Placecol Terms & Conditions

Except as otherwise agreed in writing, all online purchases and transactions for the supply of the Products by Placecol Fresh Beauty (Pty) Limited (“Placecol Fresh Beauty”) shall be subject to these standard terms and conditions of sale, including the Policies (collectively, the "Terms and Conditions"), as well as the Placecol Fresh Beauty Website Terms and Conditions. These terms and conditions will be subject to the CPA and the National Credit Act, to the extent that they are applicable to the supply of any Products by Placecol Fresh Beauty.

1. DEFINITIONS

   1. "Affiliate" means any person, firm or corporation which is a subsidiary, or a holding company or a subsidiary of the holding company of Placecol Fresh Beauty or the successor to Placecol Fresh Beauty by a merger or by a transfer of a substantial amount of Placecol Fresh Beauty 's assets;
   2. "CPA" shall mean the Consumer Protection Act 68 of 2008;
   3. "Credit Act" shall mean the National Credit Act 34 of 2005;
   4. "Customer" shall mean the person, natural or otherwise, who purchases the Products or Gift Voucher from Placecol Fresh Beauty under these Terms and Conditions and shall include any ultimate end user of the Products;
   5. "Placecol Fresh Beauty " shall mean Placecol Fresh Beauty (Pty) Ltd, all Affiliates and all trading divisions and outlets thereof;
   6. "On-Line Portal" means purchases made though the online sales platform currently available at www.placecol.com;
   7. "Policies" means the various Placecol Fresh Beauty  policies which form part of these Terms and Conditions and which may be updated from time to time;
   8. "Product/s" shall mean all products presently being sold or supplied online by Placecol Fresh Beauty by way of the On-Line Portal;
   9. "Returns" means any return of any Product whether it be for an exchange or a refund, and irrespective of the reason for the return;
   10. “Gift Voucher” means digital gift voucher or physical beauty gift card.

2. PURCHASE

   1. The Customer shall be bound by these Terms and Conditions in all transactions relating to the purchase of the Products or Gift Vouchers using Placecol Fresh Beauty's On-Line Portal.

3. ORDERS

   1. Placecol Fresh Beauty reserves the right at all times to reasonably decline any order and/or to suspend delivery and/or to decline to supply the Products to the Customer.

4. DELIVERY

   1. Subject to the CPA, and although Placecol Fresh Beauty  will endeavour to deliver the Products according to the Customer's requirements, Placecol Fresh Beauty  will not be bound to such delivery requirements of the Customer and accordingly Placecol Fresh Beauty shall not be liable in any manner whatsoever for a failure or delay in delivery of Products.
   2. Placecol Fresh Beauty shall at its discretion be entitled to effect and invoice for part deliveries.
   3. This clause shall be read together with the terms set out in the Delivery Policy.

5. OWNERSHIP

   1. Irrespective of the type of transaction, Placecol Fresh Beauty hereby reserves its rights to ownership of the Products until fully paid for by the Customer.
   2. In order to give effect to paragraph 6.1, the Customer shall ensure the Products remain movable property, severable from any other movable or immovable property to which the Products may be attached.

6. RISK

   1. On delivery of the Products to the Customer, the risk in and to the Products shall pass to the Customer notwithstanding that ownership in the Products remains vested in Placecol Fresh Beauty  until full payment has been received by us.

7. RETURNS AND REFUNDS

   1. Placecol Fresh Beauty agrees to returns and exchanges of Products only (not Gift Vouchers) provided that the following provisions shall be applicable, as well as those set out in the Delivery Policy and Returns Policy:
      1. In instances where the services via the courier are used to facilitate the return of Products, the Customer shall be fully responsible for payment of any fees or expenses for such returned Products except in the case where products are damaged or faulty through no fault of the customer.
      2. The Customer shall not be refunded for any delivery cost under any circumstances;
      3. Any refund or credit will only take place once Placecol Fresh Beauty  has received and processed the return of the Products;
      4. Placecol Fresh Beauty shall have the discretion to refund the Customer by crediting the relevant Customer’s online account.
      5. No Gift voucher may be returned to head office or any retail outlet or Placecol Skin Care clinic.

