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Standard Terms and Conditions
When payment of the deposit is made and the booking is confirmed as set out in clause 1 below, you (if you will receive the Services and/or purchase the Products as specified below yourself), or the third party (including any of your dependants) who will receive the Services and/or purchase the Products and on whose behalf you have booked and/or paid the deposit (together referred to as “You”), will be deemed to have accepted and agreed to be bound to the terms and conditions of Three Diamonds Trading 226 (Pty) Ltd t/a Vusalela Day Spa (“Vusalela” or “the Spa”) as set out below (“the Terms” or “these Terms”). Such agreement is hereafter referred to as “this Agreement”. Vusalela and You are also referred to in these Terms each as a “Party” and together as “Parties”.
1. Reservation, payment and cancellation policy
All provisional bookings are kept for a period of 2 (two) days, within which period 50% (fifty percent) of the amount reflected on the Vusalela tax invoice is required to be paid by way of a deposit. Bookings are confirmed by Vusalela once proof of payment is received from You. The balance of the amount due per the Vusalela tax invoice is due by no later than 2 (two) business days prior to the date of attending the Spa, failing which Your booking will be cancelled. You may cancel Your booking at any time before the day on which You are due to attend the Spa (“the reservation date”), however, in the event that You cancel within the periods set out below, Vusalela will impose the following cancellation charge, for which charge You accept and hereby acknowledge liability:
1.1 60 (sixty) days or longer before the reservation date: no cancellation charge (You will receive a full refund of any amounts paid by Yourself);
1.2 31 (thirty one) to 59 (fifty nine) days before the reservation date: a cancellation charge equivalent to 25% (twenty five percent) of the invoiced amount;
1.3 7 (seven) to 30 (thirty) days before the reservation date: a cancellation charge equivalent to 50% (fifty percent) of the invoiced amount;
1.4 less than 7 (seven) days before the reservation date: a cancellation charge equivalent to 100% (one hundred percent) of the invoiced amount.
You acknowledge and agree that the cancellation charges above are reasonable under the circumstances. Any amount charged to You under this clause 1 will be deemed to be a genuine pre-estimate of Vusalela’s liquidated damages.
2. Services, products and treatments
Vusalela shall, in consideration for and on condition of payment having been received in full from You, render the treatments and packages to which such payment refers as described in the email or other communication that accompanied or was attached to Vusalela’s quotation sent to You, in responding to Your enquiry and as described on Vusalela’s website at www.vusalela.co.za (“Services”).
(a) By Your acceptance of these Terms You confirm that You have familiarised Yourself with the Services and what is included in the various Services offered.
(b) When requested by You, Vusalela will sell to You beauty treatment, homeopathic remedies, cosmetic and/or health products and various other items, goods or merchandise of third party manufacturers and/or suppliers, as well as those produced or manufactured by Vusalela (all, “Products”), as reflected on a Vusalela tax invoice and at such prices and on such other terms as may be agreed with You. VUSALELA MAKES NO WARRANTIES, REPRESENTATIONS OR UNDERTAKINGS WHATSOEVER WITH REGARD TO THE PRODUCTS OR THE SERVICES, INCLUDING AS TO CONTENT OR EFFECTIVENESS, EXCEPT FOR THE FOLLOWING LIMITED WARRANTIES, WHICH SHALL BE THE ONLY WARRANTIES OR REMEDIES AVAILABLE TO YOU IN CONNECTION WITH THE PRODUCTS AND SERVICES:
(i) the Products will be reasonably suitable for the purpose intended, of good quality, in good working order and free of defects and will last for a reasonable period of time with regard to the normal use of such products;
(ii) such warranties and representations as are expressly given by the third party manufacturer and/or supplier of the Products and which accompany the Products, or are otherwise given by the third party manufacturer and/or supplier at Your request. Within 6 (six) months after delivery of the Products to You, You have the right to return to Vusalela without penalty and at Vusalela’s risk and expense, the Products which are not reasonably suitable for the purposes for which they are generally intended, are not of good quality, are not in good working order, are not free of any defects (unless You have been expressly informed that the particular Products were offered in a specific condition and have expressly agreed to accept the Products in that condition, or knowingly acted in a manner consistent with accepting the Products in that condition), or will not be useable and durable for a reasonable period of time, having regard to the use to which they would normally be put and to all the surrounding circumstances of their supply, and comply with any applicable standards set under any public regulation. Either Vusalela or the third party supplier will in that instance either refund You the purchase price, or repair or replace the failed, unsafe or defective Products, at Your discretion. The warranties in this sub-clause (ii) shall however be voided if the Products were used by Yourself in a negligent or intentionally incorrect manner or were altered by You in any way contrary to Vusalela or the manufacturer or supplier’s instructions or after having left the control of Vusalela ;
(iii) if You have made any material misstatement or omission, whether intentional, negligent or otherwise, with regard to Your health including as to any allergy, sensitivity or medical condition, or that of Your dependant/s, the warranties in (i) and (ii) above will be void and Vusalela will not be liable for any loss, damage, cost or expense whatsoever, relating to the sale of the Products or the rendering of the Services to You.
