Terms & Conditions
1. Definitions
1.1. Website – shall mean any website, link, portal or any online service, whether provided by SOHO or another service provider selling SOHO products.
1.2. SOHO – means SOHO NAILS WAXING BEAUTY (PTY) LTD, a Private Company in terms of the laws and regulations of the Republic of South Africa.
1.3. User/Consumer/Guest/Customer – means any person, entity, legal person, agent or accessory that accesses the SOHO website or utilises and service, product or equipment thereupon.
1.4. Consumer Protection Act (CPA) – means the Consumer Protection Act 68 of 2008 and shall include any amendments thereto.
1.5. Goods and services – means any goods and services, products or services provided or rendered by SOHO or a Third-Party seller via the SOHO website.
2. Introduction
2.1. This website can be accessed at www.sohonycsalon.com or related mobi-sites and software applications (the “website”) and is owned and operated by SOHO NAILS WAXING BEAUTY (PTY) LTD and may hereinafter be referred to as “SOHO ”, “we”, “us” and “our”.
2.2. These website Terms and Conditions (“Terms and Conditions”) is the sole document governing the ordering, sale and delivery of goods, service and products, and the use of the website.
2.3. These Terms and Conditions are binding and enforceable against every person that accesses, is accessory to use or uses this website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”). By using the website and by clicking on the “Register Now”, “Account”, “Activate Account” or “Create” button on the website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
2.4. The website enables you to brows for services and products, rate services and shop online for services and products, if applicable. (“goods and services”).
2.5. SOHO allows Third Party sellers to list and sell their goods and services on the website (each a “Third Party seller”). SOHO will indicate on the relevant product pages and checkout pages when goods and services are for sale by a Third Party. Certain terms in these Terms and Conditions only apply to purchases from Third Party sellers, and others only apply to purchases from SOHO. This will be made clear in the relevant clauses.
3. Important Notice
3.1. These Terms and Conditions apply to all users, including those who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
3.2. These Terms and Conditions contain the following provisions, which are not limited to provisions that,
3.2.1. may limit the risk or liability of SOHO or a Third Party; and/or
3.2.2. may create risk or liability for the user; and/or
3.2.3. may compel the user to indemnify SOHO or a Third Party; and/or
3.2.4. serves as an acknowledgement, by the user, of a fact.
3.3. Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
3.4. If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask SOHO to explain it to you before you accept the Terms and Conditions or continue using the website.
3.5. Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or SOHO in terms of the CPA or any other applicable Act.
3.6. SOHO permits the use of this website subject to the Terms and Conditions contained herein. By accessing or using this website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. Should you not agree to the Terms and Conditions of this website, you will not be permitted to transact thereupon.
4. Returns
4.1. Please refer to our Returns Policy for more information about returning products (and related refunds, replacements, or repairs). The Returns Policy is incorporated by reference hereto (which means that it forms part of these Terms and Conditions).
5. Use of the Website
5.1. By using the website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) years or if you are not legally permitted to enter into a binding agreement, then you may use the website only with the supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person herewith expressly agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions as if that person concluded the transaction on their own accord.
5.2. You agree that you will not in any way misuse any device, software or other instrument to interfere or attempt to interfere with the proper working of the website. In addition,
you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the website or the information contained herein, without the prior express and written consent from an authorised SOHO representative (such consent is deemed given for standard search engine technology employed by internet search websites to direct internet users to this website).
5.3. You may not use the website to distribute material, which is competitive, defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
5.4. You may not in any way display, publish, copy, print, post or otherwise use the website and/or the information contained therein without the express prior written consent of an authorised SOHO representative.
6. Conclusion of Sales and Availability of Stock
6.1. Whether or not SOHO or the Third Party seller accepts a purchase depends on the availability of goods, correctness of the information relating to the goods (including without limitation the price) and receipt of payment or payment authorisation by SOHO for the goods.