8. WARRANTY

   1. Placecol Fresh Beauty shall not incur any liability of whatever nature arising in contract or delict from any injury, loss or damage to any person or property arising from the use of the Products.
   2. The Products supplied by Placecol Fresh Beauty  shall be suitable only for the purpose designed and intended and the Customer shall ensure the Products are handled, stored, installed, used, worn or otherwise dealt with in a normal and proper manner, and where applicable, in a manner consistent with the directions for use given by Placecol Fresh Beauty .
   3. No action or claim of whatever nature shall lie against Placecol Fresh Beauty arising out of or in connection with any defects in, or unsuitability of, any Products.

9. INDEMNITY

   1. Without derogating from the generality of any of the provisions hereof, Placecol Fresh Beauty and its Affiliates shall not at any time be liable for any claims of whatsoever nature and howsoever arising for any direct, indirect or consequential loss or damage which may be sustained by the Customer in connection with the use of the Products and the Customer hereby indemnifies and agrees to defend and hold harmless Placecol Fresh Beauty and its Affiliates against all such claims.

10. CONFIDENTIAL INFORMATION

    1. Placecol Fresh Beauty and the Customer agree to keep any confidential information that they receive from one another confidential by using the same degree of care that they would use to protect their own confidential information. Placecol Fresh Beauty will not disclose the Customer’s confidential information to anyone else, unless the Customer gives its consent to Placecol Fresh Beauty to do so. The Customer must do the same with the confidential information about Placecol Fresh Beauty. Placecol Fresh Beauty can, however, disclose the Customer's confidential information to Placecol Fresh Beauty's employees, professional advisors and contractors who need to know and use the information in order to perform their obligations in terms of these Terms and Conditions.
    2. Placecol Fresh Beauty shall further abide by its Privacy Policy, as set out in the Placecol Fresh Beauty Website Terms and Conditions, in relation to the processing of any confidential or personal information of Customer's which is carried out by Placecol Fresh Beauty.

11. APPLICABLE LAW

    1. These Terms and Conditions, and all transactions relating to the purchase of Products using the Placecol Fresh Beauty On-Line Portal shall be governed in all respects by, and shall be construed and interpreted according to the laws of the Republic of South Africa.
    2. Subject to the CPA, the Customer also agrees and consents in terms of Section 45 of the Magistrate's Court Act ("the MCA") to the jurisdiction of a Magistrate's Court having jurisdiction in respect of the Customer or the claim in terms of Section 28 of the MCA in respect of any proceedings or claims or action being instituted against the Customer by Placecol Fresh Beauty  in terms hereof or otherwise, notwithstanding that the amount of such claim may exceed the jurisdiction of such Magistrate's Court, provided that Placecol Fresh Beauty may in its discretion be entitled to bring such proceedings in any other court of competent jurisdiction, the Customer agreeing and submitting itself to the jurisdiction of the South Gauteng Division of the High Court of South Africa or any other division of the High Court of South Africa chosen by Placecol Fresh Beauty  in the event of Placecol Fresh Beauty  exercising its rights in terms hereof.
    3. Address for service of legal process: The Customer chooses its domicilium citandi et executandi at the shipping or delivery address as reflected in the invoice for the Products, failing which, any other physical address of the Customer.

