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Terms


These terms and conditions apply to the use of the GlossyBox website (www.glossybox.co.za) (the “Site”) owned and managed by Beauty Trend South Africa (Pty) Ltd trading as “GlossyBox”, a limited liability company incorporated in accordance with the laws of South Africa with registration number (2011/101343/07) of Studio C16, Mainstream Centre, Main Road, Hout Bay, 7806, South Africa (“GlossyBox”). The directors of GlossyBox are the following: Brigitte Wittekind and Sonja Ballenden
In these terms and conditions, the expressions “we”, “us” and “our” are references to GlossyBox. In using our site and by purchasing any products from us, you agree to be bound by these terms and conditions. You also warrant that you are legally capable of entering into a binding contract, are at least 18 years old (or are supervised by an adult), are resident in South Africa, are accessing our site from South Africa, and are only purchasing any products from us for your own personal use.

Important notice

We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon their publication and you will be bound by the terms and conditions as amended if you continue to use our website or purchase products from us following the publication of any amendment.

How do I order cosmetics and beauty products or vouchers from GlossyBox?

You must register and open an account with us if you want to subscribe to our sampling service and purchase any other products from us. This is so that we can provide you with easy access to view your order, view your past purchases and modify your preferences.

At the time of registration or purchasing products from us, you will be asked to click “I Accept” to reaffirm your acceptance of these terms and conditions. Your acceptance creates a legally binding contract between us on the terms of this document and any purchase order we supply for your review and approval. All other discussions, correspondence, negotiations, previous arrangements, or understandings between us are excluded from that order.

We reserve the right to decline a new registration or product order or to cancel an existing registration at any time.

WHAT INFORMATION DO I NEED TO PROVIDE WHEN OPENING A GLOSSYBOX ACCOUNT?

To register you need to input on our site your personal information which may include your name, delivery address, contact details, payment details and other personal information that may be requested on the site from time to time. Our Privacy Policy sets out how we will handle your personal information.

When you have successfully registered with us, you will be either asked to enter a user defined password at the time of creation or you will be automatically allocated a password for your account.

WHAT ARE THE CHARGES FOR RECEIVING GLOSSYBOX SAMPLES ON A MONTHLY BASIS?

The current subscription fee is R130 (inclusive of VAT) per month, which will be charged to your credit charge monthly in advance by us for the duration of your subscription with us.

WHAT IF I WANT TO CANCEL MY GLOSSYBOX SUBSCRIPTION?

There is no minimum subscription term and you can cancel your subscription at any time by logging onto your GlossyBox account or sending us an email to info@glossybox.co.za.

You will not be charged a cancellation fee. However, we will not pro-rata your subscription and refund you the unused portion of your subscription for the month in which you cancel your subscription. You can re-subscribe at any time following the cancellation of your subscription.

WHAT HAPPENS IF I FAIL TO PAY MY MONTHLY SUBSCRIPTION?

We will contact you to ask you to make payment and ensure that your credit or debit card details are correct. If we are unable to contact you or if you fail to make payment, then we may cancel your subscription and may close your GlossyBox account.

CAN I ORDER ADDITIONAL SAMPLES FROM GLOSSYBOX?

No, unless we have a link to our brands partners websites where you will need to pay the advertised price for those products and the applicable posting or handling charges.

HOW LONG WILL IT TAKE FOR GLOSSYBOX TO DELIVER MY SAMPLES OR OTHER ORDERED PRODUCTS?

The dispatch confirmation which we will send you once we have accepted your order, sets out the delivery date on which we anticipate delivering your ordered products. If the dispatch confirmation does not specify a date, then we will deliver your ordered products within 30 days of the date of the dispatch confirmation and of receiving payment from you.

Please note that whilst we will endeavour to deliver your ordered products on time, we may not be able to do so due to events which are beyond our reasonable control, including but not limited to transport strikes, natural disasters and other Force Majeure events. In those circumstances we will attempt to deliver your ordered products as soon as possible after those events have ceased. GlossyBox will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control.

