Perfect 10 Shop Terms & Conditions

    Except as otherwise agreed in writing, all online purchases and transactions for the supply of the Products by Perfect 10 (Pty) Limited (“Perfect 10 nail &  body studio”) shall be subject to these standard terms and conditions of sale, including the Policies (collectively, the “Terms and Conditions”), as well as the Perfect 10 Website Terms and Conditions. These terms and conditions will be subject to the CPA and the National Credit Act, to the extent that they are applicable to the supply of any Products by Perfect 10.

    1. DEFINITIONS
      1. “Affiliate” means any person, firm or corporation which is a subsidiary, or a holding company or a subsidiary of the holding company of Perfect 10 or the successor to Perfect 10 by a merger or by a transfer of a substantial amount of Perfect 10’s assets;
      2. “CPA” shall mean the Consumer Protection Act 68 of 2008;
      3. “Credit Act” shall mean the National Credit Act 34 of 2005;
      4. “Customer” shall mean the person, natural or otherwise, who purchases the Products or Gift Voucher from Perfect 10 under these Terms and Conditions and shall include any ultimate end user of the Products;
      5. “Perfect 10 “ shall mean Perfect 10 (Pty) Ltd, all Affiliates and all trading divisions and outlets thereof;
      6. “On-Line Portal” means purchases made though the online sales platform currently available at www.perfect10.co.za;
      7. “Policies” means the various Perfect 10 policies which form part of these Terms and Conditions and which may be updated from time to time;
      8. “Product/s” shall mean all products presently being sold or supplied online by Perfect 10 by way of the On-Line Portal;
      9. “Returns” means any return of any Product whether it be for an exchange or a refund, and irrespective of the reason for the return;
      10. “Gift Voucher” means digital gift voucher or physical beauty gift card.
    2. PURCHASE
      1. The Customer shall be bound by these Terms and Conditions in all transactions relating to the purchase of the Products or Gift Vouchers using Perfect 10’s On-Line Portal.
    3. ORDERS
      1. Perfect 10 reserves the right at all times to reasonably decline any order and/or to suspend delivery and/or to decline to supply the Products to the Customer.
    4. DELIVERY
      1. Subject to the CPA, and although Perfect 10 will endeavour to deliver the Products according to the Customer’s requirements, Perfect 10 will not be bound to such delivery requirements of the Customer and accordingly Perfect 10 shall not be liable in any manner whatsoever for a failure or delay in delivery of Products.
      2. Perfect 10 shall at its discretion be entitled to effect and invoice for part deliveries.
      3. This clause shall be read together with the terms set out in the Delivery Policy.
    5. OWNERSHIP
      1. Irrespective of the type of transaction, Perfect 10 hereby reserves its rights to ownership of the Products until fully paid for by the Customer.
      2. In order to give effect to paragraph 6.1, the Customer shall ensure the Products remain movable property, severable from any other movable or immovable property to which the Products may be attached.
    6. RISK
      1. On delivery of the Products to the Customer, the risk in and to the Products shall pass to the Customer notwithstanding that ownership in the Products remains vested in Perfect 10 until full payment has been received by us.
    7. RETURNS AND REFUNDS
      1. Perfect 10 agrees to returns and exchanges of Products only (not Gift Vouchers) provided that the following provisions shall be applicable, as well as those set out in the Delivery Policy and Returns Policy:
        1. In instances where the services via the courier are used to facilitate the return of Products, the Customer shall be fully responsible for payment of any fees or expenses for such returned Products except in the case where products are damaged or faulty through no fault of the customer.
        2. The Customer shall not be refunded for any delivery cost under any circumstances;
        3. Any refund or credit will only take place once Perfect 10 has received and processed the return of the Products;
        4. Perfect 10 shall have the discretion to refund the Customer by crediting the relevant Customer’s online account.
        5. No Gift voucher may be returned to head office or any retail outlet or  Perfect 10 studio.
    8. WARRANTY
      1. Perfect 10 shall not incur any liability of whatever nature arising in contract or delict from any injury, loss or damage to any person or property arising from the use of the Products.
      2. The Products supplied by Perfect 10 shall be suitable only for the purpose designed and intended and the Customer shall ensure the Products are handled, stored, installed, used, worn or otherwise dealt with in a normal and proper manner, and where applicable, in a manner consistent with the directions for use given by Perfect 10.
      3. No action or claim of whatever nature shall lie against Perfect 10 arising out of or in connection with any defects in, or unsuitability of, any Products.
    9. INDEMNITY
      1. Without derogating from the generality of any of the provisions hereof, Perfect 10 and its Affiliates shall not at any time be liable for any claims of whatsoever nature and howsoever arising for any direct, indirect or consequential loss or damage which may be sustained by the Customer in connection with the use of the Products and the Customer hereby indemnifies and agrees to defend and hold harmless Perfect 10 and its Affiliates against all such claims.
    10. CONFIDENTIAL INFORMATION
      1. Perfect 10 and the Customer agree to keep any confidential information that they receive from one another confidential by using the same degree of care that they would use to protect their own confidential information. Perfect 10 will not disclose the Customer’s confidential information to anyone else, unless the Customer gives its consent to Perfect 10 to do so. The Customer must do the same with the confidential information about Perfect 10. Perfect 10 can, however, disclose the Customer’s confidential information to Perfect 10’s employees, professional advisors and contractors who need to know and use the information in order to perform their obligations in terms of these Terms and Conditions.
      2. Perfect 10 shall further abide by its Privacy Policy, as set out in the Perfect 10 Website Terms and Conditions, in relation to the processing of any confidential or personal information of Customer’s which is carried out by Perfect 10.
    11. APPLICABLE LAW
      1. These Terms and Conditions, and all transactions relating to the purchase of Products using the Perfect 10 On-Line Portal shall be governed in all respects by, and shall be construed and interpreted according to the laws of the Republic of South Africa.
