Terms of Service
TERMS OF WEBSITE USE
INFORMATION ABOUT US
www.nicetohave.com is a website operated by Bluesky Cosmetics. This is a closed corporation registered in South Africa, registration number CK 2006/073328/23.
We operate the business from this address:
Unit 61 – 62, Milpark,
Corner Keurboom and Service Road,
Bluesky Cosmetics™ is a registered trademark.
RELIANCE ON INFORMATION POSTED & DISCLAIMER
The materials that are contained on our site are provided for your use and for general information purposes only and in no way claim to be or constitute legal, medical or other professional advice and shall not be relied upon as such.
We do not accept any responsibility whatsoever for any loss which may arise from accessing or reliance on the information on this site and to the fullest extent permitted by law, we exclude all liability for loss or damages direct or indirect arising from use of this site.
*COLOUR MATCH DISCLAIMER
IMPORTANT: Please note that true colours may vary from the colour display on-line. Despite our best efforts to provide a universal colour display, colours may not be as exact.
We cannot guarantee that the Gel Nail Polish you receive will match the colour of the product image as it appears on your screen. All screens and settings vary and this affects the colour you perceive. Please be aware of this when ordering. Should you however want to return an incorrect colour tone, we will credit the item once we have received it back from you and after having determined its usage.
Exchanges are only accepted within 7 days from date of the customer receiving the order and we will only accept exchanges on these conditions:
- The product is brand new, sealed and unused.
- Incorrect or wrong colour tone. Item must be returned unused.
- PLEASE NOTE: The shipping for the returning of the unwanted or unused item is at the expense of the customer. Bluesky Cosmetics will not be liable for shipping either way. Sender is responsible for the cost of shipping back to Bluesky Cosmetics.
- R95.00 shipping charge will apply to resend exchanged products*.
*All our warranties are carry in. We will be responsible for shipping costs for product exchanges due to manufacture defect one way only. Faulty items must be returned to our offices at customers’ expense and we will ship back the new or repaired item at our expense.
(nicetohave.com Returns Policy)
ACCESSING AND USE OF OUR SITE
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice. We will not be liable if for any reason our site is unavailable at any time or for any period.
All products available to our trade customers are intended for qualified professional beauty therapists and nail technicians only and are for sale on a strictly business to business basis. Trade customers should be competent in using the products purchased. Bluesky Cosmetics will not be held responsible for any injury or damages in unqualified users of our products. Trade card customers are responsible for ensuring that they are insured for using the products purchased from Bluesky Cosmetics. Bluesky Cosmetics reserves the right to suspend or terminate your account if you breach these Terms and Conditions or the terms and conditions of your professional trade account.
There may be occasions when costs of items differ from your previous order(s). We reserve the right to alter prices at any time without prior notice. Where there is an obvious typographical error with a price, we reserve the right, at our option, to both correct the error and charge you the correct price at the time of receiving the order or to cancel your order. All prices include VAT. Delivery charges may apply. Please refer to our Delivery Terms.
Bluesky Cosmetics aims to hold all products in stock at all times. However, sometimes a product may prove more popular than we expected and therefore there may be occasional delays. If so, we will contact you prior to the order being shipped to notify you. All orders will be subject to our acceptance of the order.
You consent to us notifying you via your email address provided on registration about your order and sending you special offer emails. When you submit your order you will receive an automatic return email notifying you when we have received your order. Your order will be accepted by us when we despatch the goods to you. Please refer to our Delivery Terms. The entire content of this website including but not limited to images, illustrations, designs, icons, photographs and written materials is subject to copyright, trademarks and other intellectual property rights which are owned or controlled by or licensed to Bluesky Cosmetics.
OUR WEBSITE CHANGES REGULARLY
We aim to update our site regularly and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material. Opinions given on this site are our own.
Where products are expressed to be ‘For Professional Sale Only’ or ‘For trade customers only’, you warrant that you are a professional and that you will use the products for professional use only. Products are sold on the understanding that they will be used for their intended purpose. We will not be responsible for the misuse of any products by trained or untrained personnel. Our total liability for any claim for loss or damage arising from the use of this website or any information contained in any of the materials on this website or as a result of purchasing any products from this website shall be limited to the sum paid by you for the relevant order. We do not give any warranty (implied or express) or guarantee as to the operation of this website or the information, content, materials, or products included or supplied on this website. Bluesky Cosmetics expressly disclaims any and all warranties (express or implied) to the extent permitted by law and shall have no liability to you for any losses claims, demands or damages of any kind whatsoever arising with respect of any information and/or services and/or products provided on or through this website. Bluesky Cosmetics is not liable for damage to goods caused by: Normal wear and tear, incorrect installation by the customer, failing to use the product in accordance with manufacturers’ guidelines or instructions.
Shades may vary from the images displayed on our website. Bluesky Cosmetics reserves the right to amend these terms and conditions from time to time. If you continue to use the website after the changes take effect you will be bound by the new terms and conditions. By signing up to our website and creating an account you are agreeing to allow us to send you newsletters/special offers via email.
LINKS FROM OUR SITE
The Bluesky Cosmetics website may include links to other websites or other material which is beyond our control. When you activate any of these, you will leave the Bluesky Cosmetics website, these links are provided for your information only.
We accept no responsibility or liability for the material on any website which is not under its control.
Bluesky Cosmetics expressly disclaims any and all warranties (express or implied) to the extent permitted by law and shall have no liability to you for any losses claims, demands or damages of any kind whatsoever arising with respect of any information and/or services and/or products provided on or through this website. We will not be liable or responsible for any failure to perform or delay in performance of, any of our obligations under any order that is caused by events outside our reasonable control. The exclusions of liability set out in these terms and conditions shall not apply to any damages arising from death or personal injury caused by the negligence of Bluesky Cosmetics, or any of our employees or agents. Where we provide any information supplied by a third party, we do not give any warranty or guarantee as to its accuracy or otherwise, and shall have no liability to you for any losses arising as a result. To the full extent applicable by law, you agree that we will not be liable to you or any third party for any consequential or indirect damages (including but not limited to loss of revenue, loss of profits, loss of anticipated savings, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to your use of this website and/or you purchasing products from this website.
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, and third parties connected to us hereby expressly exclude:
- All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
- Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill;
- wasted management or office time; and
- for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in our site, and any materials published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You are permitted to print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to material posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged. You must not use any part of the materials on our site for commercial purposes without obtaining a license to do so from us or our licensors.
VIRUSES, HACKING AND OTHER OFFENSES
You must not misuse our site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
If you have any concerns about material which appear on our site, please contact firstname.lastname@example.org
Thank you for visiting our site.