Terms of service

ABSORA™ Terms of Service

Welcome to ABSORA™. These Terms of Service govern your use of the ABSORA™ website and your purchase of products from us.

By accessing our website, placing an order, or purchasing a product from ABSORA™, you agree to these Terms of Service, together with our other applicable policies, including our Returns & Refund Policy and Privacy Policy.

Nothing in these Terms of Service is intended to exclude, restrict or waive any rights you may have under applicable South African law.

1. About ABSORA™

ABSORA™ is a South African online retail brand offering beauty and personal-care products, including our Ultra Absorbent Microfiber Hair Towel Wrap.

In these Terms:

  • "ABSORA™", "we", "us" or "our" refers to ABSORA™.

  • "Customer", "you" or "your" refers to any person who accesses our website or purchases products from us.

  • "Website" refers to the ABSORA™ online store and any related pages or services operated by us.

  • "Product" or "Products" refers to goods offered for sale through our Website.

2. Acceptance of These Terms

By using our Website or placing an order, you confirm that:

  • You have read and understood these Terms;

  • You agree to be legally bound by them;

  • The information you provide to us is accurate and complete;

  • You are legally capable of entering into a binding transaction; and

  • You will use the Website and Products lawfully.

If you do not agree with these Terms, you should not use the Website or place an order.

3. Website Use

You may use our Website for lawful purposes only.

You agree not to:

  • Use the Website for fraudulent or unlawful purposes;

  • Attempt to gain unauthorised access to our systems;

  • Interfere with the security or operation of the Website;

  • Introduce viruses, malware or other harmful material;

  • Copy, reproduce or commercially exploit our Website content without permission;

  • Use automated systems to scrape or collect information from the Website without our written permission;

  • Impersonate another person or business; or

  • Use the Website in a manner that could damage ABSORA™, its customers or its reputation.

We reserve the right to restrict or terminate access to the Website where reasonably necessary, subject to applicable law.

4. Product Information

We make reasonable efforts to ensure that product descriptions, photographs, specifications, prices and other information displayed on our Website are accurate and up to date.

However, minor differences may occur due to:

  • Screen and device settings;

  • Photography and lighting;

  • Manufacturing variations;

  • Packaging changes; or

  • Other circumstances outside our reasonable control.

Such minor variations do not automatically constitute a defect.

We reserve the right to correct genuine errors in product descriptions, prices or other Website information.

Nothing in this section limits any consumer rights relating to goods that are defective, unsafe, materially different from what was ordered, or otherwise fail to meet applicable legal requirements.

5. Product Use

The ABSORA™ Ultra Absorbent Microfiber Hair Towel Wrap is designed to assist with drying hair after washing.

Customers are responsible for using the Product appropriately and following any care or use instructions supplied with the Product.

The Product should not be used for purposes for which it was not designed.

ABSORA™ cannot be held responsible for damage caused by misuse, improper care, unauthorised modification, negligence or failure to follow reasonable product-care instructions, to the extent permitted by law.

Nothing in this section excludes liability that cannot legally be excluded.

6. Prices

All prices displayed on the Website are stated in South African Rand (ZAR) unless otherwise indicated.

We reserve the right to change prices at any time before an order is accepted, subject to applicable law.

Once an order has been accepted at a stated price, we will generally honour that price except where the order resulted from an obvious pricing error, fraud or other circumstances where cancellation or correction is legally permitted.

Any applicable delivery charges, taxes or additional fees will be displayed or communicated as required by law.

7. Orders

When you place an order through our Website, you are making an offer to purchase the selected Product.

After placing your order, you may receive an order confirmation by email.

An order confirmation does not necessarily mean that the order has been finally accepted where circumstances require further verification.

We reserve the right to decline or cancel an order where reasonably necessary, including where:

  • The Product is unavailable;

  • There is an obvious pricing or product-description error;

  • We reasonably suspect fraudulent activity;

  • Payment cannot be successfully processed;

  • The order contains inaccurate information;

  • A technical error has affected the transaction; or

  • Circumstances outside our reasonable control prevent fulfilment.

Where we cancel an order after payment has been received, any refund that is legally due will be processed in accordance with applicable law.

8. Payment

We accept the payment methods displayed at checkout.

Payments may be processed through third-party payment providers.

You authorise the applicable payment provider to process the amount due for your order.

ABSORA™ does not intentionally store complete payment-card details where those details are processed directly by our payment provider.

You are responsible for providing accurate billing and payment information.