      2. Subject to the CPA, the Customer also agrees and consents in terms of Section 45 of the Magistrate’s Court Act (“the MCA”) to the jurisdiction of a Magistrate’s Court having jurisdiction in respect of the Customer or the claim in terms of Section 28 of the MCA in respect of any proceedings or claims or action being instituted against the Customer by Perfect 10 in terms hereof or otherwise, notwithstanding that the amount of such claim may exceed the jurisdiction of such Magistrate’s Court, provided that Perfect 10 may in its discretion be entitled to bring such proceedings in any other court of competent jurisdiction, the Customer agreeing and submitting itself to the jurisdiction of the South Gauteng Division of the High Court of South Africa or any other division of the High Court of South Africa chosen by Perfect 10 in the event of Perfect 10 exercising its rights in terms hereof.
      3. Address for service of legal process: The Customer chooses its domicilium citandi et executandi at the shipping or delivery address as reflected in the invoice for the Products, failing which, any other physical address of the Customer.
    12. DELIVERY POLICY
      1. This Delivery Policy forms part of and should be read together with the Terms and Conditions. Please note that in certain circumstances a delivery option may not be available to a Customer due to factors beyond the reasonable control of Perfect 10.
      2. Delivery methods for deliveries from Perfect 10 will include delivery by Courier to the Customer’s chosen delivery address. *Only within South African Borders.
      3. When effecting delivery at the customer’s premises or such other premises as nominated by the Customer, the Customer shall be responsible for receiving, unloading and checking the Products in the presence of the courier representative making delivery.
      4. Delivery of the products at the shipping or delivery address nominated by the Customer shall constitute good delivery. Any acknowledgement of receipt by the Customer or any authorised representative or employee of the Customer, whether direct or indirect, in writing or otherwise shall serve to also confirm delivery.
      5. If, on the instructions of the Customer, the Products are delivered to a carrier for delivery to the Customer, delivery to the Customer shall be deemed to have been duly effected on delivery to the carrier who shall at all times be and remain the Customer’s agent for purposes of these Terms and Conditions.
      6. In the event that the Products are delivered in a damaged or defective state, the Customer shall forthwith upon delivery endorse Perfect 10’s copy of the delivery note detailing the damage or defects to the Products and the Customer shall within seven (7) days of such delivery notify Perfect 10 of such damage or defects in the Products delivered, following which the Returns Policy shall be followed.
      7. On compliance by the Customer with the requirements of this Delivery Policy, and provided Perfect 10 agrees with the information supplied by the Customer, Perfect 10 will or may apply for a credit, subject to the provisions of the Returns Policy.
      8. Subject to the CPA, and notwithstanding the provisions of this Delivery Policy, Perfect 10 shall not be liable to the Customer for any loss or damage occasioned by reason of the circumstances set out above.
      9. A flat rate to deliver your order to you will be charged. This will escalate reasonably from time to time.
      10. The order will take around 1 – 2 working days to process and 3 to 5 working days to be delivered to the chosen delivery address (*Only within South African Borders). The order can be tracked on the Perfect 10 Website or by contacting our Customer Care on 0861 11 22 22.
      11. Although reasonable care shall be taken, Perfect 10 accepts no responsibility whatsoever for incorrect delivery details or, if an unauthorised person at the delivery address, accepts delivery of the order and Products.
      12. For purposes of this clause, “Perfect 10” shall include any Affiliate, agent or independent contractor who may effect delivery on behalf of Perfect 10, which shall also include the South African Postal Office service or a courier service provider.
    13. RETURNS AND REFUNDS POLICY FOR ITEMS PURCHASED ON PERFECT.CO.ZA
      1. This Returns Policy forms part of and should be read together with the Terms and Conditions and includes the Perfect 10 general in store returns and refunds policies. Please note that in certain circumstances a returns option may not be available to a Customer due to factors beyond the reasonable control of Perfect 10.
      2. Product returned for refunds and exchanges must be returned to Perfect 10 at Imbalie Beauty, 23 Saddle drive, Woodmead Office Park, Woodmead, Johannesburg, 2191 and may not be exchanged or refunded at Perfect 10 studios or any other independent stockist.
      3. Courier return: when returning Products via Courier, the Customer must first register a return on the Perfect 10 on line system. A reference number and a return address will be issued to the Customer. The Customer must then insert the Products being returned, into appropriate packaging and this will be collected by the Courier in accordance with the instructions received from Perfect 10. The courier charge will be deducted from the return credit.
      4. Customer will be refunded via credit on their online account (e-wallet) that may be redeemed only on the perfect10.co.za website.
      5. Perfect 10 does not accept any responsibility if  an employee or representative at the Customer’s chosen address accepts delivery of the Products and is not authorised to do so, or does so under false or fraudulent circumstances.
      6. In the event of 3 (three) failed attempts to deliver the order of Products to the Customer at the chosen delivery address, the Products shall be returned to Perfect 10 and the sale shall be reversed. The costs of the delivery/s and return of the Products shall be deducted from the credit due to the Customer.
      7. This Returns Policy forms part of and should be read together with the Terms and Conditions and includes the Perfect 10 general in store returns and refunds policies. Please note that in certain circumstances a returns option may not be available to a Customer due to factors beyond the reasonable control of Perfect 10.
      8. Product returned for refunds and exchanges must be returned to Perfect 10 at Imbalie Beauty, 23 Saddle drive, Woodmead Office Park, Woodmead, Johannesburg, 2191 and may not be exchanged or refunded at Perfect 10 studios or any other independent stockist.
    14. RETURNS AND REFUNDS POLICY FOR ITEMS PURCHASED IN A PERFECT10 STUDIOS
      1. Products

