by “Us” to be irrelevant, spam, mentions competitor or industry-related brand names (both brands we carry, or do not carry), or that could be considered intentionally damaging without core merit, as determined by “Us”. Comments/reviews may be unapproved if the reviewer “You'' make use of information deemed by “Us” to be false, contains incorrect spelling and grammar, offensive language, or is considered by “Us” to be of a tone or style of language that does not reflect the values and principles of our brands, or the Living Skin platform in general. Living Skin reserves the right to suspend user accounts or reviewing ability at any time, and at our discretion, based on the violation of any of its policies.

Testimonials & Marketing

We highly value the feedback of our clients. Any written testimonials submitted by way of our website or contact forms are appreciated. However, in strict compliance with the Protection of Personal Information Act (POPIA), we respect your privacy.

We will never use your actual name, photographs, or specific skin conditions to promote our services or products (whether on our website, email subscriber lists, or social media accounts) without obtaining your prior explicit, written consent. We may use fully anonymized feedback (where all identifying personal information has been removed) for marketing purposes.

Living Skin encourages you to review the privacy statements of Websites you choose to link to from Living Skin so that you can understand how those Websites collect, use and share your information. Living Skin is not responsible for the privacy statements or other content on Web sites outside of the Living Skin Website.

TERMS AND CONDITIONS

It is required that all new clients complete an online assessment before purchasing through our Online Skincare Store. Please take a moment to read the terms and conditions to understand how they apply to you and the use of our website as well as to any products you order through our Online Skincare Store.

The terms and conditions apply to all purchases through our Living Skin Online Store and by using this website or communicating with us by electronic means, you consent and acknowledge that any and all agreements, notices, disclosures or any other communication satisfies any legal requirements, including but not limited to the requirement that such communication should be in writing.

We may change, modify, add to or remove from portions or the whole of these Terms. Changes to these Terms will become effective when the changes are posted to this website. It is your obligation to periodically review these terms.

Registration

You are required to complete an online registration before placing any orders through the Online Skincare Store. Registration and/or use of our Living Skin Online Store constitutes your acceptance and agreement to be bound by the terms and conditions outlined.

To register as a user, you must provide a unique username and password and provide certain information and personal details to the Online Skincare Store. You will need to use your unique username and password to access the website in order to purchase anything. For security purposes you agree to enter the correct username and password whenever you place orders, failing which will be denied access. You agree that once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorized or fraudulent, you will be liable for payment of such order.

You agree to inform us immediately if you become aware of, or suspect any unauthorized access to or use of your username and password and to take steps to mitigate any resultant loss or harm.

The website may only be used by you if you are 18 years of age or older and of full legal capacity. If you are under the age of 18 years or if you are not legally permitted to enter into a binding agreement, then you may only use the website with the involvement and supervision of your parent or legal guardian.

Supplier of Goods or Service Details

Information of supplier of the goods: According to disclosure requirements of the Electronic Communications and Transactions Act (‘’ECTA’’), Act 25 of 2002.

  • Company Name: Living Skin (Pty) Ltd trading as Living Skin (supplier of goods and services)
  • Registration number: 2022/564237/07
  • Vat number: 9097054275
  • Physical address: 14 Coral Road, Pebble Beach Complex, Bloubergstrand, Cape Town.
  • Postal address: 14 Coral Road, Pebble Beach Complex, Bloubergstrand, Cape Town 7441.
  • Tel: 084 978 4195
  • Legal Service: Supplier will accept legal service at 14 Coral Road, Pebble Beach Complex, Bloubergstrand, Cape Town.
  • Main Business: The main business of Supplier is community, social and personal services.
  • Website: www.livingskin.co.za
  • Email: info@livingskin.co.za

Product Sales and Availability

All skin products displayed on our website are subject to availability and will either be delivered to you via courier or delivered to Living Skin Clinic, where you can collect your order. All prices shown on our website are quoted in South African Rands and are valid and effective only in the Republic of South Africa. We reserve the right to discontinue or change the specifications and/or prices of our skin products and services from time to time without notice.

We will inform you as soon as possible if any products or services ordered by you are not available. The services and products available on our website are for your personal use only. You may not sell or resell any of the services or products you receive from us.