We are not responsible for delays or failures caused solely by your bank, payment provider or other third-party financial institution.

9. Delivery

We aim to dispatch and deliver orders within the delivery timeframe communicated on our Website or at checkout.

Delivery estimates are estimates and may be affected by circumstances outside our reasonable control, including:

  • Courier delays;

  • Severe weather;

  • Public holidays;

  • Strikes;

  • Address-related problems;

  • Incorrect customer information;

  • Operational disruptions;

  • Customs or regulatory issues where applicable; or

  • Other unforeseen events.

Customers are responsible for providing an accurate and complete delivery address and contact information.

If a delivery fails because incorrect or incomplete information was provided by the customer, additional delivery charges may apply where permitted by law.

Nothing in this section removes any statutory consumer rights relating to delivery.

10. Risk and Delivery

ABSORA™ will take reasonable steps to ensure that Products are properly packaged and handed to the applicable delivery service.

Where Products are damaged, lost or incorrectly delivered, we will investigate the matter and provide any remedy required under applicable South African law.

Customers should contact us as soon as reasonably possible if an order arrives damaged, incomplete or incorrect.

11. Returns, Refunds and Defective Products

Our Returns & Refund Policy forms part of these Terms of Service.

Consumers may have statutory rights under South African law, including rights relating to defective or unsafe goods and qualifying electronic transactions.

Nothing in these Terms of Service limits those rights.

For full information about returns, cooling-off rights, defective Products, refunds and return procedures, please refer to our Returns & Refund Policy.

Where a provision of these Terms conflicts with a mandatory consumer protection provision, the applicable law will prevail.

12. Consumer Protection Act

ABSORA™ intends to comply with the Consumer Protection Act 68 of 2008 (CPA) and other applicable South African consumer-protection legislation.

The CPA provides consumers with rights relating to, among other things:

  • Fair and reasonable terms and conditions;

  • Quality and safety of goods;

  • Information and disclosure;

  • Fair marketing;

  • Defective goods; and

  • Appropriate remedies where applicable.

ABSORA™ does not require customers to waive rights that cannot lawfully be waived.

The CPA also restricts suppliers from imposing unfair, unreasonable or unjust contractual terms.

13. Electronic Transactions

Because ABSORA™ operates online, electronic transactions may be subject to the Electronic Communications and Transactions Act 25 of 2002 (ECTA).

Where applicable, we will provide consumers with the information required by law regarding the transaction, including relevant product information, pricing, payment, delivery, returns and other applicable terms.

ECTA also provides specific consumer protections for qualifying electronic transactions, including certain cancellation rights.

14. Promotions, Discounts and Offers

From time to time, ABSORA™ may offer promotional discounts, limited-time offers, bundle deals or other special promotions.

Unless expressly stated otherwise:

  • Promotions are subject to availability;

  • Promotional offers may have specific terms;

  • Offers may not necessarily be combined;

  • A promotional offer may end when the stated promotional period ends or available stock is exhausted; and

  • We reserve the right to correct obvious errors in promotional information.

Promotional terms will not remove statutory consumer rights.

15. Intellectual Property

All content on the ABSORA™ Website, including but not limited to:

  • The ABSORA™ name and branding;

  • Logos;

  • Product names;

  • Photographs;

  • Graphics;

  • Website design;

  • Text;

  • Product descriptions;

  • Videos;

  • Marketing materials; and

  • Other original content

is owned by or licensed to ABSORA™ unless otherwise stated.

You may not reproduce, modify, distribute, sell, publish or commercially exploit our intellectual property without prior written permission.

Nothing in these Terms transfers ownership of ABSORA™ intellectual property to you.

16. User Reviews and Submitted Content

If you submit a review, photograph, video, testimonial or other content to ABSORA™, you confirm that:

  • You have the right to submit the content;

  • The content is not unlawful or misleading;

  • The content does not infringe another person's rights;

  • The content does not contain malicious software; and

  • The content does not violate applicable law.

By submitting content, you grant ABSORA™ permission to use, reproduce, display and publish that content for legitimate business and marketing purposes, subject to applicable law.

ABSORA™ may remove or decline to publish content that is unlawful, misleading, abusive, offensive, fraudulent, irrelevant or otherwise inappropriate.

We will not knowingly present a fabricated customer review as a genuine customer experience.

17. Website Availability

We aim to keep our Website available and functioning properly, but we do not guarantee that it will always be:

  • Available without interruption;

  • Free from errors;

  • Free from technical problems;

  • Completely secure; or

  • Compatible with every device or browser.

