TERMS & CONDITIONS
Please read the T&C’s below before using our Website as they are important and should be carefully noted. By using the Website OR by clicking on the “Register Now” button on the Website you acknowledge that you have read and agree to be bound by these T&C’s.
1. INTRODUCTION & TERMINOLOGY
1.1. This website can be accessed at www.melano-tan.co.za, related mobile sites and software applications (the “Website”) and is owned and operated by Melano Tan (“Melano Tan”, “we”, “us” and “our”). All content, trademarks and data on the Website are the property of Melano Tan and are protected from infringement by local and international law. The Website and its content is copyright of Melano Tan (All rights reserved), and the distribution and reproduction of part or all of the content is prohibited without written consent.
1.2. The Website Terms and Conditions (“T&C’s”) govern the use of the Website including the ordering, sale and delivery of Goods. The T&C’s are binding and enforceable against every person that uses the Website (“you”, “your” or “user”), including each user who registers on the Website (“registered user”). 1.3. The Website offers users to shop and purchase products online (“goods”).
1.4. For purposes of the Consumer Protection Act (the “CPA”) all users are considered consumers.
1.5. The T&C’s contain provisions which -
1.5.1. may limit the risk or liability of Melano Tan; and/or
1.5.2. may create risk or liability for the user; and/or
1.5.3. may compel the user to indemnify, defend or hold harmless Melano Tan; and/or
1.5.4. serves as an acknowledgement, by the user, of a fact.
If any provisions in the T&C’s are not understood, it is the user’s responsibility to seek advice before continued use of the Website.
1.6. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
2.1. All information on the Website is for general informational purposes only. Melano Tan strives to post relevant and accurate information but do not warrant that any content available on the Website to be complete, reliable, current or error-free; this information is provided on a “as is” basis. Melano Tan reserves the right to refuse or reject any order where typographical errors are present. To the fullest extent permitted by law Melano Tan does not accept liability of any loss or damage caused as a result from use of the Website – All users use the Website entirely at their own risk and assume full responsibility for any risk or loss resulting from the use of the Website.
2.2. Any views or statements made or expressed on the Website are not necessarily the views of Melano Tan, its directors and/or employees.
2.3. It is deemed that users of any product(s) sold on the Website do so entirely at their own risk and no liability of any nature will be accepted by the Website or its owners. Melanotan is not a drug and is not intended to treat, cure or prevent any disease or dermatological ailments. Melanotan is a generic peptide not controlled on an international basis by any drug conventions. The Website or its owners will not be held responsible for any short or long term side effects incurred by an individual, and warn all users of Melanotan that clinical trials by medical and drug conventions are still in process. Melanotan is not intended to be used as a food additive, drug, vitamin, supplement, cosmetic or any other inappropriate application and users warrant that product(s) purchased off the Website will be used according to the strict dosage instructions provided. The user warrants that the product will not be used in any other manner other than for research use and assumes any and all responsibility for misuse. The user has the responsibility to verify the hazards and to conduct any further research necessary to learn the hazards involved in using Melanotan purchased from the Website. Melanotan product(s) sold on the Website should under no circumstances be used by person fitting the following descriptions: (1) has nevi, irregular moles, who has had moles mapped, who has exposed birthmarks or who is taking Roacutane or its analogs (2) who is epileptic or has experienced seizures (3) diabetic (4) under the age of 18 years (5) who have a history of melanoma or related skin conditions (6) who have or do exhibit hyper-pigmentation in any way, shape or form ( ie from the pill) (7) who have experienced any cardiac arrhythmia. The user warrants that they are fully aware of government regulations regarding the importation, purchase, possession and use of Melanotan product(s); and the health and safety hazards associated with the handling and use of Melanotan product(s).
3. REGISTRATION AND USE OF THE WEBSITE
3.1. To register you will need to provide a unique username, password and personal details to Melano Tan. The username and password will need to be provided when wanting access to use the Website - Only registered users may order goods on the Website.
3.2. For security purposes you agree to enter the correct username and password when using the Website, failing which you will be denied access. You agree and warrant that your username and password shall:
3.2.1. be used for personal use only; and
3.2.2. not be disclosed by you to any third party.