Products Displayed

Skin products/supplements/shakes displayed on our website are for the purpose of indicating the range of products available and may in certain circumstances, vary in presentation and content from the actual skin products/supplements/shakes purchased. Comprehensive information about each skin product/supplement/shake purchased will be available on request and on the label. Packaging may vary from that shown on our website.

Pricing Policy

You will be charged the prices that are reflected online, subject to availability.

Loyalty Programmes and Members

Loyalty points and discounts will be awarded to online purchases when available. Loyalty Gift vouchers cannot be redeemed on the Online Skincare Store, but can only be redeemed in our physical clinic.

Assessment

The online skin assessment on this website does not replace a proper consultation with a skincare professional.

Methods of Payment

All orders are payable through the secure Yoco and Payfast online payment gateway which accepts Visa or MasterCard credit cards. Where payment is made by credit card, we may require additional information in order to authorize and/or verify the validity of payment. In such cases we reserve the right to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorization, your order for the products will be canceled. You warrant that you are fully authorized to use the credit card supplied for purposes of paying for the products. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the website.

Stock Availability

Whilst we endeavor to fulfill all orders, we cannot always guarantee that we will have stock. You will be notified if the Skin products/supplements/shakes you selected is/are out of stock.

Confirmation of Orders

Orders placed online constitute your offer to purchase subject to these terms. Your offer is deemed to have been accepted by us when you receive the Order Confirmation email. Failure by us to formally confirm or notify acceptance shall not affect the validity of the sale or the enforceability thereof.

Cancellation

If for any reason you would like to cancel an order, this may be done by emailing info@livingskin.co.za. Under ECTA, you may cancel your order at any time prior to dispatch, or within the 7-day cooling-off period after delivery (subject to our Returns Policy below).

Delivery / Collection

Courier:

  • Free delivery will apply for all Living Skin Online Store Purchases over R1500.
  • A courier charge will apply for purchases in the Living Skin Online Store with a basket value under R1500.
  • Subject to stock availability with suppliers and receipt of payment, purchases will be delivered within five business days of your order being confirmed for major areas and seven business days for outer lying areas.
  • The delivery address provided is the address we deliver to and we will not take responsibility for incorrect information provided or if you are not available to receive your parcel during business hours, from Monday to Friday.
  • We do not deliver to PO Boxes, should you live on a farm or rural area, your parcel will be delivered to the closest post office. In these circumstances, we will be in contact with you to arrange an alternative address.

Collection:

  • Subject to stock availability with suppliers and receipt of payment, collection can take place from our clinic, arrangements can be made by emailing info@livingskin.co.za.

Returns, Refunds, and Defective Products

We do our best to ensure that the products we deliver to you are of the highest quality. Please review our return policies below, which are drafted in accordance with the Electronic Communications and Transactions Act (ECTA) and the Consumer Protection Act (CPA).

1. Unopened and Unused Products (7-Day Cooling-Off Period) In terms of Section 44 of the ECTA, you have the right to cancel your online purchase within 7 days of receiving the delivery. If you no longer want the product, you may return it to our physical address at your own expense.

  • To qualify for a full monetary refund, the product must be strictly unopened, unused, and in its original, intact packaging (including the branded box).
  • Once we have inspected the returned product and confirmed it is in a resalable condition, a refund will be processed to the original payment method within 30 days. Original handling and courier costs are non-refundable.

2. Adverse Skin Reactions Some products (such as many anti-ageing creams) sold on our Website contain active ingredients. Many of these products can cause transient, mild irritation of the skin upon initial use. We recommend using these products no more than three times per week initially, gradually increasing to daily use.

  • If you experience a severe adverse skin reaction, this will naturally occur within the first few days of use. Therefore, you must notify us at info@livingskin.co.za within 7 days of receiving the product to report a severe reaction.
  • An experienced staff member will endeavor to resolve the issue. We reserve the right to request photographs of the reaction and/or require a consultation to assess the situation before authorizing a return or refund.
  • Please note: Skincare results vary from person to person. We absolutely do not offer refunds or returns on products that have been significantly used, emptied, or kept for extended periods under the claim that they "did not work" or did not yield the desired results.

3. Defective or Damaged Products In terms of the CPA, our products carry a 6-month implied warranty against genuine material defects (e.g., a broken pump mechanism, leaking container, or a spoiled batch).