RISK AND TITLE

The risk in all ordered products will pass to you upon delivery of the products. Ownership of the products will only pass to you once GlossyBox has received all outstanding payments with respect of the products.

WHAT HAPPENS IF I GIVE YOU THE INCORRECT ADDRESS DETAILS FOR AN ORDER?

We reserve the right to charge you the additional costs to deliver ordered products to you by debiting your credit or debit card if you provide us with your incorrect address details. We may also cancel your order and refund you the balance of the purchase price (after deducting the mailing or courier costs), if you do not provide us with your correct address details.

WHAT IF I ORDER ADDITIONAL PRODUCTS AND THEN WANT TO CANCEL THAT ORDER?

You may cancel your order within seven days of first making the order with us by contacting us either by logging onto your GlossyBox account or by sending us an email to info@glossybox.co.za. We have no obligation to cancel your order and refund you any money, if you wish to cancel your order for products more than seven days after placing that order with us. If we have accepted your cancellation request after you have received your ordered products, then you must first return those products to us in their original condition at your own expense. We have no obligation to provide you with a refund if those products are not returned to us or are returned in a damaged condition or if there is any shortage in the number of products you return.

If you return damaged products or if there is a shortage in the number of returned products, then we are entitled to deduct an amount (as determined by us) which represents the damage or shortage from the original payment made by you before refunding you the balance of that payment.

WHAT IF I’M NOT HAPPY WITH MY GLOSSYBOX SAMPLES AFTER I’VE RECEIVED THEM AND WANT TO RETURN THEM?

We will only accept the return of any products which are damaged or defective other than as a result of your actions. To return any damaged or defective products, you must notify us within seven days of receiving those products either by email to info@glossybox.co.za or by phone 021 200 0490. Upon receipt of your damaged or defective products, we may (in our sole discretion) replace those products or refund you the purchase price for those products. You are responsible for paying the mailing costs for returning damaged or defective products to us. If we decide to replace the ordered products, then you will be responsible for paying the courier or mailing costs for sending you the replacement products and we will not provide you with the replacement products until you have paid for those charges.

We generally process requests for the replacement or refund of damage or defective products within 30 days of receiving those products from you.

WHAT DO YOU WARRANT ABOUT THE GLOSSYBOX SAMPLES?

We warrant that the GlossyBox samples and other products purchased from us will, on delivery, conform to its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied. All other statutory warranties are excluded to the maximum extent permitted by law.

CAN GLOSSYBOX CLOSE MY GLOSSYBOX ACCOUNT?

Yes. We reserve the right to close a GlossyBox user account without notice if:

  • the user has failed to pay the monthly subscription fee;
  • the accounts have been registered with someone else’s email address or with temporary email addresses. That is because we require that all accounts to be registered with a regularly accessed, valid personal email address, so that we can communicate with you;
  • the user is seen to be using proxy IPs (Internet Protocol address) in order to hide the use of multiple registration accounts, or you are not a South African user, or you disrupt our site or do not comply with the terms and conditions in any way.

WHAT IF I LOSE MY PASSWORD TO MY GLOSSYBOX ACCOUNT?

It is your responsibility to keep the password confidential and immediately notify us if you suspect any unauthorised use of your account with us or any breach of security, or if any unauthorised third party becomes aware of that password. You agree that if you disclose to any person your user name or password, then they are authorised to act as your agent for the purposes of using (and/or transacting via) our site. You are entirely responsible if you do not maintain the confidentiality of your password and we are not liable to you if another person orders additional products on your behalf after obtaining your password.

CAN MY ACCESS TO THE GLOSSYBOX WEBSITE BE TERMINATED?

Yes. Access to our website may be terminated at any time by us in our sole discretion and without notice to you. The provisions below relating to "Copyright", "Trade Marks” and “Disclaimer and Limitation of Liability", together with your obligation to pay any outstanding amounts to us, will survive any such termination.