        The new Consumer Protection Act (CPA) needs to be adhered to when a customer is requesting a refund on a product purchased at your salon.

        The following is available on the Perfect 10 Website and at Customer Care which explains our policy clearly:-

        “Please select the products you wish to purchase carefully. We do not refund or accept returns if you change your mind or made an incorrect purchase. We do accept exchanges alternatively refunds, at your election, where a product is defective, incorrectly described or differs from the sample chosen by you.

        Should you select a exchange, we will attend to such exchange in the same manner that you made payment, i.e: cash, credit card refund, etc. provided that the product has been used for its intended purpose and that you return the product, together with your original till slip.

        Where a product is incorrectly described or different from the sample chosen by you, we will exchange the product or refund you in the same manner that you paid for the product, provided that you return the product, together with your original till slip, within 10 (ten) days from the date of sale.

        A refund might be refused or a reasonable usage fee be charged by us if more than 75% of the product has been used

        Please retain your original till slip as no refund or exchange will be made without proof of purchase.

        You will need to complete a Credit Refund Request Application Form and submit same along with the original till slip and the defective or incorrectly described product at any official Perfect 10 Studio.  Please note that this Returns and Refunds Policy does not apply to products purchased at any salon other than at an official Perfect 10 Studios.

        Any product that you purchase and wish to return for any other reason may be returned or exchange within 7 (seven) days from the date of the sale, as long as the product has not been modified, tampered with or misused and it is in a saleable condition and is accompanied by your original till slip. Once the product has been used in any manner, we can no longer sell it and you will only be able to return it if it is defective, incorrectly described or different from the sample chosen by you in accordance with the provisions above.”