6.2. NOTE: SOHO or the Third Party seller will indicate the acceptance of your purchases in writing and thereafter by allowing you to collect such goods and only at that point will an agreement of sale between you and SOHO or the Third Party seller come into effect (the “Sale”). This is regardless of any communication from SOHO stating that your purchase or payment has been confirmed. SOHO will indicate the rejection of your purchase (by SOHO itself or the Third Party seller) by cancelling it, and as soon as possible thereafter, refunding you for any amount already paid. Although SOHO will update its website regularly and will further endeavour to ensure that all products on the website are in stock or available, it may take up to three months to order an item currently out of stock. Should a situation arise where you have paid for an out of stock item, you will be contacted with the option to wait for the product or be reimbursed the purchase price.
6.3. We cannot take responsibility for incorrect email/phone numbers or for failure to check email messages timeously. After your purchase and collection of the goods, you may return the goods only in accordance with the Returns Policy. Please note that penalties and cancellation fees and costs may apply.
6.4. You acknowledge that stock of all goods on offer is limited and that pricing may change at any time without notice. In the case of goods for sale by SOHO, SOHO will take all reasonable steps to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the website. However, we cannot guarantee the availability of stock. When goods are no longer available after you have purchased, SOHO will notify you and you will be entitled to a refund of any amount already paid by you for such goods.
6.5. In the case of goods for sale by a Third Party seller, SOHO relies on inventory information supplied by the relevant Third Party seller and SOHO accordingly bears no liability for any inaccuracies in the information supplied to it. Consequently, should you order any goods from a Third Party seller which are in fact sold-out, any resulting dispute shall be between you and the relevant Third Party seller, your respective rights
and obligations being as set out in these Terms and Conditions and in that of the Third Party seller’s Terms and Conditions.
6.6. Certain goods may not be purchased for re-sale. Should we suspect that any such goods are being purchased for re-sale, we are entitled to cancel your order immediately on notice to you.
6.7. We reserve the right to limit the amount of products a customer can purchase.
7. Bookings
7.1 As we are a walk-in only salon, we only accept bookings made if it’s for a party of four or more guests. This can be made telephonically or by email as listed on the website.
7.2 If there is no reply on email within 30 minutes, it is definitely worth calling us, as there maybe something wrong with the internet. The internet network may be down.
7.3 Prices are subject to change and may be different from price lists that have been picked up from the salon. The most current prices will always be on this site.
7.4 To ensure that we can fit your party in at a time that is convenient to you, we recommend you book well in advance as we are a very busy walk-in only salon. You are also able to earn points in our loyalty program.
7.5 All bookings require a 50% deposit at the time of booking and the balance paid on the day services are received.
7.6 Please let us know of any illnesses/any physical challenges or needs at the time of making the group booking.
7.7 If you have recently undergone an operation or received treatment for cancer within the last 5 years, we may need a doctor’s approval for some types of treatments.
7.8 Some treatments may not be suitable if you are pregnant or trying to become pregnant.
7.9 There is a 24 (twenty four) hour cancellation policy.
8. Payment
8.1. Whether the goods and services are for sale by SOHO or a Third Party seller, payments can be made for goods and services via at least one, but not necessarily all of the following methods;
8.1.1. debit card.
8.1.2. credit card: where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained for the amounts. Should we do not receive the requisite authorisation, your order for the goods and services will be cancelled. You expressly warrant that you are fully authorised to use the credit card supplied for purposes of paying the goods and services. 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. To help prevent fraudulent transactions there is a per transaction limit of R10,000.00 (ten thousand rand) for credit card payments, please contact us at 411@sohonycsalon.com should you require this limit to be increased.
8.1.3. direct bank deposit or EFT: if you pay via direct bank deposit or EFT, payment must be made within 5 (five) days of placing your order or 2 (two) days prior to the arrival of your booking. SOHO will not accept your order or booking if payment has not been received and proof of payment thereof;
8.1.4. gift cards
8.2 You may contact us via our email at 411@sohonycsalon.com to obtain a full record of your payment. We will also send you email communications about your booking and payment.
