Privacy policy

Privacy Policy 

OVERVIEW

IMPORTANT — PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS OF SALE ("TERMS" OR "AGREEMENT") BEFORE ACCESSING, USING, OR PLACING AN ORDER THROUGH OUR WEBSITE. THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY (SEE SECTIONS 13 AND 14). PLEASE PRINT AND RETAIN A COPY FOR YOUR RECORDS.

Your use of vermella.co.za, including any sub-domains, affiliated websites, and mobile applications (collectively, the "Website"), which are owned and maintained by Vermella (Pty) Ltd ("Vermella," "we," "our," "us"), is governed by the policies, terms, and conditions set out below. Please read them carefully. We offer the Website, including all information, tools, products, and services available through it, conditional on your acceptance of all terms, conditions, policies, and notices set out here. By accessing, using, or placing an order through the Website, you agree to these Terms. If you do not agree to these Terms in full, you are not authorised to use the Website in any manner.

You can review the most current version of the Terms at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes your binding acceptance of those changes.

These Terms are governed by the Consumer Protection Act 68 of 2008 ("CPA") and the Electronic Communications and Transactions Act 25 of 2002 ("ECTA") of South Africa, along with any other applicable South African law.

TABLE OF CONTENTS

  1. Website Use
  2. Privacy and Security
  3. General Conditions and Website User Conduct Restrictions
  4. Products Sold For Personal Use Only
  5. No Medical Advice, and Accuracy of Information
  6. Modifications to the Website and Prices
  7. Payment
  8. Order Placement and Acceptance
  9. Subscriptions, Automatic Payment, and Cancellation
  10. Shipping
  11. Delivery Confirmation
  12. Returns and Refunds
  13. Disclaimer of Warranties
  14. Disclaimer of Liabilities
  15. Dispute Resolution
  16. Indemnification
  17. Third Party Websites and Links
  18. Testimonials, Reviews, and Submissions
  19. Intellectual Property Rights
  20. Electronic Communications
  21. Assignment
  22. No Waiver
  23. Severability
  24. Termination
  25. Entire Agreement
  26. Questions or Additional Information

1. WEBSITE USE

By using the Website and agreeing to these Terms, you confirm that you are at least 18 years of age. If you use the Website, you confirm that you have the legal capacity to enter into a binding contract with us, have read this Agreement, and understand and agree to its terms. Vermella is a dietary supplement intended for adults only.

2. PRIVACY AND SECURITY

Our Privacy Policy may be viewed at vermella.co.za/policies/privacy-policy. Our handling of personal information complies with the Protection of Personal Information Act 4 of 2013 ("POPIA"). The Privacy Policy is incorporated into these Terms by reference and forms part of these Terms.

3. GENERAL CONDITIONS AND WEBSITE USER CONDUCT RESTRICTIONS

All aspects of our Website are protected by South African and international copyright, trademark, and other intellectual property laws. You do not acquire any ownership or other rights by downloading or using the Website or any material on it.

You agree not to use or attempt to use the Website or any products or services in any unlawful manner or for any unlawful purpose. You further agree not to commit any unlawful act on or through the Website, including but not limited to: (1) hacking and other digital or physical attacks on the Website; (2) publishing abusive, vulgar, obscene, or defamatory material; (3) soliciting others to perform any unlawful acts; (4) violating any South African, provincial, or local laws or regulations; (5) infringing our intellectual property rights or those of others; (6) harassing, abusing, insulting, harming, defaming, intimidating, or discriminating on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (7) submitting false or misleading information; (8) uploading or transmitting viruses or malicious code; (9) collecting or tracking the personal information of others in contravention of POPIA; (10) interfering with or circumventing the security features of the Website; or (11) any other unlawful act.

Vermella reserves the right to terminate your access to the Website or any of its services if we determine that you (1) do not comply with these Terms; (2) provide false, inaccurate, or incomplete information; (3) engage in any conduct that would harm Vermella's rights or interests; or (4) for any reason with prior reasonable notice to you.