IMPORTANT NOTICE ABOUT COPYRIGHT

Copyright in our website (including the design, layout, functionality, text, graphics, logos, icons, sound recordings and software) is owned by us or licensed to us. Except with our prior written consent, you may not in any form or by any means:

  • adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of our website; or
  • commercialise any information, products or services obtained from any part of our website.

You are authorised to print a copy of any information contained on our website for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written consent on-sell information obtained from our website.

IMPORTANT NOTICE ABOUT TRADE MARKS

Our website includes registered trade marks owned by us (or our licensors) and trade marks that are the subject of applications for registration by us (or our licensors).

You must not use any of our trade marks without our prior written consent. Where such consent is given, you must not use any of our trade marks:

  • in or as the whole or part of your own trade marks or business name or company name;
  • in connection with activities, products or services which are not ours;
  • in a manner which may be confusing, misleading or deceptive; or
  • in a manner that disparages us or our information, products or services (including our website).

You must not authorise or assist any person to do any of the acts specified above.

DISCLAIMER AND LIMITATION OF LIABILITY

The following paragraphs exclude or limit our liability for your use of our website. They all apply so far as the law permits.

While we have taken reasonable steps to ensure the accuracy, currency, availability and completeness of the information contained on our website, that information is provided in good faith and on an "as is" and "as available" basis and we do not make any representation or warranty of any kind, whether express or implied, as to the reliability of the information.

We do not represent or warrant that our website will be available at all times, that access will be uninterrupted, that there will be no delays, failures, errors or omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted, or that no damage will occur to your computer system.

You must take your own precautions to ensure that the process which you employ for accessing our website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system or any other computer system.

Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.

The collection, use and disclosure of your personal information is also subject to our Privacy Policy.

We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of, attempted use of, or inability to use our website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through our website.

If legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty, to the extent permitted by that legislation, and at our option, to the supplying of the services again or the payment of the cost of having the services supplied again.

IMPORTANT NOTICE ABOUT LINKED WEBSITES

Our website may contain links to other websites (“linked websites”). Those links are provided for convenience only and may not remain current or be maintained. Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent we stipulate to the contrary.

To the extent permitted by law, we accept no responsibility or liability for, and give no warranty (express or implied) of any kind in respect of, linked websites and your use of them or any products or services available on or through linked websites.

ASSIGNMENT OF RIGHTS AND OBLIGATIONS

The contract between you and GlossyBox is binding on you and us and on our respective successors and assignees. You may not transfer, assign or otherwise dispose of all or any part of your rights or obligations arising under it, without our prior written consent. GlossyBox is entitled to transfer, assign, sub-contract or otherwise dispose of any of our rights or obligations arising under our contract, at any time during the term of the contract.

NO WAIVER

The failure by GlossyBox to enforce any provision of these terms and conditions shall not affect in any way our right to require performance of the provision at any time in the future, nor shall the waiver of any subsequent breach nullify the effectiveness of the provision itself.

SEVERABILITY

In the event that any one or more of the provisions contained in these terms and conditions shall for any reason be held to be invalid, void or unenforceable in any respect, by a court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect any other provision of these terms and conditions, but the terms and conditions shall be construed as if such invalid, illegal or unenforceable provision had never been included and the terms and conditions shall be carried out as nearly as possible according to its original terms and intent.

ENTIRE AGREEMENT

These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of our contract. We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities. You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the product order confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the products).

GOVERNING LAW AND JURISDICTION

The relationship between GlossyBox and any users of the Site will in all respects be governed by and construed under the laws of the Republic of South Africa. GlossyBox and the Client herewith agree to the non-exclusive jurisdiction of the Magistrates Court of the Republic of South Africa in terms of section 45 of the Magistrates Courts’ Act 32 of 1944 in any dispute arising from or in connection with this Agreement.

