Skindrop Shop
0

Terms and Conditions

Terms of sale and use of the SkinDrop online store

1. DEFINITIONS

Unless the context indicates otherwise:

“Account” means the Customer’s registered account on the Website. 

“Applicable Law” means the laws of the Republic of South Africa applicable to these Terms. 

“Business Day” means any day other than a Saturday, Sunday or South African public holiday. 

“Customer” means any person who accesses the Website or purchases Products through the Website. 

“Order” means an offer by the Customer to purchase Products through the Website. 

“Product” means any goods or digital products offered for sale on the Website. 

“Website” means the SkinDrop online store located at huttonmedical.co.za.

2. ABOUT US

This website, huttonmedical.co.za (the “Website”), and the SkinDrop online store are operated by Wellness on Route (Pty) Ltd (“Hutton Medical”, “we”, “us”, “our”), a private medical practice registered in South Africa and trading as Hutton Medical.

  1. Company registration number: 2018/510982/07
  2. Practice number (Board of Healthcare Funders): PR 0600199
  3. Place of registration: Republic of South Africa
  4. Director: Michelle Claire Hutton
  5. VAT number: 4510 284 500
  6. Registered/physical address: 4 Longships Drive, Plettenberg Bay, 6600, South Africa
  7. Address for service of legal documents: 4 Longships Drive, Plettenberg Bay, 6600, South Africa
  8. Email: [email protected]
  9. Telephone: +27 (0)44 533 0518

Professional registrations. Hutton Medical is a private medical practice. Its practitioners are individually registered with the Health Professions Council of South Africa (HPCSA). The responsible practitioner is Michelle Claire Hutton, HPCSA registration number MP0748781. The HPCSA may be contacted on +27 (0)12 338 9300 or at hpcsa.co.za. The practice is also registered with the Board of Healthcare Funders (BHF) under practice number PR 0600199. The BHF may be contacted on +27 (0)11 537 0200 or at bhfglobal.com.

Code of conduct. The practice and its practitioners are bound by the ethical rules, guidelines and professional conduct standards published by the HPCSA, which are available at hpcsa.co.za/ethics.

These Terms & Conditions (“Terms”) are provided in accordance with the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”) and govern your use of the Website and any purchase you make through it.

3. ACCEPTANCE OF THESE TERMS

By accessing the Website, creating an account, or placing an order, you confirm that you have had a reasonable opportunity to read and agree to be bound by these Terms, our Privacy Policy, and our Refund & Return Policy. If you do not agree, please do not use the Website.

These Terms, our Privacy Policy and our Refund & Return Policy are linked in the footer of every page of the Website and remain available to you at all times, both before and after you place an Order. You may download, save, print and reproduce a copy of any of them for your own records.

4. ELIGIBILITY

You must be at least 18 years old and legally able to enter into a binding contract to purchase from the Website. Products intended for minors (for example paediatric skincare) must be purchased by a parent or legal guardian.

5. PRODUCTS, MEDICAL-GRADE ITEMS AND ACCURACY

We take care to describe and price our products accurately. Product images, packaging and other visual representations are for identification and informational purposes and may vary slightly. Formulations, ingredients, packaging, instructions and specifications may change from time to time, and you should read the product label, warnings and directions before use. Certain products are medical-grade or professional-strength and may require prior consultation or professional guidance to use safely. We do not warrant that product descriptions or other content are complete or error-free, and reserve the right to correct errors.

6. MEDICAL DISCLAIMER

Hutton Medical is a private practice and is not contracted with medical aids. Product descriptions, skincare information, articles, guides, recommendations and other content provided through SkinDrop are for general informational purposes and do not constitute individual medical advice, diagnosis or treatment unless expressly stated otherwise. Always consult a suitably qualified healthcare provider before starting any new product, treatment or wellness programme. If you have a diagnosed skin condition, allergy or sensitivity, are pregnant or breastfeeding, take prescription medication, or are unsure whether a Product is suitable for you, you should obtain advice from an appropriately qualified healthcare professional where reasonably necessary. Individual results vary, and no specific outcome is guaranteed. 

7. PRICES AND PAYMENT

All prices are shown in South African Rand (ZAR) and are inclusive of VAT. Delivery charges and other applicable fees will be disclosed before you place your Order and will form part of the total amount payable. We take reasonable steps to ensure that prices are accurate, but may correct an obvious or inadvertent pricing error before accepting an Order. In such circumstances, you will be notified and, where appropriate, given the option to proceed at the corrected price or withdraw the affected Product. Prices may change at any time, but changes will not affect orders we have already accepted. Payment may be made using the methods available at checkout and will be processed through PayStack, our secure payment service provider. We do not store your full card details on our systems. Orders are only dispatched once payment has been received in full. 

