Avon Terms and Conditions Of Purchase
1. Who we are and contacting us
We are Avon Justine (Pty) Ltd, a company registered in South Africa with registration number 1964/002772/07. Our address is Woodlands Office Park, 20 Woodlands Drive, Woodmead, Johannesburg. You can contact us at queries@avon.com or call our relationship centre at +27 87 011 2866. You can also send an email to queries@avon.com.
2. Our Products
a) Pictures, illustrations or descriptions or any other information submitted or contained in this website, our brochures, the Avon On App, or other advertising matter are for general information and guidance. There may be minor variations between the products as shown or described on our website and those dispatched to you without affecting their function, quality or price. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the products. The packaging of the products may vary from that shown on images on our website or brochures.
3. Our purchase contract with you
a) Our website or App will guide you through the steps you need to take to place an order with us.
b) Our online order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process. After you place an order, you will receive an e-mail or SMS from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted.
c) We will confirm our acceptance to you of your online order by sending you an email or SMS to the email address you have given to us. The contract of sale between you and us will only be formed when (and not before) we (i) have received settlement of all sums due in respect of the products and (ii) have sent you the order confirmation. You may not cancel or vary your order once it has been accepted.
d) Whilst we try to ensure that we have all the products shown in stock, we cannot guarantee availability. If we are unable to supply you with a product, for example because that product is not in stock or no longer available or because of an error in the price on our website, we will not process this product with your order and you will receive notification within the rest of your order.
4. Product Prices and Payment
a) The prices of the products will be as quoted on our website from time to time. We take all reasonable care to ensure that prices shown on our website are accurate at the time you place your order. If an error is found, we will inform you as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling your order. If you cancel, we will refund or re-credit you for any sum that has been paid by you.
b) Prices for our products may change from time to time, but changes will not affect any order which we have confirmed. The price of a product includes VAT. The price of a product does not include delivery charges. Our delivery charges are as quoted when you complete your online order.
c) Payment for products ordered can be made by any method shown in this website at the time you place your order. All payments are taken in South African Rands. Payment for the products and all applicable delivery and other charges is in advance.
5. Delivery
a) The costs of delivery by courier will be displayed to you during checkout.
b) We will do our best to deliver your products within the delivery times specified, but we are not responsible for delays outside our control. We will not be liable for any loss or damage suffered by you through any reasonable or unavoidable delay in delivery.
6. Your right of cancellation and refund
a) Avon offers a 100% satisfaction promise, so if you don't like any of your purchases for whatever reason, simply return them within 60 days of the date on our invoice, and we'll give you a replacement or your money back. This promise is in addition to your statutory rights. Please contact our Relationship Centre to arrange the return of your product via courier.
b) You will receive a full refund of the price you paid for the products.
7. Our liability to you
SECTION 7 ONLY APPLIES IF YOU ARE A CONSUMER
a) We only supply the products for domestic and private use. If you wish to re-sell our products, you may enter into a representative agreement with us. You will find detail on our website. Should you not wish to enter into a representative agreement, you agree that you will not to use the products for any commercial, business or re-sale purposes. We will not be under any liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
b) We do not in any way exclude or limit our liability for our wilful unlawful misconduct, our fraud or fraudulent misrepresentation; or to the extent that we cannot excluded our liability by law.
c) We do not give any representation, warranties or undertakings in relation to the products. In particular, we will not be responsible for ensuring that the products are suitable for your purposes. We shall also be under no liability in respect of any defect in the goods arising from fair wear and tear, wilful damage, negligence, abnormal usage conditions, failure to follow our instructions, misuse or alteration or repair of the ordered goods without our approval.
d) This section 7 does not affect or exclude your statutory rights or claims.
8. If you are a Representative
a) We will not be liable to you, whether in contract, delict (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the contract for any loss of profits, sales, business, or revenue; loss or corruption of data, information or software; loss of business opportunity; loss of anticipated savings; loss of goodwill; or any indirect or consequential loss. Our total liability to you in respect of all other losses arising under or in connection with any agreement with you, whether arising in contract, delict (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the products ordered by you, or R100, whichever is higher. This does not affect your statutory rights.
9. Our right to vary these terms
a) We may revise these terms at any time but, in respect of any ordered goods, the terms and conditions which apply shall be those which you accepted when you placed your order. We will post the new version of the terms on the website and any orders placed after this time will be subject to the new version.
10. Events outside of our control
a) We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any contract that is caused by an Event Outside Our Control. An Event Outside Our Control means any act or event beyond our reasonable control. If an Event Outside Our Control takes place that affects the performance of our obligations under a contract our obligations under a contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
11. Other important terms
a) We may transfer our rights and obligations under a contract to another organisation, but this will not affect your rights or our obligations under these terms. You may only transfer your rights or your obligations under these terms to another person if we agree in writing. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
b) Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
c) If we fail to insist that you perform any of your obligations under these terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
d) These terms are governed by South African law and you can bring legal proceedings in respect of the products in the South African courts.