The Website may occasionally be unavailable due to maintenance, upgrades, technical problems or circumstances beyond our reasonable control.

18. Third-Party Services

Our Website may use third-party services, including payment processors, delivery providers, hosting providers, analytics providers and other technology providers.

Third-party services may operate under their own terms and privacy policies.

ABSORA™ is not responsible for the independent acts, omissions, systems or policies of third parties, except to the extent that applicable law makes us responsible.

19. Limitation of Liability

To the maximum extent permitted by South African law, ABSORA™ will not be liable for indirect, incidental, special or consequential losses arising from your use of the Website or Products.

However, nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by law.

In particular, nothing in these Terms is intended to exclude liability for rights or remedies that consumers are entitled to under the CPA, ECTA or other mandatory applicable legislation.

20. Indemnity

To the extent permitted by law, you agree to indemnify ABSORA™ against reasonable losses, claims, damages or expenses arising from your unlawful use of the Website, fraud, deliberate misconduct, or violation of these Terms.

This clause does not require you to indemnify ABSORA™ for matters that are caused by ABSORA™'s own unlawful conduct or where such an indemnity would not be permitted under applicable law.

21. Personal Information

When you place an order or use our Website, we may collect and process personal information necessary to operate our business and fulfil your order.

Personal information may include information such as:

  • Name;

  • Contact details;

  • Delivery address;

  • Billing information;

  • Order information; and

  • Other information reasonably required to provide our services.

Personal information will be handled in accordance with our Privacy Policy and applicable South African data-protection laws, including the Protection of Personal Information Act 4 of 2013 (POPIA) where applicable.

22. Cookies

Our Website may use cookies and similar technologies to provide functionality, improve the shopping experience, understand Website usage and support marketing activities.

By continuing to use our Website, you acknowledge that cookies may be used in accordance with our applicable privacy and cookie practices.

Where required by law, appropriate consent mechanisms will be provided.

23. Website Links

Our Website may contain links to third-party websites.

These links may be provided for convenience only.

ABSORA™ does not necessarily endorse or control third-party websites and is not responsible for their content, availability, security or privacy practices.

You access third-party websites at your own discretion.

24. Changes to These Terms

We may update these Terms of Service from time to time to reflect changes to our business, Products, Website, legal requirements or operational practices.

The updated version will be published on our Website with an updated effective date.

Changes will not retroactively remove rights that consumers have already acquired under applicable law.

25. Governing Law

These Terms of Service are governed by the laws of the Republic of South Africa.

Any dispute arising from the use of the Website or purchase of Products will be dealt with in accordance with applicable South African law and any applicable consumer-protection mechanisms.

Nothing in these Terms prevents a consumer from exercising a statutory right or remedy available under South African law.

26. Dispute Resolution

If you have a concern regarding an order or Product, we encourage you to contact ABSORA™ first so that we can attempt to resolve the matter directly.

Please provide your:

  • Full name;

  • Order number;

  • Contact details; and

  • Details of the issue.

We will make reasonable efforts to investigate and resolve legitimate complaints.

Nothing in this section prevents you from approaching a competent court, regulator, consumer-protection body or other authority where you are legally entitled to do so.

27. Severability

If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision will be interpreted or modified to the extent necessary to make it lawful where possible.

If it cannot be made lawful, it will be severed from these Terms.

The remaining provisions will continue to apply to the extent permitted by law.

28. Entire Agreement

These Terms of Service, together with our applicable Website policies and any specific terms displayed during checkout, constitute the agreement governing your use of the Website and purchase of Products, subject to any mandatory rights and protections provided by South African law.

29. Contact Us

If you have questions about these Terms of Service, your order or our Products, please contact us:

ABSORA™
South Africa
Email: support.absora@gmail.com

We aim to respond to customer enquiries as promptly as reasonably possible.

Legal Notice

These Terms of Service are intended to provide a practical consumer-facing framework for ABSORA™ as a South African online retailer.

They are not intended to contract out of any mandatory provision of South African law. Where applicable, the Consumer Protection Act 68 of 2008, Electronic Communications and Transactions Act 25 of 2002, Protection of Personal Information Act 4 of 2013, and other applicable legislation will prevail over any inconsistent provision of these Terms.

For maximum legal protection, ABSORA™ should have these Terms reviewed by a South African attorney familiar with e-commerce, consumer protection and POPIA compliance before relying on them as its final legal terms.