Terms of service
TERMS OF SERVICE
OVERVIEW Welcome to Mélin Hair. The terms "we", "us" and "our" refer to Mélin Hair. Mélin Hair operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a curated shopping experience (the "Services"). Mélin Hair is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services. Please read these Terms carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability. These Terms are governed by the laws of the Republic of South Africa.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree, you should not use or access our Services. In terms of the Electronic Communications and Transactions Act 25 of 2002 ("ECT Act"), your continued use of the Services constitutes acceptance of these Terms.
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms, you confirm that you are at least 18 years of age, which is the age of majority in South Africa in terms of the Children's Act 38 of 2005, or that you have obtained the necessary consent from a parent or legal guardian to use the Services. You agree to provide accurate, current and complete information when registering or making a purchase, and to keep that information up to date.
You are solely responsible for maintaining the security of your account credentials and for all activity under your account. You may not transfer, sell, assign or share your account with any other person.
SECTION 2 – OUR PRODUCTS
We have made every effort to represent our products accurately on the website. However, colours and product appearance may vary depending on your device's screen settings and configuration. We do not warrant that product appearance or quality will exactly match what is depicted on the website.
All product descriptions are subject to change at our discretion. We reserve the right to discontinue any product at any time and to limit quantities available to any person or region, in compliance with the Consumer Protection Act 68 of 2008 ("CPA").
SECTION 3 – ORDERS
When you place an order, you are making an offer to purchase. Mélin Hair reserves the right to accept or decline your order for any reason. Your order is only accepted once Mélin Hair confirms acceptance and payment has been received and processed.
Please review your order carefully before submitting. Once an order is accepted, we may be unable to accommodate cancellation requests. If we decline, modify or cancel an order, we will notify you using the contact details provided at checkout.
Your purchases are subject to our Refund Policy. You confirm that purchases are for personal or household use and not for commercial resale or export.
SECTION 4 – PRICES AND BILLING
All prices are displayed in South African Rand (ZAR) and are inclusive of VAT where applicable, in accordance with the Value-Added Tax Act 89 of 1991. Prices are subject to change without notice. The price charged will be the price in effect at the time your order is placed, as confirmed in your order confirmation.
Unless expressly stated, prices do not include delivery, handling or other applicable charges. Promotions and discounts are governed by their own terms, which will prevail in the event of any conflict with these Terms.
You warrant that any payment information you provide is accurate, complete and authorised. You agree to pay all charges incurred, including any applicable delivery fees and VAT.
SECTION 5 – SHIPPING AND DELIVERY
All delivery times are estimates only and are not guaranteed. Mélin Hair is not liable for delays caused by couriers, third-party logistics providers, or circumstances beyond our control. Once your order is handed to the courier, risk of loss and damage passes to you. Please refer to our Shipping Policy for full details.
SECTION 6 – INTELLECTUAL PROPERTY
All content on the Mélin Hair website and Services — including trademarks, text, images, graphics, product descriptions, logos, designs and layout — is protected under the Copyright Act 98 of 1978, the Trade Marks Act 194 of 1993, and other applicable South African intellectual property laws. These rights are owned by Mélin Hair or by third parties who have granted us permission to use their materials.
These Terms permit you to use the Services for personal, non-commercial purposes only. You may not reproduce, distribute, modify, publicly display, republish, download, store or transmit any content from the Services without our prior written consent. Unauthorised use may constitute an infringement of South African intellectual property law.
All rights not expressly granted herein are reserved by Mélin Hair.
SECTION 7 – OPTIONAL TOOLS
You may be given access to third-party tools through the Services. These tools are provided "as is" and "as available" without warranties of any kind. Mélin Hair has no control over such tools and accepts no liability for your use of them. Use of any third-party tools is entirely at your own risk, and you should review the relevant third party's terms before use.
SECTION 8 – THIRD-PARTY LINKS
The Services may contain links to third-party websites. Mélin Hair is not responsible for the content, accuracy or practices of any third-party site. If you choose to access a third-party site, you do so at your own risk. Any complaints or concerns relating to third-party products or services should be directed to the relevant third party.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
Mélin Hair is powered by Shopify, which enables us to provide the Services. However, all sales and purchases are made directly with Mélin Hair. By using the Services, you acknowledge that Shopify is not responsible for any aspect of transactions between you and Mélin Hair, including any injury, damage or loss arising from purchased products or services. You hereby release Shopify and its affiliates from all claims, damages and liabilities arising from or related to your purchases and transactions with Mélin Hair.
SECTION 10 – PRIVACY AND PERSONAL INFORMATION
All personal information we collect through the Services is subject to our Privacy Policy and is processed in accordance with the Protection of Personal Information Act 4 of 2013 ("POPIA"). As the responsible party, Mélin Hair takes reasonable steps to ensure that your personal information is collected lawfully, stored securely and used only for the purposes for which it was collected.
Because the Services are hosted by Shopify, Shopify also collects and processes certain personal information relating to your use of the Services. This information may be transmitted to and stored in countries other than South Africa. Please review our Privacy Policy and Shopify's Privacy Policy for full details.
By using the Services, you confirm that you have read and understood these privacy policies.
