Aesthetic Centre Olympia
Ecommerce Terms & Conditions

13 April 2021

AGREEMENT TO TERMS

These Terms of use constitute a legally binding agreement made between you the customer, whether personally or on behalf of another legal entity and AESTHETIC CENTRE OLYMPIA (hereinafter referred to as ACO) concerning access to and use of the [www.acentreolympia.com] website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the "Site") of .

You (as the customer/client) agree that by accessing the site, you have read, understood, and agree to be bound by all of these Terms and conditions of use. If you do not agree with all of these Terms of Use, then you are expressly prohibited from using the Site and you must discontinue use immediately.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of use at any time and for any reason.

We will alert you about any changes by updating the "Last updated" date of these terms of Use, and you waive any right to receive specific notice of each such change.

It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country, except in the Republic of Namibia.

Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws as applicable in the Republic of Namibia, if and to the extent local laws are applicable.


The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.

The terms of use is subject to and regulated by the Electronic Transactions Act, Act 4 of 2019, in the Republic of Namibia.

ACO, will make exclusively use of DPO as its exclusive payment provider, and herewith incorporate its terms and conditions, simultaneously with ACO’s terms and conditions. DPO’s terms and conditions can be located at www.dpogroup.com

COPYRIGHT

All content included in or made available through any ACO’s Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software is the property of ACO’s or its content suppliers and protected by Namibian and international copyright laws. The compilation of all content included in or made available through any ACO is the exclusive property of ACO and protected by Namibian and international copyright laws.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws, and international conventions.

The Content and the Marks are provided on the Site "AS IS" for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited right to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

 

USER REPRESENTATIONS                         

By using the Site , you represent and warrant that:

  1. all registration information you submit will be true, accurate, current, and complete;

  2. you will maintain the accuracy of such information and promptly update such registration information as necessary;

  3. you have the legal capacity and you agree to comply with these Terms of Use;

(4) you are not under the age of 18;

  1. you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site;

  2. you will not access the Site through automated or non-human means, whether

through a bot, script or otherwise;

  1. you will not use the Site for any illegal or unauthorized purpose;

  2. your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue or inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

USER REGISTRATION

In order to purchase goods from us , you may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable

PRODUCTS

We make every effort to display as accurately as possible the colors, features, specifications, price and details of the products available on the Site. However, we do not guarantee that the colours, features, specifications, price and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colours and details of the products.

All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change. Where it is required and/or recommended that the use or application of the product ordered by you, is subject to first obtaining medical advice, before use or application, the responsibility is on you to seek and obtain the necessary medical advice prior to the use or application of the product so ordered. The client /customer has the sole responsibility to ensure that he/she is well conversed with the nature of the product(s), that it is suitable for use and application on you, according to the product pamphlet. It is further recorded that any product with a medical notice on it, it is accepted that such notice has been read by you.

 

PURCHASES AND PAYMENT

We only accept electronic fund transfers. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update your account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. VAT will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in Namibian dollars.

You agree to pay all charges at the prices then in effect for your purchases and any applicable courier fees, and you authorize us to charge DPO, the chosen payment provider for any such amounts upon placing your order.


We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or courier address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

DELIVERY POLICY

Subject to stock availability with suppliers and receipt of payment, requests will be processed within three (3) working days and handed over to a preferred courier company of our choice for delivery. Order processing can be subject to stock delays however we will endeavour to notify you thereof.

 

We do not deliver to a PO BOX. We will be in contact with you to arrange an alternative address should you submit a PO Box number for delivery.

 

We will supply all goods to a preferred delivery company in good order and will reasonably endeavour to ensure that goods arrive at your chosen delivery address in the same good order.

Delivery times vary. On average customers can expect deliveries within 1-2 business days. Outlying areas expect delivery in 2-4 business days.

 

The terms and condition of the courier company can be located and read at the respective courier company that will be used.

 

RETURN/REFUNDS POLICY

Any refunds or return of goods are governed by section 35 of the Electronic Transactions Act, applicable in the Republic of Namibia. You as the consumer is entitled to cancel without reason and without penalty within 7 calendar days of receipt of the goods. The consumer will be responsible for the direct costs of returning the goods.

 

Where the goods are made to the consumer’s specifications; are clearly personalised; by reason of their nature, cannot be returned; or are likely to deteriorate or are likely to expire rapidly, such goods will not be returnable or be refunded to the consumer. Gift cards purchased at our business will not be refundable.

 

To be eligible for a return , your item must be unused and in the same condition that you received it. It must also be in its original packaging. In order to process a return you need the provide us with an acceptable proof of payment/purchase.

 

Once the goods are returned we will let you know within 7 days via an email or text you to notify you regarding the approval or rejection of your refund. If the refund is not received within 7 days by you it is your responsibility to follow up with us.

 

Any costs associated with the return of any goods shall be paid by you, the customer. The company will charge a 20% handling fee, for any goods returned.

 

PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

1 systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection compilation, database, or directory without written permission from us.

  1. make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.

  2. use a buying agent or purchasing agent to make purchases on the Site.

  3. use the Site to advertise or offer to sell goods and services.

  4. circumvent, disable, or otherwise interfere with security-related features of the Site including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the content contained therein.

  5. engage in unauthorized framing of or linking to the Site.

  6. trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;

  7. make improper use of our support services or submit false reports of abuse or misconduct.

