TERMS AND CONDITIONS
- ANIMAL TESTING POLICY
All Avroy Shlain products have been certified as cruelty-free by PETA. We are proud to be part of the Beauty Without Bunnies programme, certifying that we never test any product or ingredient on animals. The Leaping Bunny logo is steadily being added onto all our packaging. If you have a product from Avroy Shlain and don’t see the Leaping Bunny logo, you can rest assured that it’s still cruelty-free.
To view our certification, click here.
- TERMS & CONDITIONS WEBSITE USE
- The Avroy Shlain website located at avroyshlain.co.za (the “Website”) is owned and operated by Avroy Shlain Cosmetics Proprietary Limited Registration Number: 1992/002125/07 (“Avroy Shlain”, “we”, “us” or “our”).
- Avroy Shlain reserves the right to amend these Terms and Conditions or add provisions to it at any time. By continuing to access and/or use this Website, the User agrees to the amended versions.
- LIABILITY REGARDING THE USE OF THE WEBSITE
- The Website and all information, content, materials and services included or otherwise made available to the User therein are provided on an “as is” and an “as available” basis. Avroy Shlain makes no warranties or representations of any kind, express or implied, as to the operation of this Website or the available information, content, materials or services included on or otherwise made available to you.
- Avroy Shlain does not guarantee, represent or warrant that your use of the Website will be uninterrupted, timely, secure or error-free. Avroy Shlain does not warrant that the results that may be obtained from the use of the Website will be accurate or reliable.
- You assume all responsibility and risk for the use of the Website. You hereby indemnify Avroy Shlain and hold it harmless against any and all liability, loss, damage, penalty, cost or claim of any nature whatsoever suffered by you or any third party in relation to any act or omission by you or, where applicable, your shareholders, members, directors, officers, employees, representatives, agents or assigns or any third party in relation to the Website and the use thereof by you, and/or arising from the provisions of these Terms.
- Avroy Shlain will not be held liable for any delay, failure, breach or non-compliance with its obligations under these Terms if such delay, failure, breach or non-compliance is beyond the reasonable control of Avroy Shlain.
- These Terms do not intend to, nor shall they be interpreted to, limit the liability Avroy Shlain in any way which would be illegal for Avroy Shlain to exclude or attempt to exclude or where such exclusion is prohibited by any law in force from time to time in the Republic of South Africa.
- WEBSITE USE
- The User may not use, reproduce, adapt, distribute, publish or in any other way deal or interfere with the Website’s contents or the proper functioning of the Website without the prior written consent of Avroy Shlain.
- Avroy Shlain reserves the right to make any changes to the Website, its content and/or products offered through the Website at any time and without prior notice.
- The User may link to this Website, provided that the User will not replicate any particular page, including the homepage. When linking to this Website, the User confirms and agrees that it will comply and ensure compliance with the requirements of these Terms.
- No content that is illegal, unlawful, obscene, defamatory, discriminatory, disparaging of others, derogatory, inflammatory, harassing, insulting, offensive or likely to promote violence or hatred against others or that contains abusive, offensive or profane language may be associated in linking to the Website.
- Although every effort will always be made to have this Website available, the Website may become unavailable for reasons including (without limitation) maintenance or repairs, loss of connectivity or some other form of interruption.
- If the User chooses or is provided with identification codes, usernames, passwords or any similar form of identification information as part of the Website’s security systems, the User must keep this information secret and confidential and must not permit anyone else to use it. The User shall be responsible for all access to the Website with the User’s username and password. When the User’s username and password have been used in order to gain access to the Website, Avroy Shlain shall be entitled to assume that such use and all related communications emanate from the User. Avroy Shlain shall not be liable for any loss or damage arising from unauthorised use of the User’s identification information.
- If the User becomes aware of a breach of the confidentiality of the User’s username and password, the User must immediately communicate this to Avroy Shlain with subsequent confirmation in writing. The compromised username and password will be deactivated as soon as reasonably possible and a new username and password will be issued to the User. Avroy Shlain may, in its sole and absolute discretion and for any reason whatsoever, require the User to change his username and password at any time.