8. ORDERS AND ACCEPTANCE

Before submitting an Order, you will have an opportunity to review and amend the Products, quantities, prices, delivery charges, fees and your delivery and contact details, and correct any errors. By submitting an Order, you make an offer to purchase the selected Products on the terms displayed at checkout. An automated acknowledgement of receipt does not, unless expressly stated otherwise, constitute acceptance. A sale will be concluded when Hutton Medical confirms acceptance of the Order and/or dispatches the Product, subject to Product availability and successful payment. We may reject or cancel an Order before acceptance where reasonably necessary, including due to unavailability, payment failure, an incorrect Product or price, suspected fraud or unlawful activity, or legal restrictions on supply. If payment has already been received, any amount paid for an affected Product will be refunded in accordance with applicable law and our Refund and Returns Policy.

Record of your transaction. When we accept your Order we send an order confirmation to the email address you supplied, setting out the Products, quantities, prices, delivery charge and total paid. A full record of every Order placed through your Account is also available at any time under “My account” on the Website, for as long as your Account remains open. We recommend that you save or print your order confirmation for your own records. If you checked out as a guest, or you need a copy of a record after closing your Account, email [email protected] and we will provide it.

9. SUBSCRIPTIONS (“SUBSCRIBE & SAVE”)

Subscriptions have no minimum duration and no lock-in period, and no cancellation fee or penalty applies. Some Products can be purchased on a recurring Subscription at a discount. By subscribing, you authorise Hutton Medical and its authorised payment service provider to collect the disclosed recurring amount at the frequency you select (for example, every 1, 2 or 3 months) until the Subscription is lawfully cancelled or terminated. If a recurring payment fails, we may retry the payment, request updated payment information and/or suspend the relevant shipment or Subscription until payment is received. You may pause, amend or cancel a Subscription at any time before the next billing date via your account or by contacting us at [email protected]. Orders already processed before cancellation will still be fulfilled and are not automatically refundable. Hutton Medical may cancel a Subscription where permitted by law, including following an unremedied material breach by the Customer.

10. SKINDROPS LOYALTY PROGRAMME

Our Skindrops loyalty programme lets you earn points (“Skindrops”) on qualifying purchases and actions and redeem them for discounts and rewards. Skindrops will be credited to your Account and may be redeemed only in accordance with the applicable programme rules. Unless expressly permitted by SkinDrop, Skindrops may not be transferred, sold, assigned or exchanged between Customers and are not redeemable for cash. Points and rewards may be subject to earning rates, minimum redemption thresholds, tier conditions and expiry. We may amend, suspend or withdraw the programme, or adjust point balances, where we reasonably suspect error, fraud or abuse. Full programme details are shown on the Website.

11. GIFT VOUCHERS

SkinDrop may issue Gift Vouchers that can be purchased through the Website and redeemed against eligible Products. Paid Gift Vouchers remain valid until the earlier of full redemption or 3 years from the date of issue, unless a longer period is expressly agreed. Gift Vouchers may be subject to reasonable restrictions disclosed at purchase, may not be exchanged for cash or resold, and are non-refundable except where required by law. 

12. DOWNLOADABLE PRODUCTS (GUIDELINES)

Where SkinDrop makes digital or downloadable Products available for purchase, they are licensed or supplied to you for personal, non-commercial use only and may not be reproduced, distributed, resold, published or commercially exploited without Hutton Medical’s prior written consent. Because access may be granted immediately, downloadable Products may be non-refundable once downloaded, to the extent permitted by law. This does not limit any cancellation, refund or other remedy available to you under ECTA, the CPA or other Applicable Law, including where the digital Product is faulty, defective or materially not as described.

13. DEVICES AND THIRD-PARTY PRODUCTS (E.G. MEDWAVE)

Certain devices and equipment featured on the Website are not sold or fulfilled by Hutton Medical. These items are provided for information only, and enquiries or purchases are directed to the relevant third-party supplier (for example MedWave). Any resulting sale is a contract between you and that third party, on their terms, and Hutton Medical is not responsible for the supply, warranty, servicing or performance of third-party products.