12. DELIVERY POLICY

    1. This Delivery Policy forms part of and should be read together with the Terms and Conditions. Please note that in certain circumstances a delivery option may not be available to a Customer due to factors beyond the reasonable control of Placecol Fresh Beauty.
    2. Delivery methods for deliveries from Placecol Fresh Beauty will include delivery by Courier to the Customer's chosen delivery address. *Only within South African Borders.
    3. When effecting delivery at the customer's premises or such other premises as nominated by the Customer, the Customer shall be responsible for receiving, unloading and checking the Products in the presence of the courier representative making delivery.
    4. Delivery of the products at the shipping or delivery address nominated by the Customer shall constitute good delivery. Any acknowledgement of receipt by the Customer or any authorised representative or employee of the Customer, whether direct or indirect, in writing or otherwise shall serve to also confirm delivery.
    5. If, on the instructions of the Customer, the Products are delivered to a carrier for delivery to the Customer, delivery to the Customer shall be deemed to have been duly effected on delivery to the carrier who shall at all times be and remain the Customer's agent for purposes of these Terms and Conditions.
    6. In the event that the Products are delivered in a damaged or defective state, the Customer shall forthwith upon delivery endorse Placecol Fresh Beauty's copy of the delivery note detailing the damage or defects to the Products and the Customer shall within seven (7) days of such delivery notify Placecol Fresh Beauty of such damage or defects in the Products delivered, following which the Returns Policy shall be followed.
    7. On compliance by the Customer with the requirements of this Delivery Policy, and provided Placecol Fresh Beauty agrees with the information supplied by the Customer, Placecol Fresh Beauty  will or may apply for a credit, subject to the provisions of the Returns Policy.
    8. Subject to the CPA, and notwithstanding the provisions of this Delivery Policy, Placecol Fresh Beauty shall not be liable to the Customer for any loss or damage occasioned by reason of the circumstances set out above.
    9. A flat rate to deliver your order to you will be charged. This will escalate reasonably from time to time.
    10. The order will take around 1 - 2 working days to process and 3 to 5 working days to be delivered to the chosen delivery address (*Only within South African Borders). The order can be tracked on the Placecol Fresh Beauty Website or by contacting our Customer Care on 0861 11 22 22.
    11. Although reasonable care shall be taken, Placecol Fresh Beauty accepts no responsibility whatsoever for incorrect delivery details or, if an unauthorised person at the delivery address, accepts delivery of the order and Products.
    12. For purposes of this clause, "Placecol Fresh Beauty" shall include any Affiliate, agent or independent contractor who may effect delivery on behalf of Placecol Fresh Beauty, which shall also include the South African Postal Office service or a courier service provider.

13. RETURNS AND REFUNDS POLICY FOR ITEMS PURCHASED ON PLACECOL.COM

    1. This Returns Policy forms part of and should be read together with the Terms and Conditions and includes the Placecol Fresh Beauty general in store returns and refunds policies. Please note that in certain circumstances a returns option may not be available to a Customer due to factors beyond the reasonable control of Placecol Fresh Beauty.
    2. Product returned for refunds and exchanges must be returned to Placecol Fresh Beauty at Imbalie Beauty, 23 Saddle drive, Woodmead Office Park, Woodmead, Johannesburg, 2191 and may not be exchanged or refunded at Placecol Skin Care Clinics or any other independent stockist.
    3. Courier return: when returning Products via Courier, the Customer must first register a return on the Placecol Fresh Beauty on line system. A reference number and a return address will be issued to the Customer. The Customer must then insert the Products being returned, into appropriate packaging and this will be collected by the Courier in accordance with the instructions received from Placecol Fresh Beauty. The courier charge will be deducted from the return credit.
    4. Customer will be refunded via credit on their online account (e-wallet) that may be redeemed only on the placecol.com website.
    5. Placecol Fresh Beauty does not accept any responsibility if  an employee or representative at the Customer's chosen address accepts delivery of the Products and is not authorised to do so, or does so under false or fraudulent circumstances.
    6. In the event of 3 (three) failed attempts to deliver the order of Products to the Customer at the chosen delivery address, the Products shall be returned to Placecol Fresh Beauty and the sale shall be reversed. The costs of the delivery/s and return of the Products shall be deducted from the credit due to the Customer.
    7. This Returns Policy forms part of and should be read together with the Terms and Conditions and includes the Placecol Fresh Beauty general in store returns and refunds policies. Please note that in certain circumstances a returns option may not be available to a Customer due to factors beyond the reasonable control of Placecol Fresh Beauty.
    8. Product returned for refunds and exchanges must be returned to Placecol Fresh Beauty at Imbalie Beauty, 23 Saddle drive, Woodmead Office Park, Woodmead, Johannesburg, 2191 and may not be exchanged or refunded at Placecol Skin Care Clinics or any other independent stockist.