(iv) Vusalela warrants that its employees are properly qualified and trained to perform the Services and will perform the Services with the required skill, courtesy and discretion that can be expected from a reputed supplier of similar services to the Services.
(c). All Services provided and Products sold will be provided and sold on Vusalela’s premises, unless specifically otherwise agreed with You (such as at expos, client sites and client golf days).
3. Policies and rules
(a) Whilst on the Vusalela premises, You will be obliged to abide by all rules, policies and directions, including security and parking arrangements as will be communicated by Vusalela to You or as displayed on Vusalela’s premises.
(b) You may not bring any firearm, explosive device, weapon, ammunition, hazardous chemical or substance, narcotics, alcohol or any illegal or contraband items onto the premises of Vusalela.
(c) Any alcohol and/or the quantity thereof provided to You by Vusalela, whether on a complimentary basis or otherwise, is provided at Vusalela’s sole discretion. Vusalela reserves the right to refuse to provide or serve alcohol to You if in Vusalela’s sole discretion such refusal is in Your, Vusalela’s or other clients’ interests.
DUE TO THE NATURE OF VUSALELA’S BUSINESS, SERVICES, PRODUCTS, TERRAIN AND FACILITIES, VUSALELA, THEIR EMPLOYEES, SHAREHOLDERS, CONSULTING STAFF, AGENTS, REPRESENTATIVES OR CONTRACTORS (INCLUDING THOSE PROVIDING TRANSPORT TO AND FROM THE VUSALELA PREMISES) (COLLECTIVELY, “STAFF”) SHALL NOT BE LIABLE FOR ANY COST, EXPENSE, LOSS, DAMAGE, ACCIDENT, DELAY OR INCONVENIENCE SUFFERED BY YOU AS CLIENT, ARISING FROM THE PROVISION OF THE SERVICES OR THE SUPPLY OF THE PRODUCTS BY VUSALELA OR ITS STAFF. THIS SHALL HOWEVER NOT APPLY TO LIABILITY THAT MAY ATTACH TO VUSALELA FOR GROSS NEGLIGENCE OR FOR YOUR DEATH OR PERSONAL INJURY, CAUSED BY AN ACT OR OMISSION OF VUSALELA OR ITS STAFF, UNLESS YOU FAILED TO NOTIFY VUSALELA OF ANY MEDICAL CONDITION THAT YOU HAVE BEEN OR ARE SUFFERING FROM, MEDICAL TREATMENT THAT YOU WERE OR ARE UNDERGOING OR MEDICATION THAT YOU WERE OR ARE RECEIVING, PRIOR TO RECEIVING THE SERVICES OR PURCHASING THE PRODUCTS. SUBJECT TO THE ABOVE, ALL MEDICAL ASSISTANCE OR EVACUATION WILL BE AT YOUR OWN COST. YOU SHALL CARRY THE RISK OF THEFT, DESTRUCTION, DAMAGE OR LOSS OF AND TO ALL GOODS AND EQUIPMENT THAT YOU BRING ONTO VUSALELA’S PREMISES.
