1. Your Consent

By using this Website www.neicha.co.za 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 requirement, including but not limited to the requirement that such communications should be in writing.

 

  1. Products and Services for Personal Use

The services and products, and any samples thereof, available on the Website are for Your Professional use only. You may not sell or resell any of the services, products or samples you receive from Us, unless it’s an aftercare products. If, in Our sole discretion, We believe that any order to be filled or products or services to be provided to You may result in the violation of these Terms, We reserve the right, with or without notice, to cancel or reduce the quantity thereof.

 

  1. Payment

Payment may be made by Visa, Mastercard, Diner’s Club, Amex and Maestro credit cards or by bank transfer/ cash deposits into our bank account, the details of which will be provided at check-out. The payment system allows for review, corrections and withdrawal by You prior to placing a final order.

 

  1. Delivery Policy

4.1. Subject to stock availability with suppliers and receipt of payment, requests will be processed within 24 working hours and handed over to a courier company for delivery. Delivery is free for order in excess of R1500 and a flat courier fee of R80 applies to orders below R1500. 

4.2. We will supply all goods to the delivery company in good order and will ensure that goods arrive at Your chosen delivery address in the same good order. 

4.3. Delivery times vary. On average customers can expect deliveries to metropolitan area addresses ie. Cape Town, Johannesburg, George, Port Elizabeth, Durban, Bloemfontein & Pretoria within 1-3 business days. Outlying areas expect delivery in 3-4 business days. 

 

  1. Defective Goods, Adverse Reactions and Returns or Refund Policy

5.1. Subject to s56 of the Consumer Protection Act No. 68 of 2008, (“the CPA”), if You have received a product from Us and found that the container (either plastic or glass), is defective or leaking, or if the pump or nozzle mechanism is defective, please contact our Customer Care via email info@neicha.co.za within 7 days of purchase and we will gladly collect the product at Our own expense and provide You with a refund, replacement or store credit. Products stated faulty will be tested  by us to confirm the fault.

5.2. Upon delivery, if You no longer want the product You have ordered, you may return it to our physical address within 5 days at Your own expense. If the product is unopened and the original packaging is still intact, We will provide You with a store credit or refund excluding the shipping charges.

Subject to Section 56 of the CPA , the above clauses in paragraph 5 are subject to the following reasonable guidelines:

.Products must have been purchased directly from Us. We cannot accept returns of products purchased from other retail outlets. Please return those to the store where purchased.

. Products must be returned within 10 days of order date.

. Please include a copy of your receipt (or a note with your order #, name, email address and phone number) and your reason for returning the product(s).

.We cannot accept returns or issue refunds on Used lash trays, unsealed  products, unless its defective.

.Original shipping and handling charges are non-refundable (if applicable).

.Products specified as non-returnable or not for resale cannot be returned.

5.3. Please send any products for return or exchange to:

Neicha Lashes

Attention: Irina 0795299026

34 Harris avenue

Edenglen 1613

Johannesburg

South Africa 

 

 

 

  1. Your Obligations and Responsibilities

6.1You agree to comply with these Terms and any special warnings or instructions for access or use posted on the Website. You agree to always act in accordance with the law, custom and in good faith. You may not change or alter the Website or any Content or services that appear on the Website and You may not, in any way, impair the integrity or operation of the Website. Without limiting the generality of any other provision of these Terms, you are liable for any and all losses and damages caused to Us, our affiliates, subsidiaries, partners or licensors, by your negligent or wilful default of any of the obligations contained in these Terms.

6.2We do not offer products or services to Minors/ Unqualified lash artists. If you are under the age of 18 / don’t have certificate in Lash education you may not act upon any offers on the Website.

6.3We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

6.4. Your license is automatically cancelled (without prejudice to any other remedy provided by applicable law or these Terms) if You do not get Our express, written permission before using this Website in a way these Terms do not allow, and We may cancel Your license at any time for any reason.