9. Errors
9.1 We shall take all reasonable efforts to accurately reflect the description, availability, purchase price of goods and services on the website. However, should there be any errors of whatsoever nature on the website, we cannot be held 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.
9.2 SOHO shall not be bound by any incorrect information regarding our goods and services displayed on any Third Party websites.
10. Gift Cards and Coupons
10.1 SOHO may from time to time make physical or electronic gift cards (“gift cards”) and promotional coupons or discounts (“coupons”) available for use on the website towards the purchase of goods and services. Gift cards and coupons can only be redeemed while valid and their expiry dates cannot be extended. More specifically:
10.1.1 gift cards;
10.1.1.1 Gift cards that are purchased by registered users are valid for 3 years after sale. Gift cards that SOHO gives away for free are valid for the period stated thereon. In each case, if your card has not been used within that period, it will expire.
10.1.1.2 Gift cards cannot be used to buy other gift cards or coupons. They do not accrue interest and are not refundable for cash once purchased. If your gift card value is insufficient for the services chosen, you may make up the difference by paying via one of our other payment methods.
10.1.1.3 SOHO is not responsible for any harm due to the loss, unauthorised use or unauthorised distribution of a gift card, after the gift card has been emailed to your email address nominated by you.
10.1.2 coupons;
10.1.2.1 There are two types of coupons: a coupon with a fixed amount of a discount, e.g. R100 off (“fixed coupon“), and a coupon with a percentage discount, e.g. 10% off (“percentage coupon“)
10.1.2.2 Coupons are issued at SOHO’s sole discretion and we are entitled at any time to correct, cancel or reject a coupon for any reason and without notice (including without limitation where a coupon has been distributed in an unauthorised manner). Users do not have a right to coupons, and coupons cannot be earned. Coupons are issued under the authority of SOHO and specific Terms and Conditions regulate when and how they may be used.
10.1.3 As a general rule and unless specified otherwise on the specific coupon itself:
10.1.3.1 each coupon can only be used once;
10.1.3.2 only one coupon can be used per order;
10.1.3.3 where a percentage coupon has been used and you wish to cancel any services or products prior to making payment, the entire order must be cancelled. You will be issued with a new percentage coupon and will need to place the order again, without the item that you wished to cancel;
10.1.3.4 the value of the coupon will be set off against the value of your service or product and the balance remaining, if any, will be payable by you.
10.1.4 Coupons cannot be used to buy gift cards or other coupons and cannot be exchanged or refunded for cash or credit. SOHO is not responsible for any harm as a result of the loss, unauthorised use or distribution of a coupon.
10.1.5 You may be required to submit the original communication containing the coupon code, and any other information reasonably requested by SOHO, before you are able to use a coupon.
11. Third Party Sellers
11.1 SOHO will indicate on relevant product and checkout pages when goods and services are for sale by a Third Party seller. In such cases SOHO only provides the online platform to facilitate transactions between Third Party sellers and customers. SOHO is neither the buyer nor the seller of these goods and services unless otherwise specified.
11.2 The sale on acceptance of your order (in accordance with clause 6.2) for goods and services that are for sale by a Third Party seller is solely between the registered user and Third Party seller. SOHO is not a party to that sale and shall not be liable for any reason whatsoever relating to the transaction.
11.3 The Third Party seller is solely responsible for fulfilment of delivery of the goods and services. The Third Party seller shall further be responsible to provide an invoice to the registered user if required.
11.4 Not all Third Party sellers are registered VAT (Value-Added Tax) vendors. Only Third Party sellers who are registered VAT vendors may charge VAT on goods and services sold and issue a tax invoice in respect thereof. If a Third Party seller is not a registered VAT Vendor, it may not charge VAT on goods and services sold and will not be in a position to issue a tax invoice in respect thereof.
11.5 SOHO wants the registered user to have a safe and consistent experience, SOHO will handle any returns under the CPA, the Electronic Communications and Transactions Act 2002 (“ECT Act”) or any other act which may apply, by the registered user arising out of or in connection with the sale between a registered user and a Third Party seller on behalf of the Third Party seller according to SOHO’s own Returns Policy. Should such claim escalate into being a dispute, although SOHO is entitled to become involved in an attempt to resolve it, SOHO is not obliged to do so and any disputes must be resolved between you and the relevant Third Party seller without the involvement of SOHO.