        The following will be printed on the front of the till slips;

        In the event that you require information on our Returns and Refunds Policy please refer to our Perfect 10 website at  www.perfect10.co.za or contact our Customer Care toll free number on 0861 11 22 22 during office hours 8h00 to 16h30.

    15. PAYMENT POLICY
      1. This Payment Policy forms part of and should be read together with the Terms and Conditions, and is subject at all times to Perfect 10’s agreements with its bankers and the outsourced financial transactions service provider.
      2. There are different payment options including payment by way of a credit, cheque or debit card or , using your Perfect 10 online credits.
      3. Perfect 10 prescribes to high security and encryption standards allowing all customers to shop with peace of mind. It is to be noted that it is the strict policy of Perfect 10 and Perfect 10 takes all reasonable security measures to ensure that payment and card details, as well as related confidential information, cannot be accessed by anyone who is not authorized to do so.
    16. GIFT VOUCHER POLICY

      With regard to gift cards the following is also relevant:

      1. Gifts vouchers are not redeemable online.
      2. The value thereof is redeemable for Products or Treatments (not cash) at any Perfect 10 studios nationwide.
      3. Perfect 10 accepts no responsibility in the event that due to an error or oversight on the part of the Customer, or for any reason, the gift voucher is used by a third party.
      4. The Gift voucher needs to be presented at point of purchase when in a Perfect 10 studio as payment towards your purchase of products or treatments.
      5. Should you not utilise the full value of the gift voucher, a credit will remain on the voucher for your future use.
      6. The use of this gift voucher constitutes acceptance of the following terms and conditions:
        1. Treat this gift voucher like cash; this gift voucher is not a credit card.
        2. This gift voucher is valid for three years after the date on which it was issued.
        3. This gift voucher is redeemable for merchandise or treatments at participating Perfect 10 studios in South Africa.
        4. This gift voucher cannot be exchanged for cash and cannot be replaced if stolen.
        5. No cash balance will be given as change.
        6. Only valid at participating stores.
    17. COMPETITIONS

    With regard to competitions (held on social media platforms, online, in salons and other above or below the line platforms) the following is also relevant:

      1. Perfect 10 Nail & Body Studios may alter and/or amend a competition at any time without giving notice to you.
      2. Perfect 10 Nail & Body Studios may suspend or terminate a competition at any time without giving notice to you.
      3. Perfect 10 Nail & Body Studios also reserves the right to cancel the competition if circumstances arise outside of its control.
      4. Perfect 10 Nail & Body Studios may disqualify your account at any time for any reason, including any improper use of a competition or your failure to comply with this agreement.
      5. All competitions are organised and undertaken by the Perfect 10 Nail & Body Studios and the sponsors.
      6. Any person who is a director, member, business partner, employee or agent of or consultant of Perfect 10 Nail & Body Studios or sponsors or any of their immediate families, including spouses, life partners, parents, children, brothers or sisters and any employees in Perfect 10 Nail & Body Studios or sponsors or any other person who directly or indirectly controls or is controlled by Perfect 10 Nail & Body Studios or sponsors is not eligible to participate in this competition.
      7. Any person who is a supplier of goods or services in connection with this competition is not eligible to participate in this competition.
      8. Any person who has previously won a competition via Perfect 10 Nail & Body Studios, within a time frame of 12 (twelve) months upon posting date, will not qualify to win.
      9. The competition is only open to South African residents and participants must be over the age of 18 years.
      10. Winners are notified by email and/or DM on social media channel entered and/or letter within 28 days of the closing date. If the winner cannot be contacted or do not claim the prize within 14 days of notification, we reserve the right to withdraw the prize from the winner and pick a replacement winner.
      11. Perfect 10 Nail & Body Studios will liaise with the winner when and where the prize can be collected / is delivered.
      12. Perfect 10 Nail & Body Studio’s decision in respect of all matters to do with a competition will be final and no correspondence will be entered into.
      13. Perfect 10 Nail & Body Studios will judge competitions and decide on the winner, which will be picked at random from all entries.
      14. Perfect 10 Nail & Body Studio’s decision as to those able to take part and selection of winners is final. No correspondence relating to competitions will be entered into.
      15. The entrant must be following @P10Studios in order to enter.
      16. Perfect 10 Nail & Body Studios shall have the right, at its sole discretion and at any time, to change or modify these terms and conditions, such change shall be effective immediately upon posting to this web page.