14. RETURNS AND REFUNDS POLICY FOR ITEMS PURCHASED IN A PLACECOL SKIN CARE CLINIC

    1. Products

       The new Consumer Protection Act (CPA) needs to be adhered to when a customer is requesting a refund on a product purchased at your salon.

       The following is available on the Placecol Website and at Customer Care which explains our policy clearly:-

       “Please select the products you wish to purchase carefully. We do not refund or accept returns if you change your mind or made an incorrect purchase. We do accept exchanges alternatively refunds, at your election, where a product is defective, incorrectly described or differs from the sample chosen by you.

       Should you select a exchange, we will attend to such exchange in the same manner that you made payment, i.e: cash, credit card refund, etc. provided that the product has been used for its intended purpose and that you return the product, together with your original till slip. 

       Where a product is incorrectly described or different from the sample chosen by you, we will exchange the product or refund you in the same manner that you paid for the product, provided that you return the product, together with your original till slip, within 10 (ten) days from the date of sale.

       A refund might be refused or a reasonable usage fee be charged by us if more than 75% of the product has been used

       Please retain your original till slip as no refund or exchange will be made without proof of purchase.

       You will need to complete a Credit Refund Request Application Form and submit same along with the original till slip and the defective or incorrectly described product at any official Placecol Skin Care Clinic.  Please note that this Returns and Refunds Policy does not apply to products purchased at any salon other than at an official Placecol Skin Care Clinic.

       Any product that you purchase and wish to return for any other reason may be returned or exchange within 7 (seven) days from the date of the sale, as long as the product has not been modified, tampered with or misused and it is in a saleable condition and is accompanied by your original till slip. Once the product has been used in any manner, we can no longer sell it and you will only be able to return it if it is defective, incorrectly described or different from the sample chosen by you in accordance with the provisions above.”

       The following will be printed on the front of the till slips;

       In the event that you require information on our Returns and Refunds Policy please refer to our Placecol website at  www.placecol.com or contact our Customer Care toll free number on 0861 11 22 22 during office hours 8h00 to 16h30.

15. PAYMENT POLICY

    1. This Payment Policy forms part of and should be read together with the Terms and Conditions, and is subject at all times to Placecol Fresh Beauty’s agreements with its bankers and the outsourced financial transactions service provider.
    2. There are different payment options including payment by way of a credit, cheque or debit card or , using your Placecol Fresh Beauty online credits.
    3. Placecol Fresh Beauty prescribes to high security and encryption standards allowing all customers to shop with peace of mind. It is to be noted that it is the strict policy of Placecol Fresh Beauty and Placecol Fresh Beauty takes all reasonable security measures to ensure that payment and card details, as well as related confidential information, cannot be accessed by anyone who is not authorized to do so.

16. GIFT VOUCHER POLICY

    With regard to gift cards the following is also relevant:

    1. Gifts vouchers are not redeemable online.
    2. The value thereof is redeemable for Products or Treatments (not cash) at any Placecol Skin Care Clinic nationwide.
    3. Placecol Fresh Beauty accepts no responsibility in the event that due to an error or oversight on the part of the Customer, or for any reason, the gift voucher is used by a third party.
    4. The Gift voucher needs to be presented at point of purchase when in a Placecol Skin Care Clinic as payment towards your purchase of products or treatments.
    5. Should you not utilise the full value of the gift voucher, a credit will remain on the voucher for your future use.
    6. The use of this gift voucher constitutes acceptance of the following terms and conditions:
       1. Treat this gift voucher like cash; this gift voucher is not a credit card.
       2. This gift voucher is valid for three years after the date on which it was issued.
       3. This gift voucher is redeemable for merchandise or treatments at participating Placecol Skin Care Clinics in South Africa.
       4. This gift voucher cannot be exchanged for cash and cannot be replaced if stolen.
       5. No cash balance will be given as change.
       6. Only valid at participating stores.