 

  1. Limitation of Liability and Indemnification

7.1. Our Website provides professional eyelash extensions supplies and skin related care products for sale. The use of any product bought from this Website is at Your risk. You and any other users indemnify Us, our affiliates and subsidiaries and hold Us, our affiliates and subsidiaries harmless against any loss, injury or damages which may be sustained as a result of using the products sold on the Website.

7.2. We attempt to be as accurate as possible when describing our products on the Website. However, to the extent permitted by applicable law, we do not warrant that the product descriptions, colours, information or other content available on this Website are accurate, complete, reliable, current, or error-free.

7.3. USE OF THE WEBSITE IS AT YOUR SOLE RESPONSIBILITY AND RISK. THIS WEBSITE IS PRESENTED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, NO LATENT DEFECTS, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT AND TITLE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. DESPITE ANY WARRANTY WE MAY GIVE, WE WILL NOT BE LIABLE FOR ANY DEFECT ARISING FROM YOUR NEGLIGENCE, FAILURE TO FOLLOW INSTRUCTIONS (WHETHER ORAL OR IN WRITING) OR MISUSE. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF THE FORM IN WHICH ANY LEGAL ACTION MAY BE BROUGHT (WHETHER IN CONTRACT, DELICT (INCLUDING NEGLIGENCE) OR OTHERWISE), OUR MAXIMUM AGGREGATE LIABILITY FOR DIRECT DAMAGES FOR ANYTHING GIVING RISE TO LEGAL ACTION WILL NOT EXCEED ONE THOUSAND RAND. FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL LOSS OR DAMAGE (WHETHER FORESEEABLE OR UNFORESEEABLE) OF ANY KIND WHATSOEVER AND HOWSOEVER CAUSED (INCLUDING (a) LOST PROFITS, (b) INTERRUPTION OF BUSINESS; (c) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THIS WEBSITE; (d) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (e) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF THIRD PARTY LINKS; (f) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THIS SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES (g) ANY INACCURACIES OR OMISSIONS IN CONTENT OR (h) EVENTS BEYOND OUR REASONABLE CONTROL. YOU AGREE THAT NO CLAIMS OR ACTIONS ARISING OUT OF, OR RELATED TO, THE USE OF THIS WEBSITE OR THESE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE.

7.4. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD US 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 THIS SITE OR BREACH OF THESE TERMS. YOU ALSO AGREE TO INDEMNIFY US FOR ANY LOSSES, 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.

 

  1. Privacy, access to and use of information

8.1. We receive various types of information (“Information”) from You when You access the Website, including personal information as detailed in the Promotion of Access to Information Act (“PAIA”), Act 2 of 2000, and as detailed in section 1 of ECTA (“Personal Information”).

8.2. We may electronically collect, store and use Personal Information, including but not limited to name, contact details, surfing patterns, email, IP address.

8.3. Whenever You are of the opinion that We fail to comply with section 51 of ECTA, You will contact Us by sending an email to info@neicha.co.za. We will review Your representation made by email and, if within Our sole and absolute discretion deemed advisable, take corrective action and in any event within 14 days respond to You informing about corrective action taken, if any.

8.4. Interception of communications.

Despite such undertaking, it is possible for Internet-based communications to be intercepted.

8.5. To ensure acquaintance with and awareness of Our privacy measures and policies, You are urged to take care to read and understand the underlying privacy clauses incorporated in these Terms.

 

  1. Privacy – casual surfing

9.1. You may visit the Website without providing any personal information.

9.2. You accordingly grant express written permission for the Website servers in such instances to collect the IP address of your computer, but not the email address or any other distinguishing information.

9.3. This information is aggregated to measure the number of visits, average time spend at the Website, pages viewed, etc.

9.4. We use this information to determine use of the Website, and to improve content.

9.5. We assume no obligation to protect this information, and may copy, distribute or otherwise use the information.

 

  1. Privacy – solicited information You give to Us and Credit Card Security

10.1. We require certain Personal Information necessary to process transaction if You require any of Our products or services.

