Terms & Conditions
These Terms & Conditions (“Terms”) govern your use of the HairPlush website and your purchase and use of HairPlush products.
HairPlush is committed to conducting business fairly and transparently and in accordance with applicable South African consumer-protection legislation, including the Consumer Protection Act 68 of 2008 (“CPA”), as amended from time to time.
Please read these Terms carefully before using our website or purchasing our products.
1. ACCEPTANCE OF THESE TERMS
By accessing, browsing or purchasing from HairPlush, you acknowledge that you have had an opportunity to read these Terms and agree to be bound by them, together with our applicable Refund & Returns Policy, Shipping Policy and Privacy Policy.
Nothing in these Terms is intended to remove, restrict or waive any consumer right, warranty, remedy or protection that cannot lawfully be excluded or limited under South African law.
Where there is a conflict between these Terms and a mandatory provision of applicable law, the applicable law will prevail.
2. ABOUT HAIRPLUSH PRODUCTS
HairPlush products are cosmetic and personal-care products intended for scalp and hair care.
HairPlush products are designed to support a cleaner, fresher and healthier-feeling scalp and may assist with concerns such as scalp buildup, excess oil, flaking and an itchy or uncomfortable-feeling scalp.
Individual results vary.
HairPlush does not guarantee that every customer will experience the same results or that a particular scalp concern will improve within a specific period.
3. IMPORTANT MEDICAL DISCLAIMER
HAIRPLUSH IS NOT A CURE
HairPlush products are not intended to diagnose, treat or cure medical conditions.
Where HairPlush is described as helping with scalp concerns associated with conditions such as psoriasis, eczema, seborrheic dermatitis, folliculitis or scalp acne, such statements refer only to the product's intended cosmetic/scalp-care benefits and do not mean that HairPlush cures, permanently treats or replaces medical treatment for these conditions.
HairPlush should not be used as a substitute for advice, diagnosis or treatment from a doctor, dermatologist, pharmacist or other qualified healthcare professional.
If you have a severe, persistent, worsening or undiagnosed scalp condition, we recommend consulting a qualified healthcare professional before using HairPlush.
4. INGREDIENTS
Customers should review the complete ingredient list before using any HairPlush product.
Our products may contain active ingredients, fragrances, preservatives, botanical ingredients and other cosmetic ingredients that may not be suitable for every individual.
If you have a known allergy, sensitivity or intolerance to any ingredient, do not use the product.
If you are uncertain whether a product or ingredient is appropriate for you, consult a qualified healthcare professional before use.
HairPlush makes reasonable efforts to ensure that ingredient information published on our website and packaging is accurate and current.
Where the formulation of a product changes, the ingredient list appearing on the product packaging supplied to you should be treated as the most current ingredient information.
5. PATCH TESTING
We recommend performing a patch test before first use, particularly if you have sensitive skin, a history of cosmetic reactions or known allergies.
A patch test may reduce the likelihood of an adverse reaction but cannot guarantee that a reaction will not occur.
Follow the product's instructions and discontinue use if an unusual or concerning reaction develops.
6. IRRITATION, ALLERGIC REACTIONS AND ADVERSE EFFECTS
Cosmetic products can affect individuals differently.
If you experience significant burning, swelling, severe itching, rash, redness, irritation or another concerning reaction, stop using the product immediately and rinse the affected area thoroughly.
If symptoms are severe, persistent or worsen, seek appropriate medical attention.
Do not continue using a product if you believe that it is causing an adverse reaction.
HairPlush does not guarantee that an individual consumer will not experience sensitivity or an allergic reaction to an ingredient.
However, nothing in these Terms excludes or limits any liability or consumer remedy that cannot lawfully be excluded under applicable law.
7. RESPONSIBLE USE OF OUR PRODUCTS
You agree to use HairPlush products only for their intended cosmetic purpose and in accordance with the instructions provided on the packaging or website.
You should not:
- Use the product in a manner contrary to the instructions;
- Apply the product to broken or severely damaged skin unless advised by a healthcare professional;
- Apply the product to the eyes or inside the eyes;
- Ingest the product;
- Use excessive quantities or frequencies contrary to the instructions; or
- Use the product for a purpose for which it was not designed.
Keep products out of the reach of children unless the product is specifically intended for their use.
8. MEDICAL CONDITIONS AND PROFESSIONAL ADVICE
If you have a diagnosed scalp or skin condition, are receiving medical treatment, have open wounds or have severe scalp irritation, you should seek professional advice before introducing HairPlush into your routine.
