The main function of the Cutting Room website is to sell hair products and related goods to consumers and professionals online.
1. Full name of the owner of the website: Cutting Room Lonehill (PTY) LTD
2. Web address: https://cuttingroomonline.co.za
3. Registered address: ShopLl17 Lonehill shopping centre
4. Principle place of business: ShopLl17 Lonehill shopping centre
6. Terms and conditions are accessible on the website and are available upon request;
7. Customers may access a record of their transactions upon request.
WEBSITE TERMS AND CONDITIONS
Please note: We do not sell products for purchase by minors. We may sell children’s products for purchase by adults. If you are under 18 you may use the Website only with the involvement of a parent or guardian.
By using the Website, you agree to be bound by Cutting Room Lonehill (PTY) LTD terms and conditions at all material times.
- “Agreement” shall mean the Agreement set out in this document namely the terms and conditions of the Cutting Room website.
- “Communication” shall mean any communication by means of electronic transmission, including by website notice, telephone, fax, SMS, wireless computer access, email, mobile Application, USSD or similar technology or device;
- “Customer” shall mean any person/entity who purchases products or services through the Cutting Room website, including inter alia retailers, consumers and Professionals.
- “Intellectual Property Rights” shall mean copyright, trademark, patent or any other intellectual property right recognised by South African law.
- “Cutting Room ” shall mean Cutting Room Lonehill (PTY) LTD (registration number 2012/158401/07), a company duly registered and incorporated according to the company laws of the Republic of South Africa with its principal place of business stipulated in the manual.
- “Product” shall mean goods sold on the website from time to time.
- “Professionals” shall mean Customers who on-sell the Product and are qualified hairdressers
- “User” shall mean any person who enters the website.
- “Website” shall mean: (fill in)
- When a User visits the website or sends communications to Cutting Room, he or she consents to receive communications from CuttingRoom,
- Customers agree that any agreements or correspondence sent by Cutting Room satisfies the legal requirements, inter alia the requirement that certain communications should be reduced to writing and/or signed.
- Registration on the Website:
- Is compulsory for Professionals.
- Optional for ad hoc purchasers or Website Users.
DURATION AND COMMENCEMENT OF THIS AGREEMENT
- The terms and conditions of this Agreement are applicable to Users from the moment that they access the website,
- The terms and conditions that require registration, shall endure indefinitely until terminated by Cutting Room.
- Cutting Room does not remove registered user accounts from its systems, however, a Customer may request to have his/her account suspended and it will no longer be able to be used again.
- The User acknowledges that registration on the Cutting Room website will be strictly for the purposes of accessing services or products supplied by Sellers on the Cutting Room website with a view to purchasing services or Products online through the website.
- The Customer undertakes that its log-in and password will not be disclosed to third parties and will be used solely for personal use, and that the Customer will take the necessary precaution of keeping such information safe.
- Cutting Room shall not be liable for any security breeches occurring on the website whatsoever, including by virtue of the negligence of Cutting Room.
- Cutting Room shall not be liable for any security breeches resulting in a lack of virus protection or spyware that any User / Customers may have inadvertently installed on their device, or which may automatically install on the User’s device.
- It is the duty of all Users to ensure that their hardware and software is secure from threats which are found on the internet and that they back up their data regularly. Cutting Room shall not be liable for any failure to attend to the aforementioned.
- Upon registration to use the website, Customers will receive confirmation via email.
- Any person that delivers or attempts to deliver any damaging code to this Website or attempts to gain unauthorised access to any page on this Website shall be prosecuted and Cutting Room reserves its rights to both institute criminal proceedings against such persona and its employer and/or claim damages for any losses or damages it incurs from such person and/or its employer.
- Cutting Room shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of Website content by the User or any third party who obtained any content from the User.
- Apart from the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act 25 of 2002, the use of any information contained on this site is at the User’s own risk, and Cutting Room and its affiliates accepts no liability for the use of and / or reliance upon and / or inability to use any information of this site, nor shall they be liable in any manner for any losses or damages of any nature resulting from the direct or indirect use of and/or reliance upon the information contained on the website or websites linked to the website.
- All products or services purchased through the Cutting Room website are purchased by Customers entirely at their own risk, and the risk of loss, harm or damage shall not be borne by Cutting Room, or its representatives to such Customer whatsoever.
- It is the User’s responsibility to ensure that their software or hardware, as the case may be, is compatible with the website.
- Should Customers purchase products and/or services on the Website, and are unable to use such, Cutting Room will not be held liable and has no duty to refund the Customers. Returns are subject to Cutting Room’s returns policy.
- Communications expressed on this site should not be regarded as the opinion or view of Cutting Room will accept no liability resulting there from.
- Cutting Room, will accept no responsibility for losses or damages resulting from the reliance on information on the website, and Users should always seek professional advice before taking any course of action related to information, ideas or opinions expressed on this site.
- The Website is supplied in the form preferred by Cutting and is not catered per the requirements of an individual.
