Terms of service

TERMS OF SERVICE

INTRODUCTION
1. This website can be accessed at https://cosmoshealing.co.za (the “Website”) and is owned and operated by Caroline Palframan (“Cosmos Healing”, “we”, “us” and “our”).
2. These Website Terms of Service (“Terms and Conditions”) govern the ordering, sale, and delivery of Goods and Services, and the use of the Website.
3. These Terms and Conditions are binding and enforceable against every person that accesses 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 the box stating “I have read and agreed with the terms of service” on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
4. The Website enables you to shop online for supplements, tinctures, oils, teas and other products (“Goods”).
5. The Website also enables you to book consultations and cleanses (“Services”).

IMPORTANT NOTICE
1. To the extent that you are regarded as a consumer in terms of the Consumer Protection Act, 68 of 2008 (the “CPA”), and notwithstanding the foregoing, these Terms and Conditions shall also apply to users who are consumers for purposes of the CPA.
2. Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
3. If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Cosmos Healing to explain it to you before you accept the Terms and Conditions or continue using the Website.
4. 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 Cosmos Healing in terms of the CPA.

MEDICAL INFORMATION OR ADVICE
1. Cosmos Healing does not provide or offer any medical advice or diagnoses. The content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Cosmos Healing website. You should always consult with your physician or healthcare professional prior to trying any new supplement or using any health-related information. Always remember to contact your healthcare professional if you suspect that you have a medical condition. Information and statements on this site are for informative purposes only, and are not intended to diagnose, treat, or prevent any disease or health condition.
2. The use of these contents is forbidden in those places where the law does not allow this disclaimer to take full effect.
3. These Goods have not been evaluated by the SAHPRA for their quality, safety or intended use. The Goods are not intended to diagnose, treat, cure or prevent any disease. Please consult your health care practitioner before consuming any product. Consult your doctor if you are pregnant or breastfeeding.
4. The Services are not therapy, counselling, advice-giving, mental health care, or treatment for substance abuse. The Services are not intended to diagnose, treat, cure or prevent any disease. You understand and acknowledge that Cosmos Healing is not functioning as a licensed health professional and coaching is not intended as a replacement for counselling, psychiatric interventions, treatment for mental illness, recovery from past abuse, professional medical advice, financial assistance, legal counsel, or any other professional services.

CONCLUSION OF SALES AND AVAILABILITY OF STOCK
1. Registered users may place orders for Goods, which Cosmos Healing may accept or reject. Whether or not Cosmos Healing accepts an order 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 Cosmos Healing for the Goods.
2. Cosmos Healing will indicate the acceptance of your order by delivering the Goods to you, and only at that point will an agreement of sale between you and Cosmos Healing come into effect (the “Sale”). This is regardless of any communication from Cosmos Healing stating that your order or payment has been confirmed. Cosmos Healing will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
3. Placing Goods in a shopping basket without completing the purchase cycle does not constitute an order for such Goods, and as such, Goods may be removed from the shopping basket if stock is no longer available, or the price thereof might change without notice to you. You cannot hold Cosmos Healing liable if such Goods are not available, or are not available at the particular price when you complete or attempt to complete the purchase cycle at a later stage.
4. You acknowledge that stock of all Goods on offer is limited and that pricing may change at any time without notice to you. In the case of Goods for sale by Cosmos Healing, Cosmos Healing will take all reasonable efforts 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 placed an order, Cosmos Healing will notify you and you will be entitled to a refund of any amount already paid by you for such Goods.

PAYMENT OPTIONS AND PRICING

All transactions will be processed in South African Rands (ZAR).
We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
Payment for Goods and Services can be made via PayFast.
Cosmos Healing reserves the right to change pricing at any time without prior notice.

DELIVERY OF GOODS
1. Cosmos Healing delivers Goods to you via courier. Our delivery charges are subject to change at any time, without prior notice to you. You will see the applicable delivery charges in your cart when you check out.
2. Where we accept your order, we will deliver the Goods to you as soon as reasonably possible, but no later than 14 (fourteen) days of receipt of your payment (“Delivery Period”). We will notify you if we are unable to deliver the Goods during the Delivery Period. You may then, within 7 (seven) days of receiving such notification elect whether or not to cancel your order for the Goods. If you elect to cancel your order, we will reimburse you for the purchase price.
3. Cosmos Healing’s obligation to deliver a product to you is fulfilled when we deliver the product to the physical address nominated by you for delivery of the order. Cosmos Healing is not responsible for any loss or unauthorised use of a product, after it has delivered the product to the physical address nominated by you.

DELIVERY OF SERVICES
1. Cosmos Healing delivers Services via online platforms such as WhatsApp, Telegram, Google Meet or Zoom.
2. Upon receipt of payment, Cosmos Healing will liaise with you to book a consultation or cleanse at a mutually agreeable time.
3. Cosmos Healing’s obligation to deliver a service to you is fulfilled once the consultation or cleanse has concluded.