HairPlush does not replace prescribed medication or professional medical treatment.
If a healthcare professional advises you to discontinue use of a cosmetic product, you should follow that advice.
9. INDIVIDUAL RESULTS
HairPlush does not guarantee a particular result.
Results may vary from person to person.
Factors including scalp condition, hair type, frequency of use, individual sensitivity, existing products and general health may influence an individual's experience.
Customer testimonials, reviews and before-and-after photographs represent individual experiences only and are not guarantees of the results another consumer will achieve.
10. PRODUCT QUALITY AND CONSUMER RIGHTS
HairPlush recognises consumers' rights in relation to the quality, safety and suitability of goods as provided for under applicable South African law.
Where applicable, consumers have rights and remedies in relation to goods that are defective, unsafe, unsuitable for their intended purpose or otherwise fail to comply with applicable legal requirements.
Nothing in these Terms is intended to exclude or restrict the consumer rights provided under the CPA.
11. RETURNS OF OPENED OR USED COSMETIC PRODUCTS
For health, safety and hygiene reasons, HairPlush generally does not accept the return or exchange of cosmetic products that have been opened, used, tampered with or otherwise rendered unsuitable for resale, where the return is based solely on a change of mind or dissatisfaction with personal preference.
However, this restriction does not apply where a consumer has a valid statutory right to return the goods or obtain a remedy under applicable South African law.
In particular, nothing in this section limits a consumer's rights in respect of defective, unsafe or otherwise non-compliant goods.
Consumers should review our Refund & Returns Policy before purchasing.
12. PRODUCTS THAT CAUSE IRRITATION
An individual experiencing irritation or an allergic reaction should stop using the product immediately and seek professional medical advice where appropriate.
An adverse personal reaction does not automatically establish that a product is defective, as individuals may have different sensitivities to cosmetic ingredients.
However, HairPlush will assess legitimate product complaints in accordance with applicable law.
Where a product is established to be defective, unsafe or otherwise fails to meet applicable statutory requirements, the consumer's legal remedies will apply regardless of whether the product has been opened or used.
13. DEFECTIVE, DAMAGED OR INCORRECT PRODUCTS
If you receive a product that is:
- Defective;
- Damaged before delivery;
- Unsafe;
- Incorrect;
- materially different from the product ordered; or
- otherwise does not comply with applicable statutory requirements,
please contact HairPlush as soon as reasonably possible.
We may request reasonable information, photographs or other evidence to assess the complaint.
Where a statutory remedy applies, HairPlush will provide the applicable remedy in accordance with the CPA and other applicable law.
14. IMPLIED WARRANTY OF QUALITY
Nothing in these Terms excludes the implied warranty of quality applicable to consumer goods under section 56 of the CPA.
Where the statutory requirements for a remedy are met, the consumer's rights under applicable law will apply.
This includes applicable statutory remedies relating to goods that fail to meet the requirements contemplated by the CPA.
15. CHANGE-OF-MIND RETURNS
Where permitted by law, a consumer does not automatically have an unlimited right to return a cosmetic product simply because they have changed their mind, no longer want the product or dislike the result.
Any voluntary change-of-mind return offered by HairPlush will be subject to the conditions stated in our Refund & Returns Policy.
This does not affect any statutory cancellation, return, refund or other rights that may apply under the CPA or other applicable legislation.
16. ORDERS
All orders are subject to availability and confirmation.
HairPlush reserves the right to decline or cancel an order where reasonably necessary due to:
- Fraud or suspected fraudulent activity;
- unauthorised transactions;
- significant pricing or listing errors;
- inventory errors; or
- circumstances outside our reasonable control.
Where payment has already been received for an order that HairPlush cancels, any applicable refund will be processed in accordance with applicable law.
17. PRICING
Prices displayed on our website are subject to change.
HairPlush will endeavour to ensure that prices and product information are accurate.
If an obvious pricing or product-description error occurs, we may contact the affected customer before processing the order.
Nothing in this clause permits HairPlush to engage in misleading or deceptive pricing or marketing practices.
18. PROMOTIONS AND DISCOUNTS
Promotions, discounts, competitions and special offers may be subject to additional terms and conditions.
Promotions may have:
- Expiry dates;
- limited quantities;
- minimum purchase requirements; or
- other stated conditions.
Promotional terms will be communicated to consumers where applicable.
19. PAYMENTS
Customers are responsible for providing accurate payment and billing information.
By placing an order, you authorise the selected payment provider to process the applicable purchase amount and any disclosed delivery or other applicable charges.