4. PRODUCTS SOLD FOR PERSONAL USE ONLY

You agree that any products you purchase from Vermella on or through the Website are for your personal, non-commercial use. You agree that you will not resell, redistribute, modify, or export any product ordered from the Website. Resale of our products outside of authorised channels can result in the product becoming materially different, which may affect safety, efficacy, or the ability to honour guarantees. We reserve the right to limit or refuse orders that, in our sole judgement, appear to be placed by dealers, resellers, or distributors.

5. NO MEDICAL ADVICE, AND ACCURACY OF INFORMATION

The material on the Website is provided for general informational purposes only and is not intended as medical advice or as a substitute for advice from a qualified healthcare provider. These statements have not been evaluated by SAHPRA (the South African Health Products Regulatory Authority). Vermella is a dietary supplement and is not intended to diagnose, treat, cure, or prevent any disease. You should consult your doctor or registered healthcare provider before using any product or information provided by Vermella, especially if you are taking medication or managing an existing health condition. Vermella is designed to support your body alongside your doctor's plan, never as a replacement.

While we endeavour to provide accurate and current information, the Website may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the Website is inaccurate at any time without prior notice (including after you have submitted your order).

We have made every effort to display product colours and images as accurately as possible. We cannot guarantee that your computer or mobile device's display will be accurate.

Vermella does not guarantee that you will achieve your health and wellness goals. Your results may vary depending on factors unique to you, such as your age, health, and genetics.

6. MODIFICATIONS TO THE WEBSITE AND PRICES

We reserve the right to modify or discontinue access to the Website (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third party for any modification, suspension, or discontinuance of access to the Website.

All product descriptions and pricing are subject to change at any time without notice, at our sole discretion. Any offer for any product made on this Website is void where prohibited by law.

7. PAYMENT

All charges are in South African Rand (ZAR) and include VAT where applicable.

By submitting payment information to us, you represent and agree that: (i) you are fully authorised to use the card or account; (ii) all payment information is complete and accurate; (iii) you are responsible for any payment card fees; and (iv) sufficient funds exist to pay us the amount(s) due.

We and our third-party payment service providers (such as PayFast, Yoco, Peach Payments, or similar licensed South African payment processors) may request and receive updated card information from your card issuer. If such updated information is provided, we will update your account information accordingly.

We are not responsible for any fees or charges that your bank or card issuer may apply. If your bank or card issuer reverses a charge, we may bill you directly and seek payment by another method.

8. ORDER PLACEMENT AND ACCEPTANCE

Your electronic order confirmation does not signify our acceptance of your order. We reserve the right to accept or refuse any order for any reason. If we decline your order, you will receive a full refund to your original form of payment. We will not be liable for any losses or damages that may result from our refusal to provide you any product or service. We reserve the right to require additional information before processing any order.

9. SUBSCRIPTIONS, AUTOMATIC PAYMENT, AND CANCELLATION

When visiting the Website, you may have the option of purchasing a product once or enrolling in Vermella's subscription plan, where the payment card you provide at the time of enrolment is automatically charged every 30, 60, or 90 days, or at any other interval selected, unless and until you cancel. If you enrol in Vermella's subscription, the card you provided will be billed and the product shipped at the interval selected, from the date of your initial enrolment, unless you cancel.

In accordance with Section 14 of the Consumer Protection Act, you may cancel your subscription at any time by giving us 20 business days' written notice. You may also cancel at any time by emailing us at help@vermella.co.za or logging into your account to manage your subscription. To avoid being charged for the next scheduled shipment, please cancel at least 24 hours before the next scheduled dispatch date.

If you are enrolled in the Vermella subscription programme and your payment card fails to process for a subsequent shipment, you agree that Vermella may contact you on any phone number (including mobile) or email address you provided for alternate payment details.

10. SHIPPING

Vermella ships to addresses located in South Africa. Delivery times vary based on location and factors outside of our control, typically 3 to 6 business days for most addresses. Delivery outside of major metropolitan areas (Johannesburg, Cape Town, Durban, Pretoria) may take longer.

Accurate shipping address and contact phone number are required. We are not responsible for late or missing shipments if you enter incorrect shipping details. If you discover an error after your order has been submitted, please email help@vermella.co.za as soon as possible. We frequently dispatch on the same day of order, so we cannot guarantee that we will be able to amend your order.

Shipping within South Africa is handled via established courier networks (such as The Courier Guy, Aramex, PostNet, or similar).