RETURNS AND REFUNDS OF GOODS
1. All orders are dispatched via courier. A delivery being delayed is not grounds for return or refund.
2. You accept that for us to prove delivery of an order, we do not have to prove that you personally received the goods, but rather that any person at the delivery address signed for the delivery.
3. Products may be returned only when defective, damaged or if the product supplied is not the same product as what was ordered.
4. If the Goods are defective in any way this must be reported as soon as reasonably possible after the product has been delivered to you and must be returned to us within a period of 7 days after delivery.
5. If the Goods are not the same as what was ordered this must be reported within 24 hours of delivery. Any damage must also be immediately reported, within 24 hours of delivery.
6. If the Goods have been approved for return, we will notify you and either arrange for our couriers to collect the item from you or request that you post it back to us.
7. If you are returning Goods via courier or post office please package it carefully so that it does not become damaged enroute.
8. The replacement of defective items is at the sole discretion of Cosmos Healing.
9. Any approved refunds will be issued to the same means of payment initially used to purchase the goods. For instance if you paid using an online bank transfer, the refund will be issued to your bank account. The availability of the money in your bank account largely depends on how quickly your bank processes the refund operation. It may take from 5 to 30 business days.

RETURNS AND REFUNDS OF SERVICES

Cosmos Healing does not offer refunds for Services.

CHANGES TO THESE TERMS AND CONDITIONS

Cosmos Healing may, in its sole discretion, change any of these Terms and Conditions at any time. It is your 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 use, the Website.

ELECTRONIC COMMUNICATIONS

When you visit the Website or send emails to us, you consent to receiving communications from us or any of our divisions, affiliates or partners electronically in accordance with our Privacy Policy.

INTELLECTUAL PROPERTY OF THE WEBSITE

Subject to the express provisions of these Terms and Conditions, we own and control all the copyright and other intellectual property rights on our Website and the material on our Website. All intellectual property rights are reserved.
The content of the Website, including any material, 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 trademark law. The Website Content is the property of Cosmos Healing, its advertisers and/or sponsors and/or is licensed to Cosmos Healing.
You will not acquire any right, title or interest in or to the website or the Website Content.
Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in these Terms and Conditions or otherwise provided for in law.
Where any of the Website Content has been licensed to Cosmos Healing 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.

DISCLAIMER
1. The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.
2. Whilst Cosmos Healing takes reasonable measures to ensure that the content of the Website is accurate and complete, Cosmos Healing makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. If any such representations or warranties are made by Cosmos Healing’s representatives, Cosmos Healing shall not be bound thereby.
3. Cosmos Healing disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.
4. The Website and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
5. Any views or statements made or expressed on the Website are not necessarily the views of Cosmos Healing, its directors, employees and/or agents.
6. In addition to the disclaimers contained elsewhere in these Terms and Conditions, Cosmos Healing also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of Cosmos Healing, its employees, agents or authorised representatives. Cosmos Healing thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.

LINKING TO THIRD PARTY WEBSITES
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 Cosmos Healing is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.
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.
LIMITATION OF LIABILITY
1. Cosmos Healing cannot be held liable for any inaccurate information published on the Website, save where such liability arises from the gross negligence or wilful misconduct of Cosmos Healing, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors.
2. COSMOS HEALING 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.
3. YOU HEREBY INDEMNIFY COSMOS HEALING 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.

AVAILABILITY AND TERMINATION
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.
2. Cosmos Healing may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that Cosmos Healing will not be liable to you 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.
3. If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Service, 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.
4. Cosmos Healing is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website to blacklist you on its database (including suspending or terminating your access to the Website), refuse to accept or process payment on any order, and/or to cancel any order concluded between you and Cosmos Healing, in whole or in part, on notice to you. Cosmos Healing shall only be liable to refund monies already paid by you and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.
5. At any time, you can choose to stop using the Website, with or without notice to Cosmos Healing.

GOVERNING LAW AND JURISDICTION
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.
2. In the event of any dispute arising between you and Cosmos Healing, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Western Cape Division, Cape Town) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
3. Nothing in this clause 12 or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.

Restrictions
1. You may not:
  1. publish or mirror any of this Website’s material in any media whatsoever;
  2. use this Website for any objectionable or unlawful purpose, including the posting of any threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, profane or spam material;
  3. take any action that may impose an unreasonable or disproportionately large load on this Website’s infrastructure of any nature;
  4. use this Website in any manner would result in a user breaching any applicable legislation or licensing obligations (including with respect to privacy) or any obligations a user may owe to third parties;
  5. conduct any activity which compromises or breaches any third-party’s patent rights, trademark, copyright or other intellectual property rights;
  6. introduce any virus, worm, trojan horse, malicious code or other program which may damage computers or other computer-based equipment of Cosmos Healing or affect the performance of this Website;
  7. engage in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website;
  8. use this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;
  9. use this Website to engage in any advertising or marketing other than in a manner expressly permitted by the Website;
  10. crawl, spider or scrape the content of the Website, except to the extent required by recognised search engines (e.g. Google) for the purposes of indexing this Website; or
  11. provide unauthorised interfaces to the Website.

NOTICES
1. Cosmos Healing hereby selects cosmoshealing@protonmail.com as the email address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”). Cosmos Healing may change this legal address from time to time by updating these Terms and Conditions.
2. You hereby select the delivery address and email address specified with your order as your legal address, but you may change it to any other physical address or email address by giving Cosmos Healing not less than 7 days’ notice in writing.
3. Notices must be sent by email and must be in English. All notices sent by email will be deemed to have been received 24 (twenty four) hours after it was sent.

GENERAL
1. Cosmos Healing 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.
2. You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
3. Any failure on the part of you or Cosmos Healing to enforce any right in terms hereof shall not constitute a waiver or relaxation of that right.
4. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
5. No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
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.
7. These Terms and Conditions contain the whole agreement between you and Cosmos Healing and no other warranty or undertaking is valid unless contained in this document between the parties.