Payment processing may be handled by independent third-party payment providers.
HairPlush does not intentionally request or store sensitive payment credentials outside the systems provided by the applicable payment processor.
20. SHIPPING AND DELIVERY
HairPlush will take reasonable steps to arrange delivery within the estimated timeframe communicated to the consumer.
Delivery estimates are not guaranteed dates unless expressly stated otherwise.
Delays may occur because of circumstances outside HairPlush's reasonable control, including carrier delays, incorrect delivery information, severe weather, public holidays, strikes, customs procedures, technical failures or other circumstances beyond our reasonable control.
Nothing in this section limits any consumer right arising from a failure by HairPlush to comply with applicable delivery obligations.
21. WEBSITE USE
You agree to use the HairPlush website only for lawful purposes.
You must not:
- Attempt unauthorised access;
- interfere with website operations;
- introduce malicious software;
- engage in fraudulent activity;
- copy or scrape website content for unauthorised commercial purposes; or
- misuse HairPlush branding or intellectual property.
22. INTELLECTUAL PROPERTY
All HairPlush branding, logos, photographs, graphics, product names, written content, videos, designs and other original material appearing on our website are owned by or licensed to HairPlush unless otherwise stated.
You may not reproduce, modify, distribute, sell or commercially exploit our intellectual property without prior written permission.
23. THIRD-PARTY SERVICES
Our website may contain links to or integrations with third-party services, including payment processors, courier companies, social-media platforms, advertising platforms and website applications.
Those third parties may operate under their own terms and privacy policies.
HairPlush is not responsible for the independent policies or actions of third-party providers, except to the extent that applicable law provides otherwise.
24. LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, HairPlush will not be responsible for indirect, incidental or consequential losses arising from the use of our website or products.
However, nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited under South African law, including any liability arising in circumstances where the CPA prohibits such limitation.
HairPlush does not exclude liability for gross negligence where such exclusion is prohibited by law.
25. NO UNLAWFUL WAIVER OF CONSUMER RIGHTS
Nothing in these Terms requires a consumer to:
- waive a right granted by the CPA;
- assume a liability that the supplier is legally responsible for;
- release HairPlush from liability that cannot legally be excluded;
- acknowledge something that is untrue; or
- accept terms that are prohibited by applicable law.
Any provision of these Terms that is found to be unlawful or unenforceable will be interpreted or severed to the extent necessary, without affecting the remaining provisions.
26. INDEMNIFICATION
To the extent permitted by applicable law, a consumer may be responsible for losses directly arising from their unlawful misuse of the website, fraud, intentional misconduct or unauthorised use of HairPlush intellectual property.
This clause does not require a consumer to indemnify HairPlush for liability that HairPlush cannot lawfully transfer to the consumer.
27. PRIVACY
Your use of the HairPlush website is also subject to our Privacy Policy.
We may collect and process personal information necessary to process orders, provide customer support, arrange delivery, communicate with customers and operate our website, subject to applicable privacy legislation.
28. CHANGES TO THESE TERMS
HairPlush may update these Terms from time to time.
The latest version will be published on this page together with the relevant “Last Updated” date.
Where applicable law requires specific notice or consent for a material change, HairPlush will comply with those requirements.
29. GOVERNING LAW
These Terms are governed by the laws of the Republic of South Africa.
Any dispute will be dealt with in accordance with applicable South African law and the consumer's rights under applicable legislation.
Nothing in these Terms prevents a consumer from exercising any right or remedy available under the Consumer Protection Act 68 of 2008 or other applicable legislation.
30. CONSUMER COMPLAINTS
If you have a complaint about a HairPlush product, order or service, please contact us first so that we can investigate and attempt to resolve the matter.
Please provide, where available:
Order number
Product name
Date of purchase
Description of the issue
Photographs or other supporting information
We will consider complaints fairly and in accordance with applicable law.
31. CONTACT DETAILS
HairPlush
Email: admin@hairplush.co.za
Website: www.hairplush.co.za
For product-related concerns, please contact us using the details above.
IMPORTANT HAIRPLUSH PRODUCT NOTICE
HAIRPLUSH IS NOT A CURE.
HairPlush is a cosmetic scalp-care product intended to support a clean, fresh and healthy-feeling scalp.
It is not intended to replace medical diagnosis, advice or treatment.
If you experience severe, persistent or worsening scalp problems, please stop using the product where appropriate and consult a qualified healthcare professional.
Always read the ingredient list, follow the product instructions and discontinue use if significant irritation or an adverse reaction occurs.
Individual results may vary.