10.2. We receive and store all Information, including Personal Information that You enter on the Website or give to Us in any other way. You may choose not to provide certain Personal Information, but that may limit the services or products that You may wish to obtain from Us.

10.3. We provide Our products and services in conjunction with Our affiliates and subsidiaries. In this regard, and unless specifically restricted by You from the license below, You, when entering into the specific transactions in question, grant in writing to the Owners and Us a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such Information throughout the world in any media.

10.4. Your Information, that is required by affiliates and subsidiaries to give effect to transactions that You choose to enter into, is shared with those entities.

10.5. The private information required for executing the orders placed through the e-commerce facility, namely Your personal information, credit card details, delivery address and telephone numbers will be kept in the strictest confidence by Us and not sold or made known to third parties. Only the necessary information, that is the delivery address and contact phone number, will be made know to third parties delivering the product.

10.6. Credit card transaction will be acquired for Us via approved payment gateways.  No credit card details are stored on our servers or Website.

10.7. Customers will always have to manually input their CVC number and complete 3D secure (usually through the use of a One Time Password, depending on your bank) to complete payment in these instances.

10.8. We undertake that we have taken all reasonable precautions to secure the credit card processing that is carried out to receive payments for goods sold. We cannot be held liable for security breaches occurring on Your electronic device (personal computer or other electronic device used to access the Website), which may result due to the lack of adequate virus protection software or spyware that You may inadvertently have installed on Your device, or due to any other security breaches that occur notwithstanding the reasonable precautions we have taken.

 

 

 

  1. Loyalty Program- points

11.1. You have to be a registered as Neicha Lashes member in order to earn Points. Point discounts can only be applied upon  successful checkout at www.neicha.co.za. Points can only be earned after a first time purchase on www.neicha.co.za

11.2. Points are rounded total spending on our website. From your first purchase you will receive the discount code to be used at your next checkouts with us, once you reached next level of our Loyalty program, we will update you with new code.

Level 1 from first purchase to R3 000- 3%

Level 2 from R3 000 to R10 000- 5%

Level 3 from R10 000 and up - 7.5%

 

11.3. Operational Rights & Privileges 

Neicha Lashes reserves the right to manually adjust Points in the instance of a system calculation error in the earning or redemption of points. Reserves the right to determine or edit Points system redemption ratio in rand value terms, at whatever stage, without prior notification to the Points holder “You”. 

 

  1. User Comments / Product Reviews

Matryoshka (Pty) Ltd  t/a Neicha Lashes and it’s owners “Us” reserve the right to disapprove, remove or delete any comments or product reviews at anytime of our discretion if made by “You” on Facebook, Google when the comment is classified by “Us” to be irrelevant, spam, marketing content or intentionally damaging to the associated brand without merit or proof of the opinion. Matryoshka (Pty) Ltd and it’s owners “Us” reserve the right to disapprove or remove comments or product reviews made by “You” that have since been resolved or had the opinion proven to be inaccurate or false, either in written or verbal follow up correspondence and proof of resolve can be made available to both parties “You” and “Us” 

 

  1. Contact Details

In the event that you need to contact Us for purposes related to these Terms and Conditions, please use the following:

Telephone: 0795299026

Email: info@neicha.co.za

 

  1. Black Friday Sales

Items already marked down or on sale, do not qualify for use of the Black Friday discount code. 

Black Friday offers can’t be adjusted, amended or extended.

Only one discount or voucher code can be used per order.

Our support will be open to all orders and payment related queries on phone 0795299026 or email to info@neicha.co.za. All items that are on promotion (applies to when a promotional code is used) cannot be refunded for cash. The customer is liable for all return courier fees where a product was incorrectly ordered, not wanted anymore or an exchange is requested. Returned items need to be unused/unopened before a store credit is passed.