  8. engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction.

  9. interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.

11.  attempt to impersonate another user or person or use the username of another

  1. sell or otherwise transfer your profile.

  2. use any information obtained from the Site in order to harass, abuse, or harm another person.

  3. use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavour or commercial enterprise.

  4. decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.

  5. attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.

17. harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.

  1. delete the copyright or other proprietary rights notice from any Content.

  2. copy or adapt the Site's software, including but not limited to Flash, HTML, JavaScript, or other code.

20, upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming

(continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.

21 . upload or transmit (or attempt to- upload or to transmit) any material that acts as

       a passive or active information collection or transmission mechanism, including

       without limitation, clear graphics interchange formats ("gifs"), IXI pixels,

       web bugs, cookies, or other similar devices (sometimes referred to as "spyware"  

       or 'passive collection mechanisms" or "pcms'),

  1. except as may be the result of standard search engine or Internet browser usage use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.

  2. disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.       

  3. use the Site in a manner inconsistent with any applicable laws or regulations.

         

USER GENERATED CONTRIBUTIONS

The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio,

 

photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions").

Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

1. the creation distribution, transmission, public display, or performance, and the accessing, downloading or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.

 

 2. you are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.

  1. you have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of use.        

  2. your Contributions are not false, inaccurate, or misleading.

  3. your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain -letters, spam, mass mailings, or other forms of solicitation.

  4. your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable. (as determined by us).

  5. your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.

  6. your Contributions do not violate any applicable law, regulation, or rule.

  7. your Contributions do not violate the privacy of public rights of any third party.

10.your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.

11.your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.

  1. your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.

GUIDELINES FOR REVIEWS

We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria:

  1. you should have first-hand experience with the person/entity/product being reviewed;

  2. your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language;

  3. your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;

  4. your reviews should not contain references to illegal activity;

  5. you should not be affiliated with competitors if posting negative reviews;

  6. you should not make any conclusions as to the legality of conduct;

  7. you may not post any false or misleading statements;

  8. you may not organize a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners.

We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

You hereby waive all rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

ADVERTISERS

We allow advertisers to display their advertisements as agreed and determined between ACO and the advertiser and other information in certain areas of the Site, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Site and any services provided on the Site or products sold through those advertisements.

Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights.

As an advertiser, you agree that such advertisements are subject to our Notice and Policy provisions as described below,

and you understand and agree there will be no refund or other compensation for DMCA takedown-related issues. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.

SITE MANAGEMENT

We reserve the right, but not the obligation, to:

  1. monitor the Site for violations of these Terms of Use;

  2. take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities;

  3. in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your

Contributions or any portion thereof;

  1. in our sole discretion and without limitation, notice or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;

  2. otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

PRIVACY POLICY

We care about data privacy and security. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Site is hosted in the Republic of Namibia.

If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the Republic of Namibia; then through your continued use of the Site, you are transferring your data to the Republic of Namibia, and you expressly consent to have your data transferred to and processed in the Republic of Namibia.

Further, we do not knowingly request, or solicit information from children or knowingly market to children. Therefore, if we receive actual knowledge that anyone under the age of 18 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Site as quickly as is reasonably practical.

TERM AND TERMINATION

These terms of use shall remain in full force and effect while you use the site. Without limiting any other provision of these terms of use, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the site (including blocking certain ip addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, contained in these terms of use or of any applicable law or regulation.

 

We may terminate your use or participation in the site or delete your account and any content or information that you posted at any time, without warning, in our sole discretion.

 

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.

In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal action.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time.

We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you.

You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

GOVERNING LAW

These Terms of Use and your use of the Site are governed by and construed in accordance with the laws applicable in the Republic of Namibia.

 

CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

DISCLAIMER

The site is provided on an as-is and as-available basis. You agree that your use of the site services will be at your sole risk, the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the site and your use

thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the sites content or the

content of any websites linked to this site and we will assume no liability or responsibility for any: (1) errors, mistakes or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your

access to and use of the site and its products, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the site, (5) any bugs, viruses, trojan horses or the like which may be transmitted to or through the site by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the site. We do not warrant, endorse guarantee or assume responsibility for any product or service advertised or offered by a third party through the site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services.

As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

Where it is recommended that medical advice be obtained prior to the purchase or application of a product, it remains the purchaser/customer’s exclusive responsibility to follow the directions and instructions strictly, failing which you as the customer/purchaser takes full liability and risk.

 

LIMITATIONS OF LIABILITY                          

In no event will we or our shareholders, directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the site or its products.

 

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, directors, shareholders, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) use of our products; (2) use of the Site; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site.

 

Notwithstanding the foregoing, we reserve the right, at your expense to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

USER DATA

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site.

You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

 

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications, as envisaged in terms of the Electronic Transactions Act, Act 4 of 2019 in the Republic of Namibia (ETA) .

You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement as envisage in the ETA, but not limited to, that such communication be in writing. You hereby agree to the use of electronic signatures contracts, orders and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the site.


You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.         

MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.

 

These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act or deliver a product, caused by any circumstances beyond our reasonable control.

If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site.

You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

CONTACT US

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site,

please contact us at:

Aesthetic Centre Olympia

17 David Carstens Street

Olympia

Windhoek

Tel: 061 372 640

Mobile: 0815714744

Web Assist: 0814169922

Email: info@acentreolympia.com