11. DELIVERY CONFIRMATION

Because many factors at your delivery address are beyond our control, you agree that any delivery confirmation provided by the courier (including tracking status, signature proof, or photo of delivery) is sufficient proof of delivery.

12. RETURNS AND REFUNDS

Vermella wants you to be satisfied with your experience. You have rights under the Consumer Protection Act including the right to return goods that are defective, unsafe, or not of merchantable quality.

Our Vermella Promise: If you are not satisfied with Vermella within 60 days of delivery, contact us at help@vermella.co.za and we will arrange a full refund or replacement. Keep the results, or keep your money.

Please visit our Refund Policy on the Website for the full return process. The following are non-refundable:

  1. Items marked "final sale" or "non-returnable"
  2. Shipping fees and expedited shipping fees
  3. Gift cards or orders placed using gift cards

After our warehouse receives your return, processing typically takes 5 to 10 business days. Once processed, it may take up to 10 business days for the refund to reflect in your account, depending on your bank.

This policy does not limit any rights you may have under the Consumer Protection Act or other applicable South African law.

13. DISCLAIMER OF WARRANTIES

EXCEPT WHERE PROHIBITED BY LAW (INCLUDING SECTIONS 54 AND 55 OF THE CONSUMER PROTECTION ACT), THIS WEBSITE AND ALL PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY REQUIRED UNDER THE CPA OR OTHER APPLICABLE SOUTH AFRICAN LAW.

We make no, and expressly disclaim any, representations and warranties as to the reliability, timeliness, quality, suitability, availability, accuracy, or completeness of any information on this Website. We do not represent or warrant that: (A) our products, services, information, or other material obtained through the Website will meet your requirements or expectations; or (B) the Website or the servers that make the Website available are free of viruses or other harmful components.

Nothing in these Terms limits, excludes, or modifies any warranty, right, or remedy implied by the Consumer Protection Act or other South African law that cannot be lawfully excluded.

14. DISCLAIMER OF LIABILITIES

EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL VERMELLA OR ANY OF ITS DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY POLICY, THE PRODUCTS, OR YOUR OR A THIRD PARTY'S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY PRODUCT, REGARDLESS OF WHETHER VERMELLA HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES.

This includes, without limitation, any loss of use, loss of profits, loss of data, loss of goodwill, cost of procurement of substitute services or products, or any other indirect, special, incidental, punitive, or consequential damages.

If, notwithstanding the limitations above, Vermella is found liable under any theory, Vermella's total liability will be limited to the total amount paid by you for the product giving rise to the claim, or ZAR 5,000, whichever is greater.

This limitation of liability does not apply to liability that cannot be excluded or limited under the Consumer Protection Act or any other applicable South African law, including liability for death, personal injury, fraud, or wilful misconduct.

15. DISPUTE RESOLUTION

PLEASE READ THIS SECTION CAREFULLY.

If you have a complaint or dispute with Vermella, please first contact us at help@vermella.co.za so that we can attempt to resolve the matter directly. Most disputes can be resolved this way.

If we are unable to resolve the dispute within 15 business days, the parties agree to attempt to resolve the dispute through good-faith negotiation or, if that fails, through mediation conducted by a mutually agreed mediator.

You retain the following rights under South African law:

  1. The right to lodge a complaint with the National Consumer Commission (NCC) — www.thencc.gov.za
  2. The right to lodge a complaint with the Consumer Goods and Services Ombud (CGSO) — www.cgso.org.za
  3. The right to approach a relevant court of competent jurisdiction in South Africa

Any legal proceedings arising from these Terms shall be subject to the jurisdiction of the South African courts. These Terms are governed by South African law.

Nothing in these Terms excludes your right to pursue any remedy available to you under the Consumer Protection Act or any other applicable law.

16. INDEMNIFICATION

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Vermella, its directors, shareholders, employees, agents, representatives, contractors, licensors, service providers, suppliers, and subcontractors from and against any claims, actions, losses, liabilities, damages, expenses, and costs (including reasonable legal fees) arising from or connected to (1) your breach of these Terms; (2) your breach of any representations or warranties in this Agreement; or (3) your violation of any law or the rights of a third party.