PRIVACY POLICY

Beauty Trend South Africa (Pty) Ltd trading as “GlossyBox” (“GlossyBox”) is committed to protecting and respecting the privacy of your personal information. This policy together with our Terms and Conditions set out how we collect, use or disclose your personal information when you visit our website (www.glossybox.co.za) or any other site, services, software, applications or media managed or controlled by us.

This policy may be revised from time to time. It is recommended that you carefully read this policy each time you visit the website.

WHAT TYPE OF PERSONAL INFORMATION DO WE COLLECT FROM YOU?

Generally, the personal information that we collect from you includes your name, mailing address, telephone and facsimile number and email address.

If you wish to purchase samples of cosmetics and beauty products or other goods or services that we offer, then we will need to collect your credit card or PayPal information and the information about the specific goods or services that you wish to purchase from us.

If we have supplied you with goods or services, then we will need to collect and store your personal information relating to that good or service. This will enable us to assist you with any further information or questions and to manage the provision of that good or service.

If you do not provide us with the personal information we (or other relevant third parties) request, we or they may not be able to provide you with the goods or services you have ordered.

WHY DO WE COLLECT PERSONAL INFORMATION ABOUT YOU?

We primarily collect personal information from you to provide you with a box of samples of cosmetics and beauty products you order from us. We also collect personal information from you to:

  • provide you with the other goods and services we offer from time to time;
  • develop and identify goods and services that may be of interest to you;
  • conduct market or customer satisfaction research;
  • keep you informed about offers or promotions that we think you might be interested in; and
  • develop, establish and administer commercial arrangements with our suppliers in relation to the promotion, administration and use of our respective products and services.

HOW DO WE COLLECT YOUR PERSONAL INFORMATION?

We collect personal information from you when you:

  • visit our website or contact us;
  • create a user account on our website;
  • subscribe to our mailing list;
  • submit website feedback; or
  • apply for a job with us.

DO WE COLLECT SENSITIVE INFORMATION ABOUT YOU?

No. We will not collect, use or disclose sensitive information (such as information about your racial or ethnic origins or political or religious beliefs), except with your specific consent or in the circumstances permitted by law.

HOW DOES OUR WEBSITE COLLECT INFORMATION ABOUT YOU?

Clickstream data
Each time you visit our website our server collects some anonymous information, known as click stream data, including the type of browser and system that you are using, the address of the site you have come from and move to after your visit, the date and time of your visit, and your server’s IP address.

We may collect this information for statistical purposes to find out how the website is used and navigated, including the number of hits, the frequency and duration of visits, most popular session times. We may use this information to evaluate and improve our website.

We will not attempt to identify users or their browsing activities except, in the unlikely event of an investigation, where a law enforcement agency may exercise a warrant to inspect the service provider's logs.

Cookies
A cookie is a piece of information that our web server may send to your computer when you visit our website. A cookie helps us to recognise when you visit our website and to co-ordinate your access to different pages on the sites.

You can erase, block or receive a warning about cookies on most internet browsers. If you want to do this, you should refer to your browser instructions or help screen to learn more. If you disable all cookies, you may not be able to take advantage of all the features of our website.

Please note that third-party advertisers or ad servers may place or recognise a unique cookie on your browser in the course of placing advertisements on our website. The use of cookies by such third party advertisers or ad servers is not subject to this Policy, but is subject to their own respective privacy policies.

WHEN WILL WE DISCLOSE YOUR PERSONAL INFORMATION TO ANOTHER PERSON?

We only disclose personal information to third parties in South Africa or overseas who we believe are necessary to assist us in providing our goods and services. We may disclose your personal information to:

  • our suppliers (for example, our shipping agents and electronic payments gateway);
  • our external advisers (for example, our attorneys, accountants, and auditors);
  • persons or entities with whom we have formed joint ventures or other commercial relationships to supply our goods or services to you;
  • to a purchaser of GlossyBox or its business; or
  • anyone to whom we are required to disclose information by law.
We may transfer personal information to third parties by electronic means, including via the internet.