- If the User commits any breach of these Terms or in any other way interacts with or uses the Website in an unlawful or unauthorised manner, Avroy Shlain shall be entitled, in its sole and absolute discretion, to terminate the User’s access to the Website immediately, without prior notice, without any liability on Avroy Shlain part and without prejudice to Avroy Shlain rights in terms of these Terms or at law. Following such termination, the User will forfeit any right to link to this Website as described in clause 4.13.4.
Any commentary, advice, information, suggestions, opinions, answers or any other information posted on the Website is not intended to nor shall it be interpreted to amount to advice on which reliance should be placed and are posted merely for guidance purposes only. The User makes use of any such information at their own risk and in their own discretion and disclaims and indemnifies Avroy Shlain from and against any and all liability and responsibility arising from any reliance placed on such information whether posted on the Website or by any other person visiting the Website.
- PROPRIETARY RIGHTS
- The User acknowledges that Avroy Shlain and its licensors are the proprietors of any and all intellectual property subsisting in, pertaining to or used on the Website including, without limitation, patents, inventions, copyright, trade marks, goodwill and/or trade secrets (Intellectual Property) associated with, related to or appearing on the Website.
- The content of the Website, including but not limited to any pictures, photos, text, presentations, names, titles, brands, drawings, models and associated software are protected by South African and international law. The owners of such content reserve all such rights therein unless provided otherwise in these Terms.
- The User undertakes:
- not to use or register any trade marks, trade names or other devices which are or incorporate marks which are the same as or confusingly similar to any trade marks depicted on the Website or which marks are likely to be associated with such trade marks or where such use would take unfair advantage of or be detrimental to the distinctive character or the repute of the trade marks;
- not at any time to do or cause to be done any act or thing in any way impairing or tending to impair any part of the rights, title and interest in and to the Intellectual Property; and
- not in any way to make unauthorised use of the Intellectual Property or to represent that the User has any rights of any nature in the Intellectual Property or any registrations thereof.
- Without limiting the generality of the provisions above, the User undertakes not to make any unauthorised use, reproductions or copies of any work or material displayed or made available on the Website and agrees to adhere to and comply with all policies, conditions of use and rules that may apply to the use of such work or material.
- Avroy Shlain graphics, logos, page headers, button icons, scripts and service names are the property of Avroy Shlain. Avroy Shlain trade marks and trade dress may not be used in connection with any product or service that is not conducted by Avroy Shlain or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Avroy Shlain . The User may not use any of the Intellectual Property without Avroy Shlain’s prior written consent. All other trade marks not owned by Avroy Shlain that appear on the Website are the property of their respective owners who may or may not be affiliated with, connected to, or sponsored by us. The User may not use such trade marks without prior written consent from the relevant owners.
- MALICIOUS SOFTWARE AND OFFENSES
- The User warrants that:
- the User will not use the Website in any way that causes, or is likely to cause, the Website and access to the Website to be interrupted, damaged or impaired in any manner;
- no form of virus, Trojans, worms, logic bombs, or other malicious coding, virus or software will be introduced onto the Website or into Avroy Shlain’s system which may cause any form of technological harm or any other form of harm in any manner or respect;
- the User will not attempt to gain unauthorised access to the Website, including through the theft of any third party’s username and password; and
- the User will not attempt to gain unauthorised access to the Website’s server, databases, computers or any other device associated with the Website and will not attack the Website through a denial-of-service attack or a distributed denial-of-service attack.
- Any breach of these Terms regarding malicious software and offenses may be reported to the relevant law enforcement agencies and Avroy Shlain may co-operate in all respects with those law enforcement agencies, including by way of disclosure of the identity and identification information of the User.