3.3. No person under the age of 18 (eighteen) or of full legal capacity, may use the Website without involvement and supervision of your parent or legal guardian. By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity.
3.4. Melano Tan reserves the right to refuse and/or terminate any account without prior notice if a user does not comply with the T&C’s or if it is decided that it would be in best interest of the Website. The user shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Website.
3.5. Multiple Accounts are not allowed and will result in having those accounts closed and all content dissolved.
3.6. Through use of the Website you agree that you will not post or distribute any submission that may be defamatory, abusive, harassing, threatening, invasive, hateful, racial, violent, vulgar, obscene, pornographic, sexually explicit, harmful, antisocial, disruptive, destructive or is otherwise unlawful. You agree to not post content that contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Website or any connected network. You agree that you will not in any way use a robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website.
3.7. Although strict monitoring is executed Melano Tan cannot and do not assure that other users are or will comply with the rules of the Website, and are thus not liable for any risk, harm or injury caused as result.
4. SALE OF GOODS & STOCK AVAILABILITY
4.1. Melano Tan reserves the right to accept or reject any order placed on the Website. All orders depend on the availability of stock, the information relating to the sale of the goods (including without limitation the price) and the authorisation of payment by Melano Tan. The rejection of an order will be indicated by the cancellation of it and the refunding of the amount paid.
4.2. It is important to note that the sales agreement (the “sale”) between the user and Melano Tan will only be created once confirmation that the order has been shipped or can be collected.
4.3. An order can be cancelled at any time by the user provided that Melano Tan receives notification of the cancellation before a dispatch notice is sent.
4.4. Users agree to acknowledge that the stock of goods is limited and dependant on availability. Melano Tan will take all reasonable efforts to monitor stock levels and ensure that all goods listed are available but cannot guarantee the availability after an order is placed, and where there is no stock availability you will be notified and refunded.
4.5. Placing goods into your shopping basket without completing the purchase cycle does not constitute an order and may be removed from the shopping basket without notice – The purchase cycle is only completed once the order has been placed and paid for. If the purchase cycle is not completed Melano Tan does not accept liability if those goods are no longer available or if there is a price change.
4.6. Processing times may vary due to stock availability and number of orders to be processed. For convenience Melano Tan will strive to have parcels processed in the least amount of time possible.
4.7. The Purchasing Of eBooks:
4.7.1 eBook’s sold on the Website are in a PDF format and can be read on any device compatible with PDF Reader Software. Free PDF Reader Software, such as Adobe Reader, can be downloaded online.
22.214.171.124. eBooks will not display on any devices that do not support PDF Reader Software, users take it upon themselves to check their device prior to purchasing an eBook on the Website.
126.96.36.199. When purchasing and downloading an eBook from the Website you will need to be connected to the internet. Once the eBook has been downloaded no internet connection will be needed for subsequent openings provided you are opening the eBook on the same device it was originally downloaded.
4.7.2.The ordering & delivery of eBooks: Once ordered and paid the user has the right to download the eBook. If Melano Tan accepts the order, the delivery of such eBook will take place electronically via a download link.
188.8.131.52. Once an order is paid for and accepted a link will be sent via email. By clicking the link the eBook will download to the device. The speed of the delivery will depend on a number of factors, such as internet speed, which are out of the Websites control and Melano Tan hereby does not agree to the delivery in any specific timeframe.
184.108.40.206. To reduce the risk of fraud the download link is limited to the number of times it can be clicked before access is blocked. Melano Tan accepts no responsibility or liability to the user or any person upon the accessing and clicking of the link.
220.127.116.11. No fee is charged for the delivery of the eBook but users may incur costs associated with the downloading of the eBook. Melano Tan will under no circumstances be held liable for any additional costs (e.g. ISP & data fees) incurred.
4.7.3.The illegal use of eBooks:
18.104.22.168. All eBooks ordered on the Website are the property of the publisher/licensors and are protected by copyright and intellectual property laws. Any eBook ordered from the Website is intended for personal use and any other used is strictly prohibited. The user may not but not limited to modify, publish, reproduce, print, copy or share the eBook in any way or format. Any person seen to be participating in illegal activities may be prosecuted.