Except where you have consented, we limit the use and disclosure of any personal information provided by us to third parties to the purpose for which we supplied it and related purposes. By submitting personal information to us, you acknowledge that we cannot be held responsible for any use of your data by third parties who receive and process your data if we have used your data in the ways set out in this policy.

WHAT IF YOU WANT TO GIVE US INFORMATION ABOUT ANOTHER PERSON?

If you wish to provide us with personal information about another person, then we ask that you obtain that person’s consent to do so and make them aware of this policy when seeking their consent. If you wish to give us sensitive information about another person (such as information about their racial or ethnic origins or political or religious beliefs), then you must obtain that person’s consent before disclosing that information to us. We are relying upon you to obtain those consents.

If you have not obtained their consent, then you must tell us before you provide us with the relevant information.

WHAT IF WE GIVE YOU ANOTHER PERSON’S PERSONAL INFORMATION?

If we provide you with personal information about another person, then you and your representatives must only use it for the purposes for which we give it to you. You must ensure that you comply with all the relevant legislation when collecting, using and storing that information. You must also ensure that your employees, agents and contractors comply with those requirements.

HOW DO WE KEEP YOUR PERSONAL INFORMATION SECURE?

We have implemented a variety of security measures to maintain the safety of the personal information that is collected.

Personal information is stored securely at all times and will never be provided to any unauthorised third parties. While being transmitted over the internet, all credit card details are protected using SSL (Secure Socket Layer) encryption.

The personal information which we hold will be held securely within our systems in accordance with our internal security policy and relevant legislation.

While we take reasonable precautions to safeguard personal information, we may be unable to prevent unauthorised access to such information by third parties or inadvertent disclosure of such information during transit. You acknowledge this risk when communicating with us through the website.

HOW CAN YOU ACCESS YOUR PERSONAL INFORMATION?

We will, on request, provide you with access to personal information we hold about you (including so that you can request correction of that information) subject to exceptions permitted by law. For example, we will not provide access to personal information if we have a duty of confidentiality in relation to that information.

If we do not provide you with access to personal information or refuse to make any changes to the information that you request, we will inform you of our reasons for doing so and of any exceptions we have relied upon. We will also, on request, record the fact that you have made a request for access to personal information and the reasons for our refusal to provide access to it.

Your request for us to provide access to and/or correct personal information will be dealt with within a reasonable time and we may recover from you the reasonable cost of retrieving and supplying the information to you.

HOW TO CONTACT US?

If you wish to:

  • obtain access to your personal information;
  • lodge a complaint about a breach of your privacy;
  • query how your personal information is collected or used; or
  • ask questions about our privacy policy, then you may send us an email to info@glossybox.co.za or 021 200 0490. Alternatively, you may write to us at GlossyBox, Studio C16, Mainstream Centre, Main Road, Hout Bay, 7806, South Africa.

SPAM POLICY

We are also committed to complying with the Electronics Communication and Transactions Act 25 of 2002 (the “ECT Act”).

We will only send you electronic messages with your consent, including consent inferred from our existing relationship. For example, we might send you an email in relation to your membership or an inquiry which you have made.

HOW TO UNSUBSCRIBE FROM A MAILING LIST?

You are able to unsubscribe from our mailing list by clicking on the link provided in the email. If that link does not work or is not provided, then may also send us an email to info@glossybox.co.za or 021 200 0490 or write to us at GlossyBox, Studio C16, Mainstream Centre, Main Road, Hout Bay, 7806, South Africa.

At that time you should provide us with details of the communication that you no wish to receive and request to be removed from that mailing list.

WHERE DO YOU DELIVER TO?

We deliver to 80% of South Africa via courier included in your cost of R130. To see which limited outlying areas like farms and rural areas we DO NOT cover please click here. If your home falls within one of these areas we recommend you have your box couriered to your office, family or friend who is within our delivery area.

CAN I CANCEL MY PURCHASE?

Of course you can always make use of your cancellation right. You can hence informally resign from the purchase of your GlossyBox within 5 days of payment being received.

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