These Terms and Conditions (“the Terms and Conditions”) govern your use as “the User” of the Healthinista (“Provider”) website located at the domain name www.healthinista.co.za (“the Website”).

By accessing and using the Website, the User agrees to be bound by the Terms and Conditions set out in this legal notice. The User may not access, display, use, download, and/or otherwise copy or distribute Content obtained on the website for marketing and other purposes without the consent of the Provider.

Electronic Communications

By using this Website or communicating with the Provider by electronic means, the user consents and acknowledges that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be in writing.

E-Commerce & Privacy

The use of any product bought from this Website is at the purchaser’s risk. The purchaser/ user indemnifies and holds the Provider harmless against any loss, injury or damages which may be sustained as a result of using the products sold on the Website.

The private information required for executing the orders placed through the e-commerce facility, namely the User’s personal information and credit card details, delivery address and telephone numbers will be kept in the strictest confidence by the Provider and not sold or made known to third parties. Only the necessary information, that is the delivery address and contact phone number will be made known to third parties delivering the product.

The Provider undertakes that it has taken all reasonable precautions to secure the credit card processing that is carried out to receive payment for goods sold. The Provider cannot be held responsible for security breaches occurring on the User’s electronic device (Personal Computer or other electronic device used to browse the Website), which may result due to the lack of adequate virus protection software or spyware that the User may inadvertently have installed on his/her device.

Cookies

A cookie is a basic text file that is stored on your device by a website’s server. It contains completely anonymous information such as a unique identifier and the website name. This allows a website to remember things like your personal preferences, products you prefer or what’s in your shopping basket.

Our Website utilises first and third party cookies. This enables us to improve the User’s experience on our Website through various means such as storing preferences (like keeping a User logged in) or determining aggregate usage behaviour (time on site, number of pages viewed etc.) through web analytics tools like Google Analytics.

Cookie Opt out

Most web browsers provide the option to block some or all cookie types should you wish to. Users can also opt out of the Google Display Network using the Ads Preferences Manager. Because many of our Website’s features utilise cookies, we recommend that Users do not block them.

Cancellation of Orders

Cancelled orders on the e-commerce facility will be refunded after deduction of a 10% charge for administration costs. The Provider reserves the right to cancel an order for which payment has already been received. This may occur if stock is insufficient or the quality of goods ordered does not meet the Provider’s standards. Should the Provider exercise this right, the User will receive a full refund with no deductions.

Any complaints regarding the standard and quality of the product or products bought by consumers through the e-commerce facility should be directed to admin@healthinista.co.za.

Returns policy

We want you to be 100% happy with your purchase from Healthinista. If there is anything you are unhappy with and if you wish to return a product, please email us on admin@healthinista.co.za stating the reason for return. Items should be unopened with the original packaging completely in tact.

We will either issue a replacement product or a full refund for the wrong item being dispatched by us (once we receive the returned product). We will take postage and packaging charges into account if the fulfilment of your order was incorrect. Items must be unused and unopened and safety seals in place if appropriate.

The cost of postage and packing of returns for any other reason must be covered by the customer and will receive a refund once we receive the returned product. Healthinista reserves the right to charge a 10% administration fee on refunds.

All returns must reach us by 20 working days of receiving your order. Items must be unused and unopened. The original packaging and labelling must still be attached. These conditions do not affect your statutory rights as a consumer. If a refund is deemed necessary, we can only refund the debit/credit card that was used originally for purchase.

Refunds will only take place once the retuned products have been received by Healthinista.

Our Returns Address is:

186 Main Road
Walmer
Port Elizabeth

6007

Phone: +27 (41) 581 5386 / +27 (63) 029 5767

The Provider reserves the right to cancel an order for which payment has already been received.  This may occur if stock is insufficient or the quality of goods ordered does not meet the Provider’s standards. Should the Provider exercise this right, the User will receive a full refund with no deductions. Any complaints regarding the standard and quality of the product or products bought by consumers through the e-commerce facility should be directed to Healthinista via our Contact Us page.

Export restriction

The offering on this website is currently available to South African clients and delivery addresses only, unless special arrangement is made before placing an order.

Payment Options

Payment may be made via Visa or MasterCard or by bank transfer into the Provider’s bank account, the details of which will be provided after checkout.

Credit card acquiring and security

Credit card transactions will be acquired for the Provider via Payfast (Pty) Ltd. Payfast use Extended Validation SSL with 256-bit encryption. Only two of the four major South African banks use this high level of encryption currently available. Users may go to www.payfast.co.za to view their security certificate and security policy.