14. THIRD-PARTY WEBSITES

The Website may contain links to third-party websites for the convenience of Customers. Hutton Medical does not control or endorse such websites and accepts no responsibility for their content, products, services or privacy practices. Access to third-party websites is entirely at the Customer’s own risk.

15. DELIVERY

We deliver via The Courier Guy to addresses within South Africa. Orders are usually dispatched within one to two business days. Nationwide delivery usually takes a further two to five business days after dispatch, and overnight delivery is the next business day for orders placed before the daily cut-off. Deliveries within Plettenberg Bay are usually same day or the next business day, depending on the option selected. Delivery fees are shown at checkout, and all delivery timeframes are estimates only. You are responsible for ensuring that the delivery address and contact details supplied to us are accurate and complete. Risk in the Products remains with Hutton Medical until delivery to you or a person authorised by you to accept delivery. Please inspect your order on arrival and report any damage as soon as reasonably practicable (see our Refund & Return Policy). Delivery dates are estimates only and are not guaranteed. Hutton Medical shall not be liable for delays caused by circumstances beyond its reasonable control, including delays attributable to courier services, adverse weather conditions, industrial action, power interruptions or other force majeure events.

16. RETURNS, REFUNDS AND COOLING-OFF

Your rights to cancel, return goods and obtain refunds — including the 7-day cooling-off right for electronic transactions under ECTA and your rights in respect of defective goods under the Consumer Protection Act 68 of 2008 (“CPA”) — are set out in our separate Refund & Return Policy, which forms part of these Terms.

17. ACCOUNTS

You are responsible for keeping your account login details confidential and for all activity under your account. Notify us immediately of any unauthorised use. Hutton Medical may suspend or terminate an Account where reasonably necessary to address fraud, unlawful activity, misuse of the Website, a security risk or a material breach of these Terms.

18. REVIEWS AND USER CONTENT

If you submit a product review, photograph, comment or other content to SkinDrop (“User Content”), you confirm that it is your own, lawful and not misleading, does not infringe any third-party intellectual property, privacy or other rights, and does not contain another person’s personal or health information without their lawful consent. You grant Hutton Medical a non-exclusive, royalty-free licence to use, reproduce and display the User Content for purposes reasonably connected with the operation, promotion and marketing of SkinDrop. Hutton Medical may moderate, refuse to publish or remove User Content that it reasonably considers unlawful, misleading, inappropriate or otherwise inconsistent with these Terms.

19. WEBSITE AVAILABILITY

While Hutton Medical endeavours to ensure that the Website remains available at all times, uninterrupted access cannot be guaranteed. The Website may be suspended temporarily without notice for maintenance, upgrades, repairs or reasons beyond our reasonable control. Hutton Medical shall not be liable for any loss arising from the temporary unavailability of the Website.

20. WEBSITE SECURITY

The Customer undertakes not to:

  1. interfere with or attempt to interfere with the proper functioning of the Website; 
  2. gain unauthorised access to any part of the Website or its servers; 
  3. introduce viruses, malware or any other harmful code; 
  4. use the Website in any manner that is unlawful or may prejudice Hutton Medical or other users. 

Hutton Medical reserves the right to suspend or terminate access to the Website where any unlawful or prohibited conduct is suspected.

21. INTELLECTUAL PROPERTY

All content on the Website – including text, images, logos, the SkinDrop and Hutton Medical brands, and page design – is owned by or licensed to us and is protected by law. You may not copy, reproduce, modify, distribute, publish, exploit or otherwise use Website content or Hutton Medical’s intellectual property without our prior written permission. 