12. Changes to these Terms and Conditions
12.1 SOHO may, in its sole discretion and without notice, change any of these Terms and Conditions at any time. It is your sole responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way utilise the website or services offered by SOHO.
12.2 Any such change will only apply to your use of this website after the change is displayed on the website. If you use the website after such amended Terms and Conditions have been displayed on the website, you will be deemed to have accepted such changes.
13. Electronic Communications
13.1 When you visit the website or send emails to us, you consent to receiving communications from us or any of our divisions or partners electronically in accordance with our Privacy Policy as set out herein.
14. Ownership and Copyright
14.1 The contents of the website, including any material, intellectual property, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this website (“website content”) are protected by law, including but not limited to Copyright and Trade Mark Law. The website content is the property of SOHO, its advertisers and/or sponsors and/or partners/or is licensed to SOHO.
14.2 You will not acquire any right, title or interest in or to the website or the website content, without our express written consent.
14.3 Any use, distribution or reproduction of the website content is prohibited unless expressly authorised in writing by SOHO. To obtain permissions for the commercial use of any website content contact us via email at 411@sohonycsalon.com.
14.4 Where any of the website content has been licensed to SOHO or belongs to any Third Party, your rights of use will also be subject to any Terms and Conditions which that licensor or Third Party imposes from time to time and you agree to comply with such Third Party Terms and Conditions.
15. Linking to Third Party Websites
15.1 This website may contain links or references to other websites (“Third Party websites”) which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party websites and SOHO shall not be responsible for the practices and/or Privacy Policies of those Third Party websites or the “cookies” that found on such sites.
15.2 Notwithstanding the fact that the website may refer to or provide links to Third Party websites, your use of such Third Party websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party websites or your reliance on any information contained thereon.
16. Limitation of Liability
16.1 SOHO cannot be held liable for any inaccurate information published on the website and/or any incorrect prices displayed on the website, save where such liability arises from the gross negligence or wilful misconduct of SOHO, its employees, agents or authorised representatives. Should you encounter a problem, you are encouraged to contact us to report any possible malfunctions or errors by way of email to 411@sohonycsalon.com.
16.2 SOHO shall not be liable for any direct, indirect, incidental, special or consequential loss or damages which might arise from your use of, or reliance upon, the website or the content contained in the website; or your inability to use the website, and/or unlawful activity on the website and/or any linked Third Party website.
16.3 You hereby indemnify SOHO against any loss, claim or damage which may be suffered by yourself or any Third Party arising in any way from your use of this website and/or any linked Third Party website.
17. Availability and Termination
17.1 We will use reasonable endeavours to maintain the availability of the website, except during scheduled maintenance periods and are entitled to discontinue providing the website or any part thereof with or without notice to you at any time.
17.2 SOHO may in its sole discretion terminate, suspend and modify this website, with or without notice to you. You agree that SOHO will not be liable in the event that it chooses to suspend, modify or terminate this website other than for processing any orders made by you prior to such time, to the extent possible.
17.3 If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of any goods or services, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the website without any prejudice to any claims for damages or otherwise that we may have against you.
17.4 SOHO is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the website and refuse to accept or process payment on any goods and services purchased and/or to cancel any payment concluded between you and SOHO, in whole or in part, on notice to you. SOHO shall only be liable to refund monies already paid by you (see SOHO’s Returns Policy in this regard) and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any purchase made.
18. Governing Law and Jurisdiction
18.1 These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
18.2 In the event of any dispute arising between you and SOHO, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Western Division) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
18.3 Nothing in this clause or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA for the appropriate relief.
19. Notices
19.1 SOHO hereby selects L31C, Sandton City Shopping Centre, Corner of Rivonia & 5th Street, Sandton, Johannesburg, Republic of South Africa, 2196 as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”). SOHO may change this address from time to time by updating these Terms and Conditions.