Customer details separate from card details

Customer details will be stored by the Provider separately from card details which are entered by the client on Payfast’s secure site. For more detail on Payfast please refer to www.payfast.co.za.

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).

Updating of these Terms and Conditions

Provider reserves the right to change, modify, add to or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User’s obligation to periodically check these Terms and Conditions at the Website for changes or updates. The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.

Copyright and Intellectual Property Rights

Provider provides certain information at the Website. Content currently or anticipated to be displayed at this Website is provided by Provider, its affiliates and/or subsidiary, or any other third party owners of such content, and includes but is not limited to Literary Works, Musical Works, Artistic Works, Sound Recordings, Cinematograph Films, Sound and Television Broadcasts, Program-Carrying Signals, Published Editions and Computer Programs (“the Content”). All such proprietary works, and the compilation of the proprietary works, are copyright the Provider, its affiliates or subsidiary, or any other third party owner of such rights (“the Owners”), and is protected by South African and international copyright laws. The Providers reserve the right to make any changes to the Website, the Content, or to products and/or services offered through the Website at any times and without notice. E-mail addresses, names, telephone numbers and fax numbers on the Website may not be incorporated into any database used for electronic marketing or similar purposes.

All rights in and to the Content is reserved and retained by the Owners. Except as specified in these Terms and Conditions, the User is not granted a license or any other right including without limitation under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content.

Limited License to General Users

Provider grants to the User, subject to the further terms of these Terms and Conditions, a non-exclusive, non-transferable, limited and revocable right to access, display, use, download and otherwise copy the current and future Content for personal, non-commercial and information purposes only.

This Website and the Content may not be reproduced, duplicated, copied, resold, visited or otherwise exploited for any commercial purpose without the express prior written consent of Provider. The license does not allow the User to collect product or service listings, descriptions or other information displayed here, and does not allow any derivative use of this Website or the Content for the benefit of another merchant. The User may not frame nor use framing technologies to enclose the Provider Website or the Content nor any part thereof without the express written consent of Provider. Provider and the Owners do not offer products or services to minors. If you are under the age of 18, you may not respond to or otherwise accept or act upon any offers in the Website.

The User agrees not to infect the Website with any computer programming (such as a virus) that may damage, interfere with, delay or intercept any data or information on the Website and the User agrees to pay for any monetary or other loss the Provider may incur as a result of such infection of the Website by the User.

Provider and the Owners, their affiliates or subsidiary reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. Any unauthorised use terminates this license.

Limitation of liability

The Website and all Content on the Website, including any current or future offer of products or services, are provided on an “as is” basis, and may include inaccuracies or typographical errors. The Owners make no warranty or representation as to the availability, accuracy or completeness of the Content.

Neither Provider nor any holding company, affiliate or subsidiary of Provider, shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the Content or the Website or any functionality thereof, or of any linked website, even if Provider is expressly advised thereof. Provider cannot guarantee that use of the Website will always be uninterrupted or that it is free from becoming infected by viruses due to factors beyond our control. Access to the Website may sometimes be restricted due to repairs or maintenance of the Website. Provider cannot assume any responsibility for lack of functionality that is dependent on the User’s browser or other third party software.

Privacy: casual surfing

The User may visit the Website without providing any personal information. The Website servers will in such instances collect the IP address of the User computer, but not the email address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent at the Website, pages viewed, etc. The Provider uses this information to determine use of the Website, and to improve content thereon. Provider assumes no obligation to protect this information, and may copy, distribute or otherwise use such information without limitation. 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

Choice of Law

This Website is controlled, operated and administered by Provider from its offices within the Republic of South Africa. Access to the Website from territories or countries where the content or purchase of the products sold on the Website is illegal is prohibited. The User may not use this Website in violation of South African export laws and regulations. If the User accesses this Website from locations outside of South Africa, that User is responsible for compliance with all local laws. These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the Cape Town High Court in the event of any dispute. If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. These Terms and Conditions constitute the entire agreement between the Provider and the User with regard to the use of the Content and this Website.

Contact Information

This website is run by the Healthinista team based in South Africa trading as Healthinista Pty Ltd.

If you have any questions, queries or wish to request permission to use any part of this website, please contact us at:

Physical address:
 186 Main Road, Walmer, Port Elizabeth, 6007

Email address: admin@healthinista.co.za


Tel: +27 41 581 5386 / +27 63 029 5767

A copy of the ECT Act is available at http://www.internet.org.za/ect_act.html.