  • If you receive a damaged product upon delivery, please contact us within 10 days of purchase and we will gladly replace the exact product at no additional cost to you, or credit your account if a replacement is unavailable.
  • If a product becomes defective within 6 months, please contact us. This warranty does not cover products that have been depleted through normal use, dropped, damaged by the user, or used contrary to the product instructions.

Non-Returnable Products

For hygiene, safety, and regulatory reasons, we do not offer exchanges, replacements, or refunds on the following products, unless they are proven to be materially defective:

  • Skin products that have been opened, unsealed, or used (excluding reported and verified severe adverse reactions within the first 7 days).
  • Any dietary supplements or shakes.
  • Products specified as non-returnable or not for resale.

Cookies

A cookie is a basic text file that is stored on your device (computer, mobile phone, tablet or other device) by a website’s server. Each cookie is unique to Your web browser and contains completely anonymous information such as a unique identifier and the website name. Our Website utilizes first and third party cookies. This enables Us to a) improve Your experience on the Website through various means such as storing preferences (like keeping You logged in) or determining aggregate usage behavior (time on site, number of pages viewed etc.) through web analytic tools like Google Analytics and b) provide more relevant display advertising to You, using third party tools such as the Google Analytics Remarketing. Most web browsers provide the option to block some or all cookie types should You wish to. You can also opt out of the Google Display Network using the Ads Preference Manager. As many of the Website’s features utilize cookies, we recommend that you do not block them.

Errors

We shall take all reasonable effort to accurately reflect the description, availability, purchase price and delivery charges of products on the website. Should there be any errors of any nature on the website, we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy.

Complaints and Disputes

Any complaints regarding the use of the website or the standard and quality of the product or products bought by you through the Living Skin Online Store should be directed to email address: info@livingskin.co.za

Fraud Prevention

Living Skin reserves the right to refuse, in the interest of fraud prevention, processing any payment for any order, and/or to cancel any purchase partially or completely, with notice given to you. Living Skin will be responsible for returning your funds for the canceled portion of the order, only if you have already paid such funds.

Copyright and Intellectual Property Rights

Content, information, “look and feel”, including but not limited to logos, trademarks, service marks, images, graphics, audio clips, software, data compilations, button icons and displays on the website is owned by us, our affiliates, partners, licensors or any third party owners of the rights and the content is protected by South Africa and international copyright laws, including laws governing copyright and trademarks. We may change, modify, add to or remove from portions or the whole of the website. Changes to the website will become effective when the changes are posted to this website.

Expanded Privacy Policy & POPIA Rights

We respect your privacy and will take all reasonable measures to protect it. Should you decide to register on our website we need personal information from you. We will only use your personal information for the following purposes:

  • In relation to ordering, sale and delivery of products.
  • To contact you regarding current or new services offered by us.
  • Inform you of special offers and promotions offered by us (unless you have indicated in the registration process that you do not want to receive any marketing material).
  • To improve your experience on our website.
  • To our supplier in order to liaise with you directly if such use or disclosure is required in order to comply with any applicable law, order of court or legal process served on us or to protect and defend our rights of property.

We undertake never to sell or make your personal information available to any third party other than as provided for in this policy, unless we are compelled to do so by law. In the event of fraudulent online payment, we reserve the right to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it. We cannot guarantee or accept any liability for unauthorized or unlawful disclosures of your personal information, whilst in our possession, unless such disclosure is as a result of our gross negligence.

Your Rights Under POPIA: In accordance with the Protection of Personal Information Act, you have the right to request access to, deletion of, or object to the processing of your personal information. To exercise these rights, please contact our designated Information Officer at info@livingskin.co.za.

Electronic Communications

You give consent to receiving communication from us when you visit the website or send emails to us in accordance with our privacy policy.

Disclaimer

The use of the website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the website or reliance on any information on the website. Although products sold from the website, under certain conditions may be under warranty, the website itself and all the information provided is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness or non-infringement, as may be allowed in law. We give no warranty or imply that the information or files available on the website are free of viruses, spyware, malware, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disable, harm, jeopardize or disrupt in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. This website may contain links or references to other websites (third parties) which are outside of our control, including those of advertisers. Notwithstanding the fact that the website may refer to or provide links to third party websites, your use of such third party websites are entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct or indirect arising from your use of such third party website or your reliance on your information contained thereon.

Jurisdiction

Your use of the website will constitute your consent and submission to the jurisdiction of the South Africa courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these terms and conditions.