17. THIRD PARTY WEBSITES AND LINKS

Our Website may include materials from or links to third party websites. We are not liable for any third party materials or websites. We are not liable for any harm or damages related to the purchase or use of goods, services, or content from any third party websites. Please review third party policies and practices carefully before engaging in any transaction. Complaints about third party products should be directed to the applicable third party.

18. TESTIMONIALS, REVIEWS, AND SUBMISSIONS

We welcome comments about our products. You agree that anything you submit or post to the Website, including photographs, testimonials, ideas, questions, reviews, comments, and suggestions ("Submissions"), will be treated as non-confidential and non-proprietary. We have the royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, adapt, and create derivative works from such Submissions by any means and in any form.

You confirm that any Submission you provide us is true and accurate and does not infringe the intellectual property rights of any third party. You agree that Vermella may use a Submission, in whole or in part, together with your first name and surname initial (e.g. "Annelise M.").

Customer testimonials shown on this Website reflect the experiences of individual customers. These testimonials do not represent the typical or expected experience of all users.

19. INTELLECTUAL PROPERTY RIGHTS

A. Content Ownership

The audio, video, images, photographs, articles, text, graphics, illustrations, logos, layouts, designs, interfaces, software, data compilations, and other content associated with the Website (the "Content") are owned or licensed by Vermella and are protected by intellectual property, copyright, trademark, and other laws in South Africa and internationally. You must comply with all such laws. You shall not remove or alter any copyright, trademark, or other legal notices on the Content. Vermella retains all right, title, and interest in and to the Website and the Content.

You are permitted to access and view the Content for personal, non-commercial purposes only. You may not build a business or enterprise using any of the Content, whether for profit or not. Except as expressly authorised by us in writing, you may not (directly or through software or automated means): download, stream capture, store in a database, archive, upload, sell, rent, lease, lend, broadcast, transmit, or otherwise disseminate or exploit any part of the Website or Content.

B. Copyright

The copyright in all materials on the Website is owned by Vermella or its licensors. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form without our prior written consent. Permission is granted to view, copy, print, and download materials for personal, non-commercial informational use only, provided all copies include this copyright notice.

C. Trademarks

"Vermella" and the Vermella logo are trademarks of Vermella . Nothing on the Website grants any licence or right to use any trademark without our prior written consent.

D. Copyright Complaints

If you believe that any material on this Website infringes your copyright, please notify us at help@vermella.co.za with the following information:

  1. A description of the copyrighted work that is the subject of the claim
  2. A description of the infringing material and information sufficient for us to locate it
  3. Your contact information
  4. A statement that you have a good faith belief that the material is not authorised
  5. A statement that the information in the notification is accurate and that you are the copyright owner or authorised to act on behalf of the copyright owner

We will investigate all good-faith complaints and may remove or disable access to material found to be infringing.

20. ELECTRONIC COMMUNICATIONS

In accordance with ECTA, you agree that we may communicate electronically with you and that such communications — including notices, disclosures, agreements, and other communications we provide electronically — are equivalent to communications in writing and have the same legal force and effect.

21. ASSIGNMENT

You may not assign any of your rights under these Terms without our written consent, and any such attempt will be null and void. Vermella may, at its discretion, transfer without further consent or notification all contractual rights and obligations under these Terms if some or all of Vermella's business is transferred to another entity by merger, sale of assets, or otherwise.

22. NO WAIVER

No waiver by Vermella of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or of any other term or condition. Any failure by Vermella to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

23. SEVERABILITY

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be severed from these Terms. Such determination shall not affect the validity and enforceability of the remaining provisions.

24. TERMINATION

If we terminate this Agreement, Sections 2 to 5, 13 to 19, and 20 to 26, as well as any representations, warranties, and obligations made by you, shall survive the termination.

25. ENTIRE AGREEMENT

These Terms, together with any policies or operating rules posted on the Website, constitute the entire agreement and understanding between you and Vermella and supersede any prior agreements. Any ambiguities in interpretation shall not be construed against the drafting party.

26. QUESTIONS OR ADDITIONAL INFORMATION

Please contact Customer Support if you have any questions about your purchase.

Vermella

Email: help@vermella.co.za

Website: vermella.co.za