22.214.171.124. All eBook’s downloaded from the Website have a unique stamp to prevent the Sharing or “Lending” of the content to any persons other than the purchaser. Users Sharing or “Lending” the contents of the eBook will be seen as participating in illegal activities.
126.96.36.199. By ordering and downloading any eBook off the Website the user agrees to the Terms & Conditions above. The user hereby undertakes to not participate in any illegal activities and to hold Melano Tan liable for any damage or loss.
4.8. Users acknowledge that Melanotan based products are unregistered medicines and accept all risk involved in the purchasing and use of these products. Melano Tan will under no circumstances be held liable for any damage that may arise from the use of these products.
5. PAYMENT OF GOODS
5.1. Melano Tan is committed to providing secure online payment facilities; all payments are made on secure third-party payment gateways using the appropriate and latest encryption technology.
5.2. Users can make payment for goods via:
5.2.1. Credit Card - Only registered 3D-Secure cards permitted.
5.2.2. Cheque Card - Only registered 3D-Secure cards permitted.
5.2.3. Instant EFT
6. DELIVERY OF GOODS
6.1. Melano Tan offers nationwide delivery and will ship to most locations within South Africa. Delivery to locations regarded by the courier as (but not limited to) remote or a security risk will be rejected and refunded.
6.2. Melano Tan offers the following methods of delivery:
6.2.1. Door-To-Door Courier
6.3. Melano Tan offers Free Delivery however the delivery charges are subject to change at any time, without prior notice, and the applicable charges will be seen on check out.
6.4. The delivery times depend on the area and location of the address provided and may vary to the times specified. For convenience Melano Tan will strive to have parcels delivered in the least amount of time possible.
6.5. Any responsibility of Melano Tan is passed onto the user upon delivery to the address provided and Melano Tan is not responsible for any loss or unauthorized use of the goods once delivery has taken place.
6.6. Click Here to read our International Shipping Delivery Policy.
7. RETURN OF GOODS
7.1. Melano Tan may accept the return of goods purchased on the website and goods returned in the applicable condition and time frame will either be repaired, exchanged or the purchase amount credited onto your online account.
7.2. Melano Tan will only consider accepting the return of goods if the return is logged within 5 (five) days of delivery, the goods are in their original packaging and undamaged (only damaged goods received on delivery can be returned).
7.3. On approval the refund amount will be credited onto your online account within 1-2 working days and can be used on the website.
7.4. Please note that the user is responsible for the return of any goods ordered in error and liable for any costs relating to the return. It is suggested that any returns are sent with an insured courier service as Melano Tan is not liable for any loss or damage during the returns process.
7.5. Melano Tan will not accept the return of any product exported out of the Republic of South Africa.
8.1. Melano Tan respects privacy and is committed to protecting our user’s privacy on the website.
9.1. The Website is interactive and makes the use off “Web Cookies” to retrieve data and collect user information.
9.2. A Web Cookie is a small piece of data sent from the website and stored on the user's computer by the user's internet browse, the data recorded is made up of useful information (like goods added to the shopping basket) as well the users browsing activity (like buttons pushed, logging in, pages visited). These Web Cookies are used by Melano Tan to improve the websites functionality, content and advertising.
10. GOVERNING LAW & JUSISTRICTION
10.1. The T&C’s laid out shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Through use of the Website it will constitute the users consent and submission to the jurisdiction of the South African courts regarding all applications and proceedings.
It is deemed that users of any product(s) sold on the Website do so entirely at their own risk and no liability of any nature will be accepted by the Website or its owners.
11. CHANGES TO THE TERMS & CONDITIONS
11.2. Melano Tan reserves the right to make any changes to the Terms & Conditions as it sees fit by posting the changes on the website and these changes are effective immediately upon posting. Your continued use of the site will signify your acceptance of any adjustment to the Terms & Conditions.
Melano Tan permits the use of the Website subject to the Terms and Conditions laid out above. By using the Website in any way, it is deemed that you have accepted all the Terms and Conditions unconditionally.