- Regarding any hyperlinks provided on the Website, Cutting Room not necessarily agree with the content thereof and accepts no liability incurred from the use of such hyperlinks.
- Users and/or Customers agree to indemnify and hold harmless Cutting Room, its officers, directors, employees, partners, suppliers and affiliates, from and against any losses, damages, fines and expenses (including attorney’s fees and costs) arising out of or relating to any claims that the User or Customer has used the Website in violation of another party’s rights, in violation of any law, in violation of any provisions of the terms, or any other claim related to the User’s use of the Website.
- Website Cookies: when entering the website, information such as user preference and activity may be stored and used by Cutting Room to improve the website’s functionality. Cookies may be disabled by Users.
- Although Cutting Room will try its best to ensure that prices are displayed correctly, some items may be inadvertently mispriced.
- Should a Product be mispriced, Cutting Room reserves its right to amend incorrect pricing without notice and shall not be liable for any losses/damages incurred by any other party who may have relied on the information displayed on the Website.
- Should a Product be ordered, and it has been mispriced, Cutting Room contact the Customer prior to dispatch and advise of the correct price. The Customer then has the option to:
- Cancel the purchase order,
- Purchase at the amended, correct, price.
- If a Product’s correct price is lower than Cutting Room’s stated price, Cutting Room will charge the lower amount.
- Prices may vary without notice.
- Any prices displayed on the Website or placed in the shopping basket may be subject to change, update or variation by Cutting Room without notice.
- Prices quoted:
- Include VAT,
- Do not include delivery charges which will be levied,
- Do not include any taxes or duties which may be imposed on the purchase of the product
- The User is guided through the ordering process, which commences when a User selects a product and quantity thereof. The item is then placed into an online shopping basket.
- The User then agreed with Cutting Room’s terms of sale, in addition to these terms and conditions.
- The User must stipulate the address of delivery and make payment.
- Cutting Room relies solely on the User’s input and does not verify the correctness of the User’s information provided.
- Once the order is complete, a confirmation is sent and Cutting Room will deliver the Products in terms of these terms and conditions.
USE OF PRODUCTS PURCHASED ON THE WEBSITE
Cutting Room is merely a gateway through which the Products can be purchased online.
- All persons using Products purchased on the Website do so at their own risk.
- Products purchased may require professional application. The person using or applying such Product is fully responsible for acquainting themselves, and those whom they are applying the Product on, with the instructions, ingredients, risks and warnings thereon.
- Cutting Room cannot be held liable for misuse, allergic reactions, negligence, ingestion or any other form of harm caused by the use or application of Products purchased on the Website.
- Cutting Room does not test Products and does not warrant that Products purchased through the Website are suitable for the User’s needs and makes no representation as to the quality of the Products advertised.
Cutting Room chooses its domicilium citandi et executandi for all notices, correspondence or court process at:
Physical address: ShopLl17 Lonehill shopping center
Email address: Cuttingroomlonehill@gmail.com
The Customer chooses its domicilium citandi et executandi as the email address it registers with.
- JURISDICTION AND GOVERNING LAW
- This Agreement shall be governed by and construed in accordance with the laws of the Republic of South Africa, notwithstanding the location that the User or Customer accesses or uses the website from.
- Cutting Room shall nevertheless have the right to institute proceedings in any other competent court which may otherwise have jurisdiction should it choose.
- For the purposes of any legal proceedings herein, the User consents to the jurisdiction of the Magistrates Court otherwise having jurisdiction, under section 28 of the Magistrates Court Act 32 of 1944 as amended, notwithstanding that such proceedings are otherwise beyond the jurisdiction. This clause shall be deemed to constitute the required consent conferring jurisdiction on the said court pursuant to section 45 of the Magistrates Court Act 32 of 1944. Should Cutting Room choose, it may institute an action in any other competent court including the High Court of South Africa.
- This Agreement (together with the policies of Cutting Room and terms of sale) constitutes the entire Agreement between Cutting Room and the User / Customer with regard to the use of the content and this website. In the event that the User wishes to register on the Cutting Room website, the terms and conditions of registration and granting of, together with these terms and conditions will constitute the entire Agreement between the Cutting Room and Customer or the User (as the case may be) with regard to the use of the content and this website.
- If any provision of this Agreement is held to be invalid or unenforceable or contrary to any law for any reason, that provision is fully severable from the remaining provisions of this Agreement. Such invalid or unenforceable parts shall be considered pro-non-scripto.
- Cutting Room reserves the right to amend its website and/or this Agreement or any part(s) thereof. This includes the addition and removal of any of the terms and conditions of this Agreement and the features of the website.
- Cutting Room may modify its terms and conditions at any time. Modifications will be provided by notice via email to registered Users or by publishing the changes on the website. Nevertheless, it is the User’s duty to acquaint itself with the contents of the website’s terms and conditions and be aware that same may change from time to time at the discretion of Cutting Room.
- If you do not understand any of the terms and conditions of Cutting Room, you are encouraged to contact us and we will gladly be of assistance.