1. Introduction
    • These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Goods, and the use of the Website.
    • 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 on the “Register Now”/”Sign up” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
    • The Website enables you to shop online for Popsicle Dip Powder and The Essentials.
  1. Important Notice
    • Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
    • If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to email Popsicle Professional Nails to explain it to you before you accept the Terms and Conditions or continue using the Website.
  1. Returns
    • Kindly note that we are more than happy to issue a refund for your order if the goods have not left our premises as yet.
    • If you have been sent a tracking number, this means your goods have been dispatched.
    • By purchasing on popsiclenails.co.za you agree to our terms & conditions.
  1. Payment
    • We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
    • Payment can be made for Goods via –
      • credit card: where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we reserve the right to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation, your order for the Goods will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the Goods. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;
      • direct bank deposit or electronic funds transfer: if you pay via direct bank deposit or electronic funds transfer, payment must be made within 2 (two) days of placing your order. Popsicle Professional Nails will not accept your order if payment has not been received;
      • Instant EFT via Stripe;
    • Once you have selected your payment method and you accept these Terms and Conditions, you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.
  1. Delivery of goods
    • Popsicle Professional Nails offers delivery of Goods to you, which is via courier  
    • Popsicle will deliver the Goods to you as soon as reasonably possible, within 7 (seven) days of receiving order confirmation. We will notify you if we are unable to deliver the Goods during the Delivery Period.
    • Tracking Numbers will be sent one the order has left our premises.
  1. Privacy policy
    • We respect your privacy and will take all reasonable measures to protect it, as more fully detailed below.
    • Should you decide to register as a user on the Website, we may require you to provide us with personal information which includes but is not limited to –
      • your name and surname;
      • your email address;
      • your physical address;
      • your gender;
      • your mobile number; and
      • your date of birth.
    • Should your personal information change, please inform us and provide us with updates to your personal information as soon as reasonably possible to enable us to update your personal information.
    • You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
    • Subject to clause 10.6 below, we will not, without your express consent:
      • use your personal information for any purpose other than as set out below:
        • in relation to the ordering, sale and delivery of Goods;
        • to contact you regarding current or new Goods or services or any other goods offered by us or any of our divisions and/or partners (unless you have opted out from receiving marketing material from us);
        • to inform you of new features, special offers and promotional competitions offered by us or any of our divisions and/or partners (unless you have opted out from receiving marketing material from us); and
        • to improve your experience on our Website by, inter alia, monitoring statistical non-personal browsing habits, and to transact with us; or
      • disclose your personal information to any third party other than as set out below:
        • We are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, order of court or legal process served on us, or to protect and defend our rights or property.
        • We will ensure that all of our employees, third party service providers, divisions and partners (including their employees and third party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality and non-use obligations (save as permitted herein) in relation to your personal information.
        • We will –
          • treat your personal information as strictly confidential;
          • take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
        • Popsicle Professional Nails undertakes never to sell or make your personal information available to any third party other than as provided for in this policy, unless we are compelled to do so by law. In particular, in the event of a fraudulent online payment, Popsicle Professional Nails reserves the right to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.
        • Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.
        • If you disclose your personal information to a third party, such as an entity which operates a website linked to this Website or anyone other than Popsicle Professional Nails, POPSICLE PROFESSIONAL NAILS SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, HOWSOEVER ARISING, SUFFERED BY YOU AS A RESULT OF THE DISCLOSURE OF SUCH INFORMATION TO THE THIRD PARTY. This is because we do not regulate or control how that third party uses your personal information.
        • This Website makes use of “cookies” to automatically collect information and data through the standard operation of the Internet servers. “Cookies” are small text files a website can use (and which we may use) to recognise repeat users, facilitate the user’s on-going access to and use of a website and allow a website to track usage behaviour and compile aggregate data that will allow the website operator to improve the functionality of the website and its content. The type of information collected by cookies is not used to personally identify you. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature. Please note that cookies may be necessary to provide you with certain features available on our Website, and thus if you disable the cookies on your browser you may not be able to use those features, and your access to our Website will therefore be limited. If you do accept a “cookie”, you thereby consent to our use of any personal information collected by us using that cookie subject to the provisions of this clause 4. 

    GENERAL LEGAL TERMS

    1. Changes to these terms and conditions
      • Popsicle Professional Nails 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.
      • Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.
    1. Electronic communications
      • When you visit the Website or send emails to us, you consent to receiving communications from us or any of our divisions or partners electronically in accordance with our privacy policy as set out in clause 6 above.
    1. Ownership and copyright
      • The contents 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 trade mark law. The Website Content is the property of Popsicle Professional Nails, its advertisers and/or sponsors and/or is licensed to Popsicle Professional Nails.
      • 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 terms of these Terms and Conditions or otherwise provided for in law. To obtain permissions for the commercial use of any Website Content contact info@popsiclenails.co.za
      • Where any of the Website Content has been licensed to Popsicle Professional Nails 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.
    1. Disclaimer
      • 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.
      • Whilst Popsicle Professional Nails takes reasonable measures to ensure that the content of the Website is accurate and complete, Popsicle Professional Nails 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.
      • Popsicle Professional Nails disclaims liability for any damage, loss or liability, 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.
      • In addition to the disclaimers contained elsewhere in these Terms and Conditions, Popsicle Professional Nails 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 willful misconduct of Popsicle, its employees, agents or authorised representatives. Popsicle Professional Nails 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.
    1. Limitation of liability
      • Popsicle Professional Nails cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, where such liability arises from the gross negligence or willful misconduct of Popsicle Professional Nails, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of email to info@popsiclenails.co.za
      • Popsicle Professional Nails 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.
      • YOU HEREBY INDEMNIFY Popsicle Professional Nails 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.
      • Products sold on this platform are RECOMMENDED FOR PROFESSIONAL USE ONLY!