Terms of service

Terms of Service

This website is operated by Salvado Investments (Pty) Ltd, trading as VitaLuma. Throughout the site, the terms “VitaLuma”, “we”, “us” and “our” refer to Salvado Investments (Pty) Ltd. VitaLuma makes this website, including all information, tools, products and services available from this site, available to you, the user, subject to your acceptance of all terms, conditions, policies and notices contained or referenced herein.

By visiting our site and/or purchasing something from us, you engage in our Service and agree to be bound by these Terms of Service (“Terms”), including any additional terms, conditions and policies referred to in these Terms and/or available by hyperlink. These Terms apply to all users of the website, including without limitation browsers, customers, merchants, vendors and contributors of content.

Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions set out herein, you may not access the website or use any services.

Any new features, tools or services added to the current store will also be subject to these Terms of Service. We reserve the right to update, amend or replace any part of these Terms at any time by posting updates to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our online store is hosted on Shopify Inc., which provides the e-commerce platform that enables us to sell our products and services to you.

1. Online Store Terms

By agreeing to these Terms of Service, you confirm that you are at least the age of majority in your country or province of residence, or that you are the age of majority and have given consent for any minor dependants to use this website under your supervision.

You may not use our products or services for any unlawful or unauthorised purpose, nor may you, in using the Service, violate any applicable laws or regulations, including intellectual property laws.

You must not transmit any viruses, malware, worms or any destructive code.

Any breach or violation of these Terms may result in the immediate suspension or termination of your access to our Services.

2. General Conditions

We reserve the right to refuse service to anyone at any time for any lawful reason.

You understand that your content, excluding payment card information, may be transferred unencrypted over various networks and may be adapted to meet technical requirements of networks or devices. Payment card information is always encrypted during transmission over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, the use of the Service, or access to the Service without our prior written permission.

Headings used in these Terms are for convenience only and do not affect the interpretation of these Terms.

3. Accuracy, Completeness and Timeliness of Information

We do not guarantee that the information made available on this site is always accurate, complete or current. The content on this site is provided for general information purposes only and should not be relied upon as the sole basis for making decisions without consulting more complete or current sources of information.

This site may contain historical information, which is provided for reference only and may not be current. We reserve the right to modify the contents of this site at any time, but we are under no obligation to update any information unless required by law.

4. Modifications to the Service and Prices

Prices for our products may change without notice.

We reserve the right to modify, suspend or discontinue the Service, or any part thereof, at any time without notice.

We will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service, except where liability cannot lawfully be excluded.

5. Products or Services

Certain products or services may be available exclusively online through the website. These products may be available in limited quantities and are subject to return or exchange only in accordance with our Returns and Refund Policy.

We have made every reasonable effort to display the colours and images of our products as accurately as possible. However, we cannot guarantee that your device’s display of any colour will be accurate.

We reserve the right, but are not obliged, to limit the sale of our products or services to any person, geographic area or jurisdiction, where legally permissible. We may exercise this right on a case-by-case basis.

We also reserve the right to limit the quantities of any products or services that we offer. All descriptions of products and pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time.

We do not warrant that the quality of any products, services, information or other material purchased or obtained by you will meet your expectations, subject always to your rights under applicable consumer protection laws.

6. Accuracy of Billing and Account Information

We reserve the right to refuse or cancel any order placed with us. We may, in our sole discretion, limit or cancel quantities purchased per person, household or order. These restrictions may include orders placed using the same customer account, credit card, billing address and/or shipping address.

If we make a change to or cancel an order, we may attempt to notify you using the email address, billing address or phone number provided at the time the order was placed.

You agree to provide current, complete and accurate purchase and account information for all purchases made through our store. You further agree to promptly update your account and other information, including your email address, delivery address and payment details, so that we can complete your transactions and contact you when necessary.

For more information, please review our Returns and Refund Policy.

7. Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control or input.

You acknowledge and agree that such tools are provided “as is” and “as available” without any warranties, representations or conditions of any kind. We shall have no liability arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which the relevant third-party provider makes those tools available.

8. Third-Party Links

Certain content, products and services available through our Service may include materials from third parties.

Third-party links on this site may direct you to websites that are not affiliated with VitaLuma. We are not responsible for examining or evaluating the content or accuracy of third-party websites and do not warrant and will not have any liability for any third-party materials, websites, products or services.

