Terms & Conditions

TERMS OF SERVICE           

 

OVERVIEW

This website is operated by Marble Skin Co (Pty) Ltd Reg No.  2020/470724/07 . Throughout the site, the terms “we”, “us” and “our” refer to Marble Skin Co (Pty) Ltd

Marble Skin Co offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us (“products”), you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Any reference to Service, will include the products, as the context may indicate.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools that are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products to you.

 

ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your area or province of residence. If you are under the age of 18 (eighteen) years,  you must obtain your parents’ or legal guardians’ advance authorisation, permission and consent to be bound by these Terms of Service before utilising any services offered on this site.

You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

This Website and/or the Services and products are supplied, are done so on an “as is” basis and has not been compiled or supplied to meet your individual requirements. It is your sole responsibility to satisfy yourself with the suitability of the Services and products prior to entering into these Terms and further that the Services and products available from us,  will meet your individual requirements.

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

 

GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit and debit card information is always encrypted during transfer by our third party provider(s) over networks. Terms of our third party payment providers apply.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service and products, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

Any products purchased outside of the advertised time frame set out by Marble Skin Co will not be eligible for the promotional price. Where there is no promotion period specified, the relevant promotion will end when it is discontinued on Marble Skin Co platforms. Marble Skin Co is not liable for compensating any current promotional price that has been missed by you at Check Out.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

The products listed on this website may have limited quantities and are subject to return or exchange only according to our Return Policy.

 

PRODUCT AVAILABILITY

Marble Skin Co will attempt to make the product and quantities advertised on this site available at all times. However this cannot always be guaranteed and Marble Skin Co will not be liable for any products that are not available at the time of your checkout. The customer will be notified as soon as possible when this occurs and advised on what to do to solve this problem.

 

PRODUCTS TERMS OF USE 

This website is not a substitute for professional medical advice, however we do advise to consult your physician before the purchase of any products listed. Your physician should address any concerns, medical questions and queries regarding the possible treatment of any medical condition. Marble Skin Co does not, and is not, able to give or intend to give any answers to your medical related questions. This website does not replace any medical professional resource.

Marble Skin Co does not represent themselves as a doctor/physician and nor is this implied. Hair reduction results from the products will vary from person to person and will be different depending on the skin tone, hair colour, and the number of times it is being used. Marble Skin Co does not guarantee the results of the products. The products are not suitable for dark toned skin. IPL treatment for hair removal relies on melanin in the hair absorbing the light energy, and therefore is most effective on lighted-skin dark-haired individuals. The product is not effective on very light, red or grey coloured hair.

By placing an order through Marble Skin Co you accept all risks associated with the product. You agree that Marble Skin Co will not be held liable for any unexpected results, or complications that may arise as result of the product.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product made on this site is void where prohibited.

We do not warrant that the quality of any products, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

You hereby agree to indemnify and hold Marble Skin Co harmless from and against any claims, demands, liabilities or expenses for any injury or damage, including but not limited to, any personal or bodily injury or tangible property damage, arising out of or resulting in any way from any alleged defects in the material, workmanship, or performance of the products, Services or any other alleged act or omission of Marble Skin Co.  In the event that Marble Skin Co is, despite the provisions of this clause, found by a court of law with competent jurisdiction to be liable for any loss or damage to you, Marble Skin Co’s liability will be limited to the maximum amount of the price of the product at the time of purchase.

  

SHIPPING RATES, TERMS AND TIME-FRAMES

Shipping charges may apply within South Africa.

Shipping to other destinations is subject to quotation.

*Shipping times are subject to stock availability and exclude clearance/customs delays.

General Shipping within South Africa 3-5 days.

Should you wish to return an IPL Device, the cost is incured by the customer.

Should you wish to pay in the difference for a more expensive device and swap your existing device out, a shipping fee will be charged.

All return costs are to be covered by the customer via Courier ONLY as we do not allow customers to drop off and we do not collect.

HANDLING

All orders will be dispatched from our warehouse within 2 business days when stock is available, otherwise orders will be dispatched 2 business days from arrival into our warehouse.

All shipped orders come with tracking numbers which will be communicated to you for your own tracking. We are not responsible for delays, lost or damaged shipments or orders sent to incorrect, invalid addresses or correct addresses. Marble Skin Co will help as much as possible to trace a missing parcel. Marble Skin Co is not responsible for refunds of shipping costs in the event of delayed shipping due to product availability. 