- Although Avroy Shlain and its representatives will use reasonable efforts to ensure that no malicious content can be received from the Website, Avroy Shlain does not warrant that the Website is free of malicious content or viruses and Avroy Shlain will not be held liable for any loss resulting from a distributed denial-of-service attack, or any malicious content which may infect any User’s computer or device, computer equipment, data or any other propriety material where such loss is or may be attributed to the User’s use of the Website or downloads received from the Website.
- The User warrants that they will not use the Website in any manner that will break any law enforceable in South Africa or cause any annoyance, unnecessary anxiety or inconvenience to any person.
- The User warrants that:
Avroy Shlain’s Privacy Notice, which can be accessed at https://avroyshlain.wpdevelopment.co.za/privacy-policy/, describes the collection and use of personal information on this Website.
- CONTENT POSTED BY AVROY SHLAIN BEAUTY ADVISERS
- Avroy Shlain offers individuals the opportunity to market its products as Avroy Shlain Beauty Advisors, who are independent contractors and not employees of Avroy Shlain. We are not responsible or liable for the statements or acts of Avroy Shlain Beauty Advisors, whether through or in connection with this Website or otherwise.
- Avroy Shlain may provide Avroy Shlain Beauty Advisors with resources and tools (including but not limited to assistance with the creation of personalised online sites that contain Avroy Shlain branding and content and that may share URLs in whole or in part with this Website). You acknowledge and agree that neither Avroy Shlain nor any of its affiliates has control over, or is responsible or liable for, any text, images, or other information or materials posted by Avroy Shlain Beauty Advisors on the internet.
- The User acknowledges and agree that neither Avroy Shlain nor any of its affiliates has control over or is responsible or liable for any Avroy Shlain Beauty Advisor’s personalized online site or any materials communicated by them to you.
- THIRD-PARTY LINKS
- Certain content, products and services available on the Website may include materials from third parties (“Third Party Content”). Unless otherwise stated, Avroy Shlain is not affiliated or associated with the operators of any third-party websites or resources that link to or are linked from Avroy Shlain. We cannot ensure your satisfaction with any products or services that are available through any third-party website or resource that links to or is linked from the Avroy Shlain, because these third-party websites and resources are owned and operated by independent entities.
- Avroy Shlain chooses the addresses set out in 14 below as its addresses to which all notices and other communications must be delivered for the purposes of these Terms and its physical address in 2.14 below as its domicilium citandi et executandi (“Domicilium”) at which all documents in legal proceedings in connection with this Agreement must be served.
- Any notice or communication required or permitted to be given Avroy Shlain shall be valid and effective only if in writing and sent to its chosen address, provided that documents in legal proceedings may only be served at its Domicilium.
- SUSPENSION AND DEREGISTRATION
- Avroy Shlain reserves the right to at any time suspend or terminate the Website or any activity on the Website for any reason, including (without limitation) any unlawful use of the Website by any User or for any reasons relating to any law, legislation or regulation.
- In the event that the Website, any activity or event on the Website is suspended or terminated, a person shall have no claim against Avroy Shlain for whatever reason.
- GOVERNING LAW
These Terms shall be governed by and construed in accordance with the laws of South Africa without regard to its conflicts of laws principles. You agree that any dispute or claim arising out of or relating to this Agreement shall be resolved only in the courts located in South Africa and you hereby consent and submit to the jurisdiction of such courts for the purposes of litigating any such dispute or claim.
- VARIATION OF TERMS AND CONDITIONS
The User must review the most current version of the Terms at any time at this page. Avroy Shlain reserves the right, at its sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website. It is the User’s responsibility to check our website periodically for changes. The user’s continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
- CONTACT DETAILS
Merchant: Avroy Shlain Cosmetics Proprietary Limited
Registration number: 1992/002125/07
Physical address: 162 Tonetti Street, Growthpoint Business Park, Stand 8, Midrand, Johannesburg, South Africa.
Telephone number: +27 11 655 3500 or Customer Services 0860 114 182 (Share Call)