Any concerns or complaints relating to third-party products or services should be directed to the relevant third party.

9. User Comments, Feedback and Other Submissions

If you send us suggestions, ideas, proposals, reviews, feedback or other content, whether at our request or voluntarily, you agree that we may use, edit, copy, publish, distribute, translate and otherwise use such submissions in any medium without restriction.

We are under no obligation to:

  1. maintain any comments in confidence;
  2. pay compensation for any comments; or
  3. respond to any comments.

We may, but are not obliged to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, defamatory, obscene, objectionable or in violation of any party’s intellectual property rights or these Terms.

You agree that your comments will not violate any rights of any third party and will not contain unlawful, abusive or harmful material, including malware or viruses.

10. Personal Information

Your submission of personal information through the website is governed by our Privacy Policy.

11. Errors, Inaccuracies and Omissions

Occasionally, there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times or product availability.

We reserve the right to correct any such errors, inaccuracies or omissions, and to change or update information or cancel orders where any information is inaccurate, at any time and without prior notice, including after you have submitted your order.

12. Prohibited Uses

In addition to any other prohibitions set out in these Terms, you are prohibited from using the site or its content:

  • for any unlawful purpose;
  • to solicit others to perform unlawful acts;
  • to violate any applicable laws or regulations;
  • to infringe our intellectual property rights or those of others;
  • to harass, abuse, insult, harm, defame or discriminate;
  • to submit false or misleading information;
  • to upload malicious code or viruses;
  • to collect or track the personal information of others without authorisation;
  • for spam, phishing, scraping, crawling or similar activities;
  • for obscene or immoral purposes; or
  • to interfere with the security features of the Service or related websites.

We reserve the right to terminate your use of the Service or the website for violating any prohibited use.

13. Disclaimer of Warranties and Limitation of Liability

We do not guarantee that your use of our Service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results obtained from the use of the Service will be accurate or reliable.

You agree that your use of the Service is at your sole risk. The Service and all products and services delivered through the Service are provided on an “as is” and “as available” basis, except where otherwise expressly stated and subject always to applicable law.

To the fullest extent permitted by law, VitaLuma, Salvado Investments (Pty) Ltd, and our directors, officers, employees, affiliates, agents, contractors, service providers and suppliers shall not be liable for any indirect, incidental, punitive, special or consequential damages, including loss of profits, loss of revenue, loss of savings, loss of data or replacement costs, arising from your use of the Service or any products purchased through the Service.

Nothing in these Terms excludes or limits any rights you may have under applicable South African consumer protection legislation, including rights that cannot lawfully be excluded.

14. Indemnification

You agree to indemnify, defend and hold harmless VitaLuma, Salvado Investments (Pty) Ltd, and our affiliates, directors, officers, employees, agents, contractors, licensors, service providers, suppliers and subcontractors from any claim or demand, including reasonable legal costs, made by any third party due to or arising out of your breach of these Terms or your violation of any law or the rights of a third party.

15. Severability

If any provision of these Terms is found to be unlawful, void or unenforceable, that provision shall be severable from the remaining provisions and shall not affect the validity and enforceability of the remaining Terms.

16. Termination

These Terms remain effective unless and until terminated by either you or us.

You may terminate these Terms at any time by ceasing to use our website.

We may terminate or suspend your access to the Service immediately, without notice, if in our reasonable opinion you have breached these Terms or applicable law.

Any obligations or liabilities incurred prior to termination shall survive termination where appropriate.

17. Entire Agreement

These Terms of Service, together with any policies or operating rules posted by us on this website, constitute the entire agreement between you and VitaLuma in relation to your use of the Service and supersede any prior agreements, communications or proposals, whether oral or written.

Any ambiguity in the interpretation of these Terms shall not be construed against the drafting party.

18. Governing Law

These Terms of Service and any separate agreements whereby we provide services to you shall be governed by and construed in accordance with the laws of the Republic of South Africa.

19. Changes to Terms of Service

You can review the most current version of these Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, amend or replace any part of these Terms by posting updates to our website. It is your responsibility to check the website periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

20. Contact Information

Questions about these Terms of Service may be sent to:

VitaLuma
Operated by Salvado Investments (Pty) Ltd
Email: info@vitaluma.co.za