22. LIMITATION OF LIABILITY

  1. Nothing contained in these Terms shall exclude, limit or restrict any rights or remedies afforded to a Customer under the Consumer Protection Act 68 of 2008, the Electronic Communications and Transactions Act 25 of 2002, or any other applicable law, to the extent that such rights or remedies may not lawfully be excluded or limited.
  1. Subject to clause 22.1, Hutton Medical shall not be liable for any indirect, incidental, special, punitive or consequential loss or damage, including but not limited to loss of profits, loss of business, loss of revenue, loss of goodwill, loss of anticipated savings or loss of data, whether arising in contract, delict or otherwise, even if Hutton Medical has been advised of the possibility of such loss.
  1. Hutton Medical makes no warranty that the Website will operate uninterrupted, be error-free, secure or continuously available, or that it will be free from viruses, malware or other harmful components, although reasonable technical and organisational measures are implemented to safeguard the Website and Customer information.
  1. Customers acknowledge that the Products supplied through the Website are intended to be used strictly in accordance with the manufacturer’s instructions and any professional advice provided where applicable. Hutton Medical shall not be liable for any loss, damage or injury arising from:
  1. misuse or abuse of any Product; 
  2. use contrary to the manufacturer’s instructions or warnings; 
  3. use of Products after their expiry date; 
  4. failure to obtain appropriate medical advice where reasonably indicated; or 
  5. any inaccurate, incomplete or misleading information supplied by the Customer regarding allergies, medical conditions, pregnancy, medication or other relevant health information. 
  1. Hutton Medical shall not be responsible for any allergic reaction, sensitivity or adverse response experienced by a Customer where the Product supplied was not defective, appropriate warnings and instructions accompanied the Product, and the Product was used at the Customer’s own discretion.
  1. Hutton Medical shall not be liable for delays, interruptions or failures in the performance of its obligations resulting from circumstances beyond its reasonable control, including any event referred to in the Force Majeure clause.
  1. Hutton Medical shall not be responsible for the acts, omissions or defaults of independent third parties, including payment service providers, courier companies, internet service providers or manufacturers, except to the extent that liability is imposed upon Hutton Medical by applicable law.
  1. Subject to clause 22.1, Hutton Medical’s total aggregate liability arising from or relating to any Order, whether arising in contract, delict (including negligence) or otherwise, shall not exceed the total purchase price actually paid by the Customer for the Product or Products giving rise to the claim.
  1. Nothing in these Terms shall exclude or limit liability for:
  1. fraud or fraudulent misrepresentation; 
  2. gross negligence or wilful misconduct where such liability may not lawfully be excluded; 
  3. liability imposed by section 61 of the Consumer Protection Act in respect of harm caused by unsafe or defective goods; or 
  4. any other liability which cannot lawfully be excluded or limited under South African law.

23. INDEMNITY

You agree to indemnify us against reasonable claims, losses and costs arising from your breach of these Terms or your unlawful use of the Website, or infringement of a third party’s intellectual property or other rights through User Content or other material submitted by you. 

24. PRIVACY

We process personal information in accordance with the Protection of Personal Information Act 4 of 2013 (“POPIA”) and our Privacy Policy, which explains how we collect, use, share and protect your information, including health-related information.

25. FORCE MAJEURE

Hutton Medical shall not be liable for any delay or failure in performing any obligation under these Terms where such delay or failure results from circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, fire, flood, pandemic, epidemic, war, civil unrest, strikes, labour disputes, governmental action, power failures, telecommunications failures, internet outages, cyber-attacks or courier disruptions. Performance of the affected obligations shall be suspended for the duration of the force majeure event.

26. CHANGES TO THESE TERMS

We may update these Terms from time to time. The version published on the Website at the time of your order applies to that order. Please review the Terms periodically.

27. GOVERNING LAW AND DISPUTES

These Terms are governed by the laws of the Republic of South Africa, and you agree to the jurisdiction of the South African courts. If you have a complaint, please contact us first at [email protected] so we can try to resolve it.

Alternative dispute resolution. Nothing in these Terms limits your right to refer a complaint to the Consumer Goods and Services Ombud. If we are unable to resolve your complaint directly, you may contact the Ombud:

Consumer Goods and Services Ombud (CGSO)
292 Surrey Avenue, Ferndale, Randburg
Share call: 0860 000 272
Telephone: 011 781 2607
WhatsApp: 081 335 3005
Email: [email protected]
Website: www.cgso.org.za

28. GENERAL

If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be severed or, where legally permissible, interpreted or amended to the minimum extent necessary to make it lawful and enforceable, and the remaining provisions will continue in effect. These Terms, together with the Privacy Policy, Refund & Return Policy and any other policies expressly incorporated into these Terms, constitute the agreement between the Customer and Hutton Medical in respect of the Customer’s use of the Website and purchases made through SkinDrop. No failure or delay by Hutton Medical to exercise any right under these Terms will constitute a waiver of that right. Nothing in these Terms is intended to exclude, restrict or waive any right or remedy available to a Consumer under the CPA, ECTA or any other Applicable Law. No amendment, variation or waiver of these Terms shall be of any force or effect unless reduced to writing and published by Hutton Medical on the Website or otherwise expressly agreed to in writing by an authorised representative of Hutton Medical.

0