SECTION 11 – FEEDBACK
By submitting any ideas, suggestions, reviews or other feedback ("Feedback") to Mélin Hair, you grant us a perpetual, royalty-free, sublicensable licence to use, reproduce, modify, publish and distribute such Feedback for any purpose, including to improve and promote the Services. You warrant that you own all rights to your Feedback and that it does not infringe any third-party rights.
We are under no obligation to maintain your Feedback in confidence, to compensate you for it, or to respond to it. We may remove any Feedback that we determine to be unlawful, offensive, defamatory or otherwise objectionable.
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information on the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, delivery charges or availability. We reserve the right to correct any such errors and to cancel orders where information was materially inaccurate, without prior notice. We will notify you if your order is affected.
SECTION 13 – PROHIBITED USES
You may only access and use the Services for lawful purposes. You may not use the Services:
- For any unlawful or fraudulent purpose, including in violation of the Prevention of Organised Crime Act 121 of 1998 or the Cybercrimes Act 19 of 2020;
- To infringe upon the intellectual property rights of Mélin Hair or any third party;
- To transmit unsolicited commercial communications ("spam") in contravention of the ECT Act;
- To harass, defame, intimidate or harm any person;
- To upload or distribute malicious code, viruses or any software that could damage the Services;
- To collect or track the personal information of others without consent;
- To reproduce, resell or exploit any part of the Services without our written consent; or
- To use automated tools, bots, scrapers or AI agents to access or interact with the Services without authorisation.
We reserve the right to suspend or terminate your access without notice if you violate any of these Terms.
SECTION 14 – AGENTS
14.1 This section applies if you use, enable or cause an automated agent or AI tool ("Agent") to access, use or interact with the Services.
14.2 No Agent may access the Services unless it identifies itself clearly and operates in accordance with Section 14.4. No Agent may access the Services if Mélin Hair has requested that it refrain from doing so.
14.3 Mélin Hair may restrict Agent access to the Services at any time, including through technical measures.
14.4 Agents must: (i) identify themselves as Agents in all HTTP/HTTPS requests by including "Agent/[agent name]" in the user agent string; (ii) not mimic human behaviour or circumvent CAPTCHA or similar verification measures; (iii) respond truthfully when asked whether interactions are from a human or a computer; and (iv) not circumvent any measures intended to block or limit Agent access.
SECTION 15 – TERMINATION
We may terminate this agreement or your access to the Services at any time, at our discretion and without notice. You will remain liable for all amounts due up to and including the date of termination. The following provisions survive termination: Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law, and any other provisions that by their nature should survive.
SECTION 16 – DISCLAIMER OF WARRANTIES
The Services and all products offered through the Services are provided "as is" and "as available", without warranties or conditions of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee that the Services will be uninterrupted, secure or error-free.
Nothing in this disclaimer limits your rights as a consumer under the Consumer Protection Act 68 of 2008.
SECTION 17 – LIMITATION OF LIABILITY
To the fullest extent permitted by South African law, Mélin Hair, its directors, employees, affiliates, agents, contractors and service providers — and those of Shopify and its affiliates — shall not be liable for any direct, indirect, incidental, special, punitive or consequential damages arising from your use of the Services or any products purchased through the Services.
This limitation does not apply to liability that cannot be excluded by law, including liability for death or personal injury caused by negligence, or liability arising from the Consumer Protection Act 68 of 2008.
SECTION 18 – INDEMNIFICATION
You agree to indemnify and hold harmless Mélin Hair, Shopify, and our respective affiliates, officers, directors, employees, agents and service providers from any losses, damages, liabilities or claims (including reasonable legal fees) arising from: (1) your breach of these Terms; (2) your violation of any applicable law or the rights of a third party; or (3) your use of the Services.
We will notify you of any indemnifiable claim. We may, at your expense, control the defence and settlement of any such claim, but will not settle any claim imposing non-monetary obligations on you without your consent.
SECTION 19 – SEVERABILITY
If any provision of these Terms is found to be unlawful, void or unenforceable under South African law, that provision shall be severed from these Terms to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.
SECTION 20 – WAIVER AND ENTIRE AGREEMENT
Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision. These Terms, together with our Privacy Policy and any other policies posted on the website, constitute the entire agreement between you and Mélin Hair regarding your use of the Services and supersede all prior agreements, whether oral or written.
SECTION 21 – ASSIGNMENT
You may not transfer or assign these Terms or any of your rights or obligations under them without our prior written consent. Any such attempt is null and void. Mélin Hair may transfer or assign these Terms without your consent or notice.
SECTION 22 – GOVERNING LAW
These Terms of Service are governed by and construed in accordance with the laws of the Republic of South Africa. You and Mélin Hair consent to the non-exclusive jurisdiction of the courts of the Gauteng Division of the High Court of South Africa, and the Magistrates' Court having jurisdiction, for the resolution of any disputes arising from these Terms or your use of the Services.
SECTION 23 – HEADINGS
Section headings are included for convenience only and do not affect the interpretation of these Terms.
SECTION 24 – CHANGES TO TERMS OF SERVICE
We reserve the right to update or change these Terms at any time. Where required by applicable law, we will notify you of material changes. Your continued use of the Services after any changes are posted constitutes your acceptance of the updated Terms. The most current version of the Terms will always be available on this page.
SECTION 25 – CONTACT INFORMATION
Questions about these Terms of Service should be directed to:
Mélin Hair
info@melinhair.com
97 3rd Avenue, Linden, Randburg, 2104