IPL TREATMENT

IPL stands for Intense Pulsed Light, and is a safe and non-radiating light wave, targeting the melanin in the hair follicle by converting light to heat to target the hair follicle. because of this energy conversion, a small percentage of customers may experience some redness or light swelling after a treatment, however this should subside within a few days. customers may also experience some brown marks which darken and then fade after a few days too. We recommend using a high quality moisturizer or Aloe Vera gel after every treatment.

We do not take responsibility for any 'normal' damages from the device ranging from light swelling and redness to brown marks as these are all temporary.

 

WARRANTY, REFUNDS AND RETURNS

WARRANTY ( APPLIES ONLY TO IPL DEVICES):

All claims on warranty, refunds and returns are subject to orders received online and through manual payment. The warranty only applies for IPL Devices purchased from Marble Skin Co.

Results for IPL devices will vary greatly from person to person, due to several factors including; skin tone, hair colour, hair growth cycles, frequency of use, and the way your body responds to IPL. We here at Marble Skin Co do not guarantee the same results for everyone. 

MARBLE SKIN CO. warrants to the original purchases that for a period of 6 months from date of purchase that the IPL device is free from defect under normal domestic use, both in workmanship and material subject to the following exclusions:

• Misuse of hardware, breakages scratches or chips due to wear and tear or neglect,
• Incorrect adjustment/repair by any unauthorised person/s,
• Water damage, fire damage or any act of GOD,
• Theft or loss,
• Commercial use

MARBLE SKIN CO. will only cover the machine if there are internal malfunctions such as pulse light not flashing, a fan error, or machine not switching on.

• All of our machines are tested at the factory prior to dispatch.
• The customer must contact Marble Skin Co. at info@marbleskinco.co.za for approval prior to lodging a warranty claim.
• Proof of purchase with the order number must be sent to use with the packaging or the box intact.
• The physical condition of the product is taken into account before any warranty decisions are made, especially within the first 6 months from purchase date.
• The customer must make arrangements and pay for the device to be shipped to us. Marble Skin Co will not reimburse or cover costs to return the device to us.

The device will be inspected and tested first before we decide to replace it with a new one.

In the event of a warranty claim being settled, the replacement device will be the same model as the device which was returned.

There is no warranty on the replacement device sent out.

CANCELLATIONS:

Should you wish to return the device to us because you have changed your mind, you can do so within 5 days of the delivery date, subject to the following conditions:

• The plastic seal has not been broken and is in its original state
  
• The box has not been opened

Due to hygiene reasons and Covid-19 we will not process any refunds if the plastic seal has been broken or if the box has been opened.

It is the responsibility of the customer to return the device to us and bear the cost thereof. Marble Skin Co will not refund this cost.

If your return parcel is lost, stolen, destroyed, or damaged in transit, the refund will not be processed.

GENERAL RETURNS:

Marble Skin Co accept returns on products after 14 days from the date it has been delivered to the customer. We do NOT accept returns on Brush racks, Collagen, ALYA SKIN, Spatulas, Brush Covers, Kabuki Brushes, used Marshmallow Sponge Range ( round shape, point cuts, minis or 4 packs), Kessa Gloves or our entire LipGloss Range, PlumpIT serums, SlickSticks, Wrist Scrunchies.

 

We will only accept returns on faulty IPL Devices, faulty Period Pain Belts and faulty Hair Erasers if there are any. All of these products must be returned to us in its original packaging and without scratches, breakage, chips etc or any other physical fault which would indicate that it has been misused, mishandled, dropped or damaged by the customer.

REFUSED DELIVERIES:

If you refuse to accept delivery of your order and it has to be delivered back to our offices/warehouse, you will be charged a delivery fee of R150.00 before it is sent out to you again.

We do not accept collections and work strictly through courier services.

 

ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

 

OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

 

 

THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, progress images, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

 

 

PERSONAL INFORMATION

Our Privacy Policy governs your submission of personal information through the store. Click to view our Privacy Policy.

 

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

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.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

On no case shall Marble Skin Co, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Our liability shall be limited to the maximum extent permitted by law.

 

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Marble Skin Co and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

SEVERABILITY

In the event that 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.

 

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service 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 of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of South Africa.

 

CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

CONTACT INFORMATION

You can contact our team at Marble Skin Co at info@marbleskinco.co.za for any enquiries.

 

PRIVACY POLICY

Click Here for Privacy Policy