5. Hours of business
Unless determined otherwise, Vusalela is open on Monday to Saturday from 08h30 to 22h30 and Sundays from 08h30 to 17h00, excluding the Christmas holiday period and the Easter weekend.
Either Party (“the Aggrieved Party”) may terminate this Agreement if the Other Party is in material breach of this Agreement, and the Other Party has not remedied the breach within 14 (fourteen) days after the Aggrieved Party has sent to it a written notice to remedy the breach or, if the breach is not capable of remedy, immediately on written notice to the Other Party. Any termination shall be without prejudice to the rights of the Aggrieved Party in law, such as but not limited to a claim for damages.
7. Dispute resolution
(a) Any dispute between the Parties arising from or in connection with this Agreement, shall in the first instance be referred to the Managing Director of Vusalela, who shall attempt to resolve the dispute with You or, where applicable in the case of a corporate entity, Your executive director or managing member. If the dispute cannot be resolved within 7 (seven) days of having been referred by You or Vusalela, it shall be referred to arbitration in accordance with sub-clause (b) hereunder.
(b) Any dispute arising from or in connection with this Agreement shall, if it cannot be resolved by the Parties in terms of sub-clause (a) above, be finally resolved in accordance with the expedited rules of the Arbitration Foundation of Southern Africa (”AFSA”) by a single arbitrator appointed by AFSA. Such arbitration shall take place in Pretoria, shall be binding on the Parties and may at the instance of either Party be made an order of any Court of competent jurisdiction.
8. No waiver
No waiver of any of the Terms of this Agreement will be binding or effectual for any purpose unless expressed in writing and signed by the Party giving same. Any such waiver will be effective only in the specific instance and for the purpose given. No failure or delay on Your or Vusalela’s part in exercising any right, power or privilege under this Agreement shall operate as a waiver of that right, power or privilege or any other right, power or privilege.
9. No variation
No variation, addition, deletion or agreed cancellation or termination of this Agreement shall be of any force or effect, unless it is in writing and signed by You and Vusalela.
10. Whole agreement
This Agreement is the whole agreement between the Parties relating to its subject matter. No other terms and conditions, warranties or representations, whether express or implied, oral or written, shall apply, unless expressly provided for in this Agreement.
If any Term or part of a Term of this Agreement is determined to be invalid, illegal, unlawful or unenforceable to any extent, that Term or its relevant part shall be severed from the remaining Terms of this Agreement, or amended to make it valid, legal, lawful and enforceable, in such a manner as to leave the amended Agreement substantially the same in essence and the Agreement so amended, shall remain in force and effect.
Subject to the provisions of the Dispute resolution clause above, the Parties agree to the non-exclusive jurisdiction of the Pretoria Magistrates Court for all matters arising from or in connection with this Agreement, in terms of section 44 of the Magistrates Court Act.
If You enter into this Agreement on behalf of or representing a third party, You warrant that You are duly authorised and empowered to enter into this Agreement.
14. Governing laws
The laws of the Republic of South Africa shall govern the Terms of this Agreement in all respects.
(a) The Parties choose their physical addresses and/or email addresses and/or facsimile numbers as indicated hereunder as their respective domicilium citandi et executandi (“domicilium”) address for the purpose of all notices that may be required in terms of this Agreement and for all legal process that may be served under this Agreement:
(b) Either Party may, by written notice to the other Party, change its domicilium to another physical address in the Republic of South Africa.
(c) All notices shall either be hand delivered or sent by facsimile or by email to the other Party’s domicilium. Unless proved to the contrary, a notice delivered by hand shall be deemed to have been received on the date of delivery and one sent by facsimile or by email shall be deemed to have been received on the next business day after it was sent, provided that any notice actually received by a Party at its domicilium shall be adequate notice to that Party, even if the provisions of this domicilium clause have not been strictly adhered to. The Parties agree that any email or other electronic data message (including a facsimile) shall only be a valid method of sending a notice under this Agreement if same can be substantiated by a confirmed delivery report or an electronic ‘read’ receipt.
16. No cession
You shall not be entitled to transfer Your rights or obligations under this Agreement without the prior written consent of Vusalela.