19.2 Notices must be sent either by hand, prepaid registered post or email and must be in English. All notices sent;
19.2.1 by hand will be deemed to have been received on the date of delivery;
19.2.2 by prepaid registered post, will be deemed to have been received 7 days after the date of posting;
19.2.3 by email will be deemed to have been on the date indicated in the “Read Receipt” notification. All email communications between you and SOHO must make use of the “read receipt” function to serve as proof that an email has been received.
20. Information
20.1 For the purposes of the ECT Act, SOHO’s information is as follows, which should be read in conjunction with its product descriptions and other Terms and Conditions contained on the website:
SOHO NAILS WAXING BEAUTY (PTY) LTD, Johannesburg, Sandton City Shopping Centre, Entrance 6, Corner of Rivonia & 5th Street, Shop L31C, Sandton, 2196, +27.11.784.0370 |1
21. General
21.1 SOHO may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the website or the user’s right to use the website or any of its contents subject to us processing any orders then already made by you.
21.2 You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any Third Party.
21.3 Any failure on the part of you or SOHO to enforce any right in terms hereof shall not constitute a waiver of that right.
21.4 If any Term or Condition contained herein is declared invalid, the remaining Terms and Conditions will remain in full force and effect.
21.5 No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and publicised on the website.
21.6 No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
21.7 These Terms and Conditions contain the whole agreement between you and SOHO, and no other warranty or undertaking is valid, unless contained in this document between the parties.
22. Online shop information
22.1. Detailed description of goods and/or services
SOHO NAILS WAXING BEAUTY (PTY) LTD is a business in the health and beauty industry that supplies products/services online.
22.2. Delivery policy
Subject to availability and receipt of payment, requests will be processed within 5 days and delivery confirmed by way Gift Card Number.
22.3. Export restriction
The offering on this website is available to South African clients only.
22.4. Return and Refunds policy
The provision of goods and services by SOHO NAILS WAXING BEAUTY (PTY) LTD is subject to availability. In cases of unavailability, SOHO NAILS WAXING BEAUTY (PTY) LTD will refund the client in full within 30 days. Cancellation of orders by the client will attract a 3 % administration fee.
22.5. Customer Privacy policy
SOHO NAILS WAXING BEAUTY (PTY) LTD shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/attachment.php?aa_id=3569.
22.6. Payment options accepted
Payment may be made via Visa, MasterCard, Diners or American Express Cards or by bank transfer into the SOHO NAILS WAXING BEAUTY (PTY) LTD bank account, the details of which will be provided on request.
22.7. Card acquiring and security
Card transactions will be acquired for SOHO NAILS WAXING BEAUTY (PTY) LTD via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. DPO PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
22.8. Customer details separate from card details
Customer details will be stored by SOHO NAILS WAXING BEAUTY (PTY) LTD separately from card details which are entered by the client on DPO PayGate’s secure site. For more detail on DPO PayGate refer to www.paygate.co.za.
22.9. Merchant Outlet country and transaction currency
The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).
22.10. Responsibility
SOHO NAILS WAXING BEAUTY (PTY) LTD takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.
22.11. Country of domicile
This website is governed by the laws of South Africa and SOHO NAILS WAXING BEAUTY (PTY) LTD chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature.
22.12. Variation
SOHO NAILS WAXING BEAUTY (PTY) LTD may, in its sole discretion, change this agreement or any part thereof at any time without notice.
22.13. Company information
This website is run by SOHO NAILS WAXING BEAUTY (PTY) LTD based in South Africa trading as SOHO NAILS WAXING BEAUTY (PTY) LTD and with registration number 2009/019554/07.
22.14. SOHO NAILS WAXING BEAUTY (PTY) LTD Contact Details
Physical Address: L31C, Sandton City Shopping Centre, Corner of Rivonia & 5th Street, Sandton, Johannesburg, Republic of South Africa, 2196
Email: 411@sohonycsalon.